E4. Ord. 1865, Starling Zoning & PUDKALisPEii.
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: Ordinance 1865 — Second Reading - Starling Phases 1-8
Planned Unit Development and Zone Change
MEETING DATE: October 18, 2021
BACKGROUND: Kilday & Stratton has submitted an application for the Starling Phases 1-8
Planned Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on
approximately 58.0 acres of land on the west side of Stillwater Road to the west of Timberwolf
Parkway. The property was previously annexed with an R-3 (Residential) underlying zone and has
an expired PUD overlay over the full section of land. This proposal would rezone the 58.0 acres to
RA-1 (Residential Apartment) with a new PUD overlay for the subject property. The proposal
includes a proposed preliminary plat for Phases 1-3 of the project (approved at the October 4, 2021,
Council meeting), which encompasses 20.84 acres of land. Phases 1 and 2 contain approximately
14.9 acres and include 77 residential lots and sublots (37 single-family and 40 townhome lots). Phase
3 is a single lot plus common area totaling approximately 5.9 acres (2.75 acres of developable area
and 3.18 acres of common area) with proposed uses potentially including up to 35 multi -family
dwelling units, a combination of live/work units and office space, or small-scale neighborhood retail.
The property is located on the west side of Stillwater Road between Four Mile Drive and West
Reserve Drive. It can be described as a portion of Assessor's Tracts 4A and 6, located in the East
half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
The Kalispell City Council, at their meeting on October 4, 2021, approved the first reading of
Ordinance 1865 unanimously.
RECOMMENDATION:
ZONE CHANGE AND PLANNED UNIT DEVELOPMENT: It is recommended that the Kalispell
City Council approve the second reading of Ordinance 1865, an Ordinance to amend Section
27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by rezoning certain real
property described as a portion of Assessor's Tracts 4A and 6, located in the East half of Section 35,
Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, from R-3 (Residential) to
RA-1 (Residential Apartment) and applying a Residential Mixed Use Planned Unit Development
Zoning Overlay subject to 41 conditions 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: Ordinance 1865
September 14, 2021, Kalispell Planning Board Minutes
Staff Report
Linked Application Materials & Maps
Aimee Brunckhorst, Kalispell City Clerk
Retum to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1865
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO BE KNOWN AS STARLING
PLANNED UNIT DEVELOPMENT, OVER CERTAIN REAL PROPERTY DESCRIBED
AS A PORTION OF ASSESSOR'S TRACTS 4A AND 6 LOCATED IN THE EAST HALF
OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A", IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Kilday & Stratton, 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 RA-1 with a Planned Unit Development overlay to be known as
Starling PUD, on approximately 58.0 acres of land; and
WHEREAS, the property is currently zoned City R-3, Residential, and is located on the west
side of Stillwater Road to the west of Timberwolf Parkway; and
WHEREAS, the petition of Kilday & Stratton was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-21-02, 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 a Public Hearing on the matter on September
14, 2021 and recommended that a Planned Unit Development overlay be attached
to approximately 58.0 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-21-02.
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 Kilday & Stratton
upon the real property described above is hereby approved subject to the
following conditions:
The Planned Unit Development for Starling Phases 1-8 allows the following deviations
from the Zoning Regulations:
(1) Use: Sections 27.09.010 and 27.09.030 —Phase 3 uses may include any permitted
uses allowed under B-1 zoning. Accessory dwelling units are allowed on Lots 17,
24, 25, 32, 33, and 40 in Phase 2 and future phases subject to review. ADUs would
be subject to general zoning requirements as well as a requirement that (a) any lot
with an ADU be a minimum width of 50 feet with a minimum depth of 100 feet;
(b) they meet the setbacks for principal structures; and (c) that the parking for the
ADU would be one additional parking space rather than two. The proposal would
allow the ADU to be attached or detached from the principal structure.
(2) Lot Area: Section 27.09.040(1) — The minimum lot size in the RA-1 is 6000 square
feet minimum lot size. This deviation would allow a minimum lot size of 4000
square feet for single-family lots and a minimum lot size of 2350 square feet per
unit for parent lots with townhomes/sublots.
(3) Lot Width: Section 27.09.040(2) — The minimum lot width in the RA-1 zone is 50
feet. This deviation would allow a minimum width of 40 feet.
(4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the
front, 5 feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet
to the garage from a street right-of-way. This deviation would allow for a side
setback of 3 feet.
(5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the
RA-1 zone is 45%. This deviation would allow a maximum lot coverage of 60%.
2. The Planned Unit Development for Starling Phases 1-8 allows the following deviations
from the Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — This deviation would allow three alternative road
sections: (a) 80-foot urban collector with 16-foot landscape boulevards; (b) 30-foot-
wide alleys; and (c) the 32 foot wide woonerf.
(2) House Orientation: Section 28.3.14(F)(1) — This deviation allows homes to face
Stillwater Road provided that access is provided only from the alley behind the
homes.
(3) Alley as Primary Access: Section 28.3.11(B) and (C) — This deviation allows
homes along Stillwater Road to be accessed only from an alley.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change 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 preliminary plat approval shall be valid for a period of three years from the date of
approval.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements
of the current city standards for design and construction. Prior to final plat, a certification
shall be submitted to the public works department stating that the drainage plan for the
subdivision has been installed as designed and approved.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction, except as otherwise provided for herein.
17. Any lot adjacent to an alley shall access the home from the alley rather than the street.
18. No individual accesses to Stillwater Road are allowed.
19. The development's frontage on Stillwater Road will shall be improved in accordance with
City Design and Construction Standards to a Minor Arterial standard including, but not
limited to, bike/pedestrian path, curb/gutter, and landscape boulevard. Improvements may
include widening the road surface if necessary to meet those standards. A dedication of an
additional ten feet of right-of-way is required to provide the required width for a minor
arterial.
20. Internal streets shall be built to local and collector design standards (the collector shall be
the extension of Timberwolf Parkway) pursuant to the Standards for Design and
Construction including, but not limited to, sidewalks, landscape boulevard, street lights,
and curb/gutter, except as modified through deviations from the standards specified herein.
21. Additional connections are required to connect to the north from Phase 5.
22. Temporary turnarounds will be required as part of the final design until such time as a
connection is made in any dead-end location with the potential to be extended in the future.
23. Alleys are also included within the plan shall be maintained as private alleys. The 30-foot
alley in Phase 2 will require a temporary turnaround until it can be extended.
24. The collector street name shall be Timberwolf Parkway rather than Dairyland Drive
pursuant to city regulations that require extensions of roads to continue the existing street
name.
25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and
approved by the Public Works Department. Per the city Standards for Design and
Construction, the development shall maintain or improve the existing level of service for
the affected roadways rather than simply maintaining an acceptable level of service. Any
improvements necessary to maintain the existing level of service will be required.
26. The traffic study also addressed the potential need for a roundabout at the intersection of
Timberwolf Parkway and Stillwater Road. Per the study, the roundabout is not required at
this time. However, further development on both sides of Stillwater likely means a
roundabout will be necessary at some point and providing for its location at the intersection
of Timberwolf Parkway with dedication of right-of-way for a future improvement is
appropriate. The proposed plat shows the right-of-way dedication. In addition, a note shall
be placed on the final plat waiving protest of an SID for the roundabout construction that
would apply to any lots within the development.
27. Any fencing along Stillwater Road shall be reviewed and approved by the city
Architectural Review Committee, which shall ensure a consistency of colors and materials
to be used to present an aesthetically pleasing design.
28. The recommendations in the Geotech report shall be followed, including providing
additional specific Geotech reports related to buildings and other site improvements for the
subject property, which are to be reviewed and accepted by the City of Kalispell prior to
construction.
29. 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.
30. 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.
31. 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
32. 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.
33. 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 and alleys 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.
34. 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.
35. 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.
36. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase 1, and the plan shall show that the parkland dedication requirement is
met for each phase.
37. 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.
38. 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.
39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
40. 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.
41. 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 18TH DAY OF OCTOBER, 2021.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT "A"
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE EAST HALF OF SECTION
35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY,
MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the northeast corner of the Northeast Quarter of the Southeast Quarter of
Section 35, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, which is a
found aluminum cap on the centerline of a 60 foot declared county road known as Stillwater
Road; Thence along the east boundary of said NE1/4SE1/4 and along said centerline
S00°11'45"E 232.28 feet; Thence leaving said boundary and said centerline S89057' 16"W
265.61 feet; Thence S00002'44"E 130.00 feet; Thence S89057' 16"W 957.06 feet; Thence
S00002'44'E 25.00 feet; Thence S89057' 16"W 99.95 feet; Thence N00°13'50"W 405.00 feet;
Thence S89057' 16"W 586.74 feet; Thence N00002'44"W 1073.39 feet; Thence N89046'56"E
1910.07 feet to the east boundary of the Northeast Quarter of said Section 35 and the centerline
of said Stillwater Road; Thence along said boundary and said centerline S00002'44"E 1096.85
feet to the point of beginning and containing 58.000 ACRES; Subject to and together with all
appurtenant easements of record.
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
SEPTEMBER 14, 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 (zoom), Joshua
Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. PJ
Sorensen and Jarod Nygren represented the Kalispell Planning
Department.
APPROVAL OF MINUTES
Skees moved and Vomfell seconded a motion to approve the minutes of
the August 10, 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.
BOARD MEMBER SEATED
Rory Young recused himself.
KA-21-04/KPUD-21-03/KPP-21-07
A request from G23 Properties, LLC for the Parkland Meadows Planned
PARKLAND MEADOWS
Unit Development ("PUD"), which is a Residential Mixed Use PUD
overlay on approximately 38.4 acres of land at the northeast corner of
Airport Road and Cemetery Road. The proposal includes annexation of
the property, initial zoning of RA-1 (Residential Apartment) on
approximately 31.1 acres, and initial zoning of B-1 (Neighborhood
Business) on approximately 7.1 acres, as well as major preliminary plat
approval for the development.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KA-21-04, #KPUD-21-03 and #KPP-21-07.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-21-04 as findings of fact and
recommend to the Kalispell City Council that the property be annexed
and the zoning for the property be approved as detailed herein, with
approximately 31.1 acres to be zoned RA-1 (Residential Apartment),
and approximately 7.1 acres that will be zoned B-1 (Neighborhood
Business), with a PUD overlay on the entire property.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPUD-21-03 as findings of fact and
recommend to the Kalispell City Council that the PUD for Parkland
Meadows be approved subject to the conditions listed in the staff report.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KPP-21-07 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat for
Parkland Meadows be approved subject to the conditions listed in the
staff report.
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Pagel
Sorensen noted that there is a typo in Condition #1 and that staff is
proposing an amendment be made to change it to read:
The Planned Unit Development for Parkland Meadows allows the
following deviation from the Zoning Regulations:
(1) Minimum lot size: Sec 27.09.040(1) — Minimum lot size
per unit as shown on the submitted plans.
BOARD DISCUSSION
None.
PUBLIC HEARING
Karissa Prewitt — 387 Cemetery Rd. — Concerned with impacts on her
hay field and livestock as well as the increased traffic on Cemetery Rd.
Jason Prewitt — 387 Cemetery Rd. — Asked about any proposed
boundary wall to separate his property from the subdivision.
Tim Wise — 2097 Airport Rd. — Concerned with proposed density,
increased traffic and additional noise and the impacts on his farm. He is
also concerned with the fly zone for the airport and feels the subdivision
should be a no -fly zone.
Toby McIntosh — 2250 Hwy 93 South — Jackola Engineering —
representative for applicant, offered to answer any questions.
MOTION — KA-21-04
Vomfell moved and Kauffman seconded a motion that the Kalispell City
ANNEXATION
Planning Board and Zoning Commission adopt amended Staff Report
#KA-21-04 as findings of fact and recommend to the Kalispell City
Council that the property be annexed and the zoning for the property be
approved as detailed herein, with approximately 31.1 acres to be zoned
RA -I (Residential Apartment), and approximately 7.1 acres that will be
zoned B-I (Neighborhood Business), with a PUD overlay on the entire
property.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPUD-21-03
Kauffinan moved and Vomfell seconded a motion that the Kalispell City
PLANNED UNIT DEVELOPMENT
Planning Board and Zoning Commission adopt amended Staff Report
#KPUD-21-03 as findings of fact and recommend to the Kalispell City
Council that the PUD for Parkland Meadows be approved subject to the
proposed conditions, as amended, listed in the staff report.
BOARD DISCUSSION
Graham inquired about the no -fly zone concerns mentioned during
public comment. He asked staff to speak to how the review process
works. Sorensen noted that when it comes to the airport there is
something referred to as the airport affected area that is tied into the city
zoning ordinance and is based off the FAA model ordinance. This is
used to review the fly zone and if changes need to be made.
Board discussed other public concerns regarding Cemetery Rd,
increased traffic, proposed screening of subdivision from neighboring
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Page 12
properties.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPP-21-07
Vomfell moved and Kauffinan seconded a motion that the Kalispell City
PRELIMINARY PLAT
Planning Board and Zoning Commission adopt amended staff report
#KPP-21-07 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat for Parkland Meadows be approved
subject to the proposed conditions, as amended, listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RE -SEATED
Rory Young re -seated.
KZC-21-0I/KPUD-21-02/KPP-21-06
A request from Kilday & Stratton for the Starling Phases 1-8 Planned
STARLING PHASES 1-8
Unit Development ("PUD"), which is a Residential Mixed Use PUD
overlay on approximately 58.0 acres of land on the west side of
Stillwater Road to the west of Timberwolf Parkway. The property was
previously annexed with an R-3 (Residential) underlying zone and has
an expired PUD overlay over the full section of land. This proposal
would rezone the 58.0 acres to RA-1 (Residential Apartment) with a new
PUD overlay for the subject property. The proposal includes a proposed
preliminary plat for Phases 1-3 of the project, which encompasses 20.84
acres of land.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KZC-21-01, #KPUD-21-02 and #KPP-21-06.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KZC-21-01 as findings of fact and
recommend to the Kalispell City Council that the zoning for the entire
58.0 acres of the property be changed from R-3 (Residential) to RA-1
(Residential Apartment), with a PUD overlay.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPUD-21-02 as findings of fact and
recommend to the Kalispell City Council that the PUD for Starling
Phases 1-8 be approved subject to the conditions listed in the staff
report.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KPP-21-06 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat for
Starling Phases 1-3 be approved subject to the conditions listed in the
staff report.
BOARD DISCUSSION
Board discussed subdivision access, sidewalk along Stillwater Rd and lot
sizes.
PUBLIC HEARING
Greg Stratton — 2880 Technology Blvd West — Applicant for project,
offered to answer questions for the board.
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Page13
MOTION — KZC-21-01
Kauffman moved and Borgardt seconded a motion that the Kalispell City
ZONE CHANGE
Planning Board and Zoning Commission adopt Staff Report #KZC-21-
01 as findings of fact and recommend to the Kalispell City Council that
the zoning for the entire 58.0 acres of the property be changed from R-3
(Residential) to RA-1 (Residential Apartment), with a PUD overlay.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPUD-21-02
Skees moved and Borgardt seconded a motion that the Kalispell City
PLANNED UNIT DEVELOPMENT
Planning Board and Zoning Commission adopt Staff Report #KPUD-21-
02 as findings of fact and recommend to the Kalispell City Council that
the PUD for Starling Phases 1-8 be approved subject to the conditions
listed in the staff report.
BOARD DISCUSSION
Graham noted for the public that the reason there is not always a lot of
discussion on these large PUD's is because most discussion is done at
the Work Session.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPP-21-06
Vomfell moved and Kauffman seconded a motion that the Kalispell City
PRELIMINARY PLAT
Planning Board and Zoning Commission adopt staff report #KPP-21-06
as findings of fact and recommend to the Kalispell City Council that the
preliminary plat for Starling Phases 1-3 be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
KZTA-21-03 — MARIJUANA
A request from the City of Kalispell for a zoning text amendment
DISPENSARIES
specifying appropriate zones, criteria and definitions for marijuana
dispensaries, cultivation, and processing. The text amendment is
necessary to address recent changes in state law which will become
effective at the end of the year. The proposal would add new use
categories for marijuana dispensaries, marijuana cultivation, and
marijuana manufacturing, along with related definitions.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KZTA-21-03.
Staff recommends that the Kalispell City Planning Board adopt the
findings in staff report KZTA-21-03 and recommend to the Kalispell
City Council that the proposed amendment be adopted as provided
herein.
BOARD DISCUSSION
Board discussed parking requirements as well as use requirements.
Skees noted for the public that this item has been through numerous
work sessions.
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Page 14
PUBLIC HEARING
None.
MOTION
Kauffman moved and Borgardt seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt the findings in staff
report KZTA-21-03 and recommend to the Kalispell City Council that
the proposed amendment be adopted as provided herein.
BOARD DISCUSSION
Vomfell noted that he believes that restrictions on dispensaries should be
no different than liquor stores, and does not support the administrative
CUP or additional buffering requirements.
ROLL CALL
Motion passed 6-1 on a roll call vote (Vomfell voted against).
OLD BUSINESS
Staff updated board on recent City Council approvals.
NEW BUSINESS
Staff updated board on the October 12t1i Planning Board Agenda.
ADJOURNMENT
The meeting adjourned at approximately 7:37pm.
Chad Graham
President
APPROVED as submitted/amended:
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Page 15
STARLING PHASES 1-8 PUD
ZONE CHANGE - STAFF REPORT #KZC-21-01
PLANNED UNIT DEVELOPMENT - STAFF REPORT #KPUD-21-02
MAJOR SUBDIVISION - STAFF REPORT #KPP-21-06
KALISPELL PLANNING DEPARTMENT
SEPTEMBER 8, 2021
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from Kilday & Stratton for a zone change, a Planned Unit Development (PUD) overlay, and
major preliminary plat (for Phases 1-3 out of eight) on approximately 58.0 acres. A public
hearing has been scheduled before the Planning Board for September 14, 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
Kilday & Stratton has submitted an application for the Starling Phases 1-8 Planned Unit
Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 58.0
acres of land on the west side of Stillwater Road to the west of Timberwolf Parkway. The
property was previously annexed with an R-3 (Residential) underlying zone and has an expired
PUD overlay over the full section of land. This proposal would rezone the 58.0 acres to RA-1
(Residential Apartment) with a new PUD overlay for the subject property. The proposal
includes a proposed preliminary plat for Phases 1-3 of the project, which encompasses 20.84
acres of land. Phases 1 and 2 contain approximately 14.9 acres and include 77 residential lots
and sublots (37 single-family and 40 townhome lots). Phase 3 is a single lot plus common area
totaling approximately 5.9 acres (2.75 acres of developable area and 3.18 acres of common area)
with proposed uses potentially including up to 35 multi -family dwelling units, a combination of
live/work units and office space, or small-scale neighborhood retail.
A: Applicant: Kilday & Stratton
2880 Technology Blvd West
Kalispell, MT 59901
B:
.er Road between Four Mile
Drive and West Reserve
Drive. It can be
described as a portion of
Assessor's Tracts 4A and
6, located in the East half
of Section 35, Township
29 North, Range 22
West, P.M.M., Flathead
County, Montana.
1
C: Existing Land Use and Zoning: The subject property is currently vacant, but has a
history of agricultural use as farmland. The current zoning for the property is city R-3
(Residential) with a PUD placeholder overlay. The full section of land was annexed in
2007 with a PUD overlay with provided for approximately 3000 residential units and
mixed commercial use. The PUD was not developed and has since expired, which puts a
placeholder designation on the property. That designation means that no development
can occur on the property without a new PUD. Recently, in August 2020, there was
another mixed -use development approved to the south of this project at the intersection of
Four Mile and Stillwater Road that was also part of the original PUD.
AL Kalispell Zoning Exhibit -July 12th, 2021
NORTH Starlin - Section 35 Tracts 4A & 6
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D. Size:
The subject property is
approximately 58.0 acres (proposed
PUD is only a portion of the overall
subject property).
E: Adjacent Zoning:
North:
R-3/PUD
East:
County AG-80; City
R-5/PUD and R-4/PUD
South:
R-3/PUD; RA-1/PUD
West:
R-3/PUD
F: Adjacent Land Uses:
North: Vacant farmland
East: Glacier High School;
office; vacant land
South: Vacant farmland; multi-
family and single family
residential
West: Vacant farmland
2
G. Proposed Zoning: The proposed zoning of the property is RA-1 (Residential Apartment)
for the full 58.0 acres of the development along with a PUD overlay.
H: General Land Use Character: The subject property is on the west side of Stillwater
Road between Reserve and Four Mile Drive. It is in a transitional area between high -
density residential development, office, and commercial use to the east, and rural
agricultural/large tract single-family homes to the west. The predominant use in the area
is Glacier High School to the northeast of the property. A new multi -family project is
under construction to the south.
Kalispell Growth Policy Exhibit- July 12th, 2021
N RTH Starling
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Date: Jury 12ut, 21121
Kalispell Development Services
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KALISPELL
L• Relation to the Growth
Policy: The Kalispell Growth Policy
Future Land Use Map designates the
subject property as Urban Residential.
The proposed RA -I zone is supported
by that designation. 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.
Chapter 4B on Business and Industry
provides for neighborhood commercial
areas designed to address the daily
needs of the immediate neighborhood.
While the proposal does not include
any commercial zoning, it does
include a potential mixed -use area.
City services including sewer, water
and streets are in the vicinity and
available to the subject property.
3
J: Availability of Public Services and Extension of Services: Water and sewer services are
available to the property. Water service is located within Stillwater Road and the Westside
Interceptor was extended through the property providing access to sewer service.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone: CenturyTel
Schools: School District 91 (West Valley)/Glacier High School
Fire: City of Kalispell
Police: City of Kalispell
SUBJECT
PROPERTY
L Zone Change Evaluation Based on Statutory Criteria
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of
fact for the zone change request are discussed relative to the itemized criteria described by 76-2-
304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned city
R-3 (Residential) with a placeholder PUD overlay. The proposed zoning of the property is RA-1
(Residential Apartment) with a PUD overlay. The RA-1 area would consist of approximately
58.0 acres. The RA-1 zone is "a residential district intended to provide for urban areas for
multi -family use and compatible non-residential uses of medium land use intensity. It should be
4
served with all public utilities and be in close proximity to municipal services, parks or shopping
districts. This zoning district would typically be found in areas designated as urban residential or
high density residential on the Kalispell Growth Policy Future Land Use Map."
1. Does the requested zone comply with the growth policy?
The Kalispell Growth Policy Future Land Use Map designates the subject property as
Urban Residential. The proposed RA-1 zone is supported by that designation. 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. Chapter 4B on Business and Industry provides for neighborhood commercial
areas designed to address the daily needs of the immediate neighborhood. While the
proposal does not include any commercial zoning, it does include a potential mixed -use
area. City services including sewer, water and streets are in the vicinity and available to the
subject property.
2. Will the requested zone have an effect on motorized and non -motorized transportation
systems?
Abelin Traffic Services prepared a traffic impact study in August 2021 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 approaches onto Stillwater Road, as well as nearby intersections. The
study concluded that Starling "will increase traffic volumes on the surrounding road
network but will not require any special roadway improvement to create additional
capacity. . .. The developers should consider creating a crosswalk at the Timberwolf
Parkway intersection to provide access to Glacier High School from the development
site. This crosswalk should include overhead lighting for night-time visibility." Those
recommendations should be implemented. It should be noted that per the city Standards
for Design and Construction, the development shall maintain or improve the existing
level of service for the affected roadways rather than simply maintaining an acceptable
level of service. Any improvements necessary to maintain the existing level of service
will be required.
The traffic study also addressed the potential need for a roundabout at the intersection of
Timberwolf Parkway and Stillwater Road. The roundabout is included in the currently
proposed transportation plan. Per the study, the roundabout is not required at this time
and future development patterns may indicate that the intersection with Wolfpack Way
might eventually be a better location. Nevertheless, further development on both sides of
Stillwater likely means a roundabout will be necessary at some point and providing for its
location at the intersection of Timberwolf Parkway with dedication of right-of-way for a
future improvement is appropriate. The proposed plat shows the right-of-way dedication.
There should also be a waiver of protest of an SID for the roundabout construction that
would apply to any lots within the development. There are recommended conditions of
approval which address those issues.
5
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an emergency.
There are no features related to the property which would compromise the safety of the
public. All municipal services including police, fire protection, water and sewer service are
currently available to the area.
4. Will the requested zone promote the public health, safe . and general welfare?
As with safety from fire and other dangers, the general health, safety, and welfare of the
public will be promoted through general city regulations designed to regulate allowable
uses when the property is developed. In this case, the requested zoning classifications of
RA-1, particularly in conjunction with the PUD overlay, will promote the health and
general welfare by restricting land uses to those that would be compatible with the
adjoining properties and those in the vicinity.
5. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for development occurring on this site are
established in the Kalispell Zoning Ordinance and PUD to ensure adequate light and air is
provided.
6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
All public services and facilities are available to the property. Specific details for provision
of services are addressed as part of the PUD and preliminary plat
7. Will the requested zone promote compatible urban growth?
The subject property is on the west side of Stillwater Road between Reserve and Four
Mile Drive. It is in a transitional area between high -density residential development,
office, and commercial use to the east, and rural agricultural/large tract single-family
homes to the west. The predominant use in the area is Glacier High School to the
northeast of the property. A new multi -family project is under construction to the south.
The development trend in the area is towards a mix of single-family, multi -family, and
commercial/office uses. It is expected that additional development will occur in the
vicinity that would continue that trend and this zone would fit within that type of
development.
8. Does the requested zone give consideration to the character of the district and its particular
suitabili . for particular uses?
The proposed RA-1 zoning districts is consistent with the development trends of the area. It
also gives due consideration of the suitability of this property for the allowed uses in the
zoning district, such as proximity of city services.
6
9. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the RA-1 zone will promote
compatible and like uses on this property as are likely to develop on other properties in the
area. Future development in the area will be reviewed for compliance with the dimensional
standards and design review criteria to ensure its appropriateness for the area and
compatibility with the surrounding neighborhoods as they develop.
10. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
Urban scale development should be encouraged in areas where services and facilities are
available. In this case, sanitary sewer exists on the site and water is adjacent to the
property. The proposed zoning is consistent with the proposed growth policy future land
use designation and is compatible with current zoning in the immediate area.
IL 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 Starling Phases 1-8 PUD would provide a layout of 58.0-acres, providing a mixture of
single-family, townhome, and potential neighborhood commercial development. The PUD will
be a residential mixed -use PUD and function in concert with the proposed RA -I underlying
zones.
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STARLING PHASES 1-8
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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 Urban Residential land use category. The
proposed RA-1 zoning district fits within that designation. The Kalispell Zoning Ordinance states
that the RA-1 Zoning District would typically be found in areas designated as urban residential or
high density residential (Sec 27.09.010).
The Kalispell Growth Policy Plan -IT 2035 and the zoning would contemplate urban residential
neighborhoods at densities of up to twelve dwelling units per gross acre. The overall density
within the RA-1 residential area of the PUD would be about 4.6 units per acre based on 269 total
units. The Kalispell Growth Policy Future Land Use Map designations are consistent with the
proposed zoning and PUD.
The Kalispell Growth Policy Plan -It 2035 also includes the following policies:
8
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.
Chapter 4, Land Use Business and Industry (la): Establish neighborhood commercial
areas designed to provide convenient goods and services that address the daily needs of
the immediate neighborhood.
Chapter 4 Business and Industry (Urban Mixed -Use areas, 4b) - A complete system of
pedestrian and bike paths is important in mixed use areas.
The proposal calls for a primarily single-family and townhome development with some multi-
family, as well as a potential mix of neighborhood scale commercial uses on 58.0 acres. There
are bike and pedestrian paths that would extend throughout the development and along the
Stillwater Road frontages which connect to the greater community.
The requested PUD can be found to comply with the Urban Residential, High Density
Residential and Neighborhood Commercial land use designations, as well as policies found
within the Housing and Business and Industry sections 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.
(1) Use: Sections 27.09.010 and 27.09.030 — The applicants requested a deviation related to
use. Under the zoning ordinance, any permitted or conditionally permitted use is
considered a permitted use within the PUD. Any conditionally permitted use with
specified conditions under the ordinance must still meet those standard conditions (for
multi -family, there are conditions for recreational amenities and pedestrian connectivity).
In that sense, the requested deviations for townhome configurations of three or more
units, multi -family dwellings (i.e. 35 units in Phase 3), and accessory dwelling units
("ADUs") are not required.
It is still necessary to specify that Phase 3 of the development includes potential
live/work units, office space, and small-scale neighborhood retail. In order to
accommodate those uses, a deviation allowing for B-1 permitted uses in addition to all
RA-1 uses on the Phase 3 lot is necessary. As a mixed -use PUD, B-1 types of uses fit
9
within the intent of the overlay and furthers the growth policy goal of providing
neighborhood scale commercial in areas that serve the surrounding residences.
Additionally, the proposal includes certain parameters for allowed ADUs, including
specified lots in Phase 2 (Lots 17, 24, 25, 32, 33, and 40), a requirement that any lot with
an ADU be a minimum width of 50 feet with a minimum depth of 100 feet, that they
meet the setbacks for principal structures, and that the parking for the ADU would be one
additional parking space. The proposal would allow the ADU to be attached or detached
from the principal structure. ADUs were recently approved in duplex zones throughout
the city, including the RA-1. The primary differences between the general standard and
the proposed deviation are the reduction to one parking space instead of two and that the
general zoning definition is a detached structure. Generally speaking, an ADU is a
smaller dwelling unit that tends to have fewer residents than a typical single-family
home, which has a parking requirement of two. Given the limitation of the number of
ADUs (six within Phase 2), the reduction would have a limited impact, if any, on the
surrounding neighborhood.
The deviation request relating to use as it pertains to the use of the Phase 3 lot and ADUs
is appropriate.
(2) Lot Area: Section 27.09.040(1) — Lot sizes throughout the development are less than the
6000 square foot minimum lot size. Phases 1-3 lots range from 4000 square feet to 6000
square feet. Townhome sublots in those phases range from 1263 to 4792 square feet
(minimum lot size for townhomes is based on the parent lot and would typically average
at least 3000 square feet). The smaller lot sizes are a reflection of the overall design of
the project, which utilizes open space in conjunction with areas of higher density within
the project. The overall density within the development (4.6 units per acre) would be
within the allowable density as an RA-1 PUD (20 units per acre) and the growth policy
(12 units per acre). The deviation request is appropriate.
(3) Lot Width: Section 27.09.040(2) — Single-family lots in the development are as narrow
as 40 feet. Sublots are as narrow as 14 feet wide. As with lot area, the narrower widths
are a reflection of the overall design and the lots fit within the allowable density. The
narrower lots place a premium on taking steps to minimize the impact on the streetscape
in terms of guest parking, snow storage, etc. The majority of lots are served by an alley.
The proposal would require any lot with an alley to access the home from the alley rather
than from the street. That requirement provides more on -street parking and snow storage
capacity, and maintains the streetscape for a better pedestrian environment. Additionally,
several of the common areas adjacent to alleys with smaller sublots also include shared
parking off of the alley. Provided that the impacts of the lot widths are mitigated through
alley access, the deviation request is appropriate.
(4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the front, 5
feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to the garage
from a street right-of-way. The measurements are from the property line to the furthest
extent of the building, typically the eave or a deck. The application requests 5 feet on the
10
side to the building face with allowable encroachments up to 2 feet into the setback. For
consistency with city regulations, the side setback should be 3 feet to the furthest
extension. Again, this request is a result of the smaller lot size/width tied to the overall
design and the deviation request (3 feet to the furthest extension of the building to the
property line) is appropriate.
(5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the RA-1
zone is 45%; the applicant has requested a deviation to 60%. Lot coverage includes all
structures on the property (exempting 2 feet of eaves and open decks under 30 inches in
height). It does not include driveways, concrete patios, or sidewalks. The smaller lot
sizes in the development leads to a need for more lot coverage to build homes with
typical dimensions. Since the overall density is compliant, this deviation is more about
clustering homes on smaller individual lots (where lot coverage would apply) while
maintaining overall open space and the deviation request is appropriate.
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) Road Sections: Section 28.3.14 — Per the application, there are three road sections that
"T F vary from the typical
W:-.......... W:::::.
sections contained in
_ _ _ L• _ _ _ _ _ _ __,_ _ the Kalispell
- H-LT Standards for Design
ELE 7E - E E and Construction.
ALLEY TYPICAL SECTION One is the urban
collector, which is
typically a 60 foot
wide right-of-way.
' HT F The proposal is for 80
feet providing for 16-
--,`--- foot -wide landscape
H-LT boulevards rather than
HE - E ELE T - E
the standard 6 foot.
-
ALLEY 30' ROW SECTION The other two sections
are a wider alley and a
woonerf. The 30-foot
alleys are in Phases 1 and 3 parallel to Stillwater Road and include a 16-foot-wide
pavement section. The city standard is a 20-foot alley and a 12-foot paved section. The
wider cross section provides better access for the lots served by the alley. The woonerf
section is a 32-foot right-of-way. It has a 17-foot-wide pavement section, sidewalk on
one side, and parking/green spaces on the other side. All alleys and woonerfs are to be
open to the public, but privately owned and maintained.
11
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WOONERF TYPICAL SECTION
The wider collector allows for an elevated design with a substantial increase in
landscaped area and is an appropriate deviation. The wider alley also provides an
elevated design, although that is in large part due to the fact that it provides the only
access to the lots on the eastern side of the alley, which is addressed in more detail below.
In terms of the road section itself, the deviation is appropriate. The woonerf design is an
increasingly popular alternative that is intended to provide a community feel within the
woonerf area by facing the homes towards a common landscaped courtyard. The intial
phases do not include a woonerf, the PUD plans show a potential location in Phase 6. As
a component within the overall development, the woonerf provides an alternative housing
option and the deviation request is appropriate.
(2) House Orientation: Section 28.3.14(F)(1) — Lots along streets such as Stillwater Road are
supposed to be oriented inward with the rear towards the street. The purpose is for access
to the lot to come from within the subdivision rather than from the arterial. In this case,
while the front of the house is oriented towards Stillwater Road, there will not be any
individual access to Stillwater with access coming from the 30-foot alley serving the lots.
In addition, with the water services coming off of the main within Stillwater, Public
Works requirements state that the house would need to face in that direction. As such,
this deviation request is appropriate.
(3) Alley as Primary Access: Section 28.3.11(B) and (C) — Under both the subdivision
regulations and the zoning regulations (Section 27.20.140), an alley should normally not
serve as the primary access to a lot. The homes along Stillwater Road would only be
accessed from the alley. In this situation, the purpose of the elevated alley design is to
provide better access to the lots it serves. The design includes a landscape buffer along
Stillwater Road and landscaped common area between each set of attached townhomes,
with shared overflow parking off of the alley. The elevated design aspects mitigate the
issues related to the access and the deviation request is appropriate.
12
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 PUD is planned as a community that includes primarily single-family/townhouse uses,
mixed with multi -family and neighborhood scale commercial. The project shifts density within
the development to allow for areas of parks and open space. The higher density areas are closer
to the existing arterial road on the east side of the project and lessens moving to the west. In
addition to sidewalks, there are interconnecting trails running through common open space. The
overall design includes a mix of traditional and innovative street designs intended to create a
better feeling of community for the residents.
The submitted plan does not indicate that fencing will be included as part of the project.
However, if any fencing is to be constructed as part of the development along Stillwater Road, it
will need to comply with height and location zoning standards and should be a consistent design
throughout the development. Any fencing will be required to be reviewed and approved by the
city Architectural Review Committee, which shall ensure a consistency of colors and materials to
be used to present an aesthetically pleasing design.
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;
The plan includes two homeowners' parks, one being 3.1 acres in size and the other 2.8 acres in
size, in addition to common areas with walking paths. Subdivision regulations require a
minimum of 0.03 acres of parkland per dwelling unit, or 7.02 acres for the single-
family/townhome lots (or the equivalent value in land with improvements). Each phase will be
required to provide at least the minimum amount of parkland to support that phase. The parks
will include amenities that will be determined during the course of the detailed subdivision
design review, but it is anticipated that the linear parks will include seating/picnic areas, and the
parks may include raised berms for sledding/tumbling, play fields, trees, a community garden,
and a pavilion. With multi -family developments, the zoning ordinance requires recreational
amenities equal to 500 square feet of land or the equivalent value in amenities that will need to
be provided in conjunction with the development of any multi -family project. The proposal
includes covenants and a management plan providing for maintenance of the shared facilities.
13
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. The developer will
tie into an existing water main extension that cans within Stillwater Road and extend the main
through the development. Per the water facility plan update, it appears that the main extension
from Timberwolf Parkway will need to be a 12-inch main. 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 under the Standards for Design and Construction. There is
adequate capacity within the city's water system to accommodate this subdivision.
Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The developer will tie
into the existing Westside Interceptor that goes through the property and extend sewer mains
through the development. 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 under
the Standards for Design and Construction. There is adequate capacity within the city's sewer
system to accommodate this subdivision.
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Solid Waste: Solid waste collection can be provided throughout the subdivision by the City of
Kalispell. Specific designs of the garbage enclosures and collection areas for the multi-
family/commercial area will be reviewed in conjunction with the building permit and site review
process for the buildings.
Access and Roads: There are two street accesses proposed connecting to Stillwater Road. One
is across from Timberwolf Parkway and will be an 80-foot collector street. The proposed
transportation plan calls for a roundabout at that intersection. It does not appear to be currently
warranted, although it likely eventually will be as further development occurs. Right-of-way
should be dedicated to provide sufficient area for the roundabout when warranted. The second
access is to the south of Timberwolf and would be a local street. No individual accesses to
Stillwater Road would be allowed.
The development's frontage on Stillwater Road will need to be improved in accordance with
City Design and Construction Standards to a Minor Arterial standard including, but not limited
to, bike/pedestrian path, curb/gutter, and landscape boulevard. The minor arterial classification
is specified in the recently adopted Transportation Plan. Improvements may include widening
the road surface if necessary to meet those standards. A dedication of an additional ten feet of
right-of-way will be required to provide the required width for a minor arterial.
Internal streets would include streets built to local/collector design standards pursuant to the
Standards for Design and Construction including, but not limited to, sidewalks, landscape
boulevard, street lights, and curb/gutter. Provisions for possible connections to adjoining
properties are included in the design, although one to two additional connections need to be
made to the north from Phase 5. Temporary turnarounds may be required as part of the final
design until such time as a connection is made. Alleys are also included within the plan (both 20
foot wide and 30 foot wide) and will be maintained as private alleys. The 30-foot alley in Phase
2 will require a temporary turnaround until it can be extended. The design of the 30-foot wide
alleys, as well as the woonerf design in certain areas of the development, are part of the design
requirement deviations discussed in this report. As a note, the collector street name will need to
be Timberwolf Parkway rather than Dairyland Drive pursuant to city regulations that require
extensions of roads to continue the existing street name.
Control over vehicular traffic: Abelin Traffic Services prepared a traffic impact study in August
2021 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 approaches onto Stillwater Road, as well as nearby
intersections.
The study concluded that Starling "will increase traffic volumes on the surrounding road network
but will not require any special roadway improvement to create additional capacity.... The
developers should consider creating a crosswalk at the Timberwolf Parkway intersection to
provide access to Glacier High School from the development site. This crosswalk should include
overhead lighting for night-time visibility." Those recommendations should be implemented,
particularly given the estimated 42 students that would attend Glacier High School from the
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neighborhood. It should be noted that per the city Standards for Design and Construction, the
development shall maintain or improve the existing level of service for the affected roadways
rather than simply maintaining an acceptable level of service. Any improvements necessary to
maintain the existing level of service will be required.
The traffic study also addressed the potential need for a roundabout at the intersection of
Timberwolf Parkway and Stillwater Road. The roundabout is included in the currently proposed
transportation plan. Per the study, the roundabout is not required at this time and future
development patterns may indicate that the intersection with Wolfpack Way might eventually be
a better location. Nevertheless, further development on both sides of Stillwater likely means a
roundabout will be necessary at some point and providing for its location at the intersection of
Timberwolf Parkway with dedication of right-of-way for a future improvement is appropriate.
The proposed plat shows the right-of-way dedication. There should also be a waiver of protest
of an SID for the roundabout construction that would apply to any lots within the development.
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 to be reviewed and approved by the city
Architectural Review Committee. 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. 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 91 (West Valley) and Glacier
High School. On average, it would be anticipated that there would be about 135 students (K-12)
from Phases 1-8 at full build -out. Section 76-3-608(1) 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 and
site review for the multi-family/neighborhood commercial area, fire protection, including fire
flow and hydrant location, will be reviewed. Fire station 62 is located approximately 0.9 miles
away providing good response time.
Parks: The plan includes two homeowners' parks, one being 3.1 acres in size and the other 2.8
acres in size, in addition to common areas with walking paths. Subdivision regulations require
a minimum of 0.03 acres of parkland per dwelling unit, or 7.02 acres for the single-
family/townhome lots (or the equivalent value in land with improvements). Each phase will be
16
required to provide at least the minimum amount of parkland to support that phase. The parks
will include amenities that will be determined during the course of the detailed subdivision
design review, but it is anticipated that the linear parks will include seating/picnic areas, and the
parks may include raised berms for sledding/tumbling, play fields, trees, a community garden,
and a pavilion. With multi -family developments, the zoning ordinance requires recreational
amenities equal to 500 square feet of land or the equivalent value in amenities that will need to
be provided in conjunction with the development of any multi -family project. The proposal
includes covenants and a management plan providing for maintenance of the shared facilities.
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 located within Section 35. The entire section of land was included within
an approved PUD called Starling in 2007. It included approximately 3000 lots. This prior PUD
encompassed land to the north, south, and west. While various factors paused the development,
it is now moving forward in a similar, but somewhat different format. Recently, the southeastern
corner of the section was approved for a residential mixed -use PUD with single-family and
multi -family uses. The property to the east is Section 36, which is DNRC School Trust land that
has been developed and is continuing to be developed with commercial, office, and residential
uses, plus Glacier High School. The surrounding area has infrastructure and supporting uses that
would function well with the proposed development.
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;
The plan includes eight phases of development, with the first three phases part of the initial
preliminary plat. It is possible that all of the initial three phases may develop at the same time.
The developer will need to submit for preliminary plat review prior to developing Phases 4-8.
Section 27.19.020(10) of the zoning ordinance outlines procedures for abandonment/expiration
to be followed if 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.
L Conformity with all applicable provisions of this chapter.
Section 27.19.030(4) of the zoning ordinance allows for Residential Mixed -Use PUDs in RA-1
zones with a minimum of 5 developable acres, with the commercial component not to exceed
35% of the developable area. Density should not exceed 20 dwelling units per acre. The
development contains 58 acres. Phase 3, which is the only area commercial would be allowed, is
2.749 acres (not including park area), or about 4.7%. Density in the residential area is about 4.6
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units per acre. The proposal meets those requirements. Under that section, the predominant land
use character of the PUD must be residential. Commercial uses should primarily be sized and
located to address the needs of the immediate neighborhood, and incompatible commercial uses
are not permitted. The limited area restricted to B-1 permitted uses is consistent with that
requirement.
No other specific deviations from the Kalispell Zoning Ordinance or Subdivision Regulations
can be identified based upon the information submitted with the application other than those
addressed in this report.
III. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT
��. STARLING PHASES 1-3
_ r '
_ _
�I, I
The preliminary plat submitted with the application includes only a portion of the property
within the PUD — 20.84 acres out of the 58.0 acres overall.
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 does 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.
18
Access: The access to the development will be from two street connections from
Stillwater Road. Access and roads are discussed in more detail in part D below relative
to effects on local services.
Geology: The overall site is generally flat without any major topographical or geological
features limiting development. A Geotech report was prepared in 2007 by CMG
Engineering covering the entire section and found no significant issues for development.
It also determined that groundwater was more than ten feet below the surface based on
the testing done at that time. However, it does contain recommendations which should be
followed in the course of construction, including additional specific Geotech reports
related to buildings and other site improvements. A cover letter from Slopeside
Engineering dated September 7, 2021, confirmed that the original Geotech report "can be
relied upon for site assessment and planning purposes. However, the original report
covered the entire Section and additional detailed study pertaining to the subject property
is necessary prior to proceeding with detailed engineering design and construction.
B. Effects on Wildlife and Wildlife Habitat:
There are no water features on or adjacent to the property which would provide aquatic
and riparian habitat. There also does not appear to be any significant wildlife impacts.
The Resources and Analysis Section of the Kalispell Growth Policy includes information
from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose
habitat. 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.
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. Per the Geotech report, the
static groundwater is at least 10 feet below the surface.
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 to be reviewed and
approved by the city Architectural Review Committee. 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.
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. In order to help
ensure the continued maintenance of the storm water facilities, 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
19
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.
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.
D. Effects on Local Services:
Water: Water to the subdivision will be provided by the City of Kalispell. The developer
will tie into an existing water main extension that runs within Stillwater Road and extend
the main through the development. Per the water facility plan update, it appears that the
main extension from Timberwolf Parkway will need to be a 12-inch main. 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 under the Standards for Design
and Construction. There is adequate capacity within the city's water system to
accommodate this subdivision. Proportionate water rights shall be dedicated to the City
of Kalispell per Section 28.3.08 of the subdivision regulations.
Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The
developer will tie into the existing Westside Interceptor that goes through the property
and extend sewer mains through the development. 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 under the Standards for Design and Construction. There
is adequate capacity within the city's sewer system to accommodate this subdivision.
Access and Roads: There are two street accesses proposed connecting to Stillwater Road.
One is across from Timberwolf Parkway and will be an 80-foot collector street. The
proposed transportation plan calls for a roundabout at that intersection. It does not appear
to be currently warranted, although it likely eventually will be as further development
occurs. Right-of-way should be dedicated to provide sufficient area for the roundabout
when warranted and there is a recommended condition to that effect. The second access
is to the south of Timberwolf and would be a local street. No individual accesses to
Stillwater Road would be allowed.
The development's frontage on Stillwater Road will need to be improved in accordance
with City Design and Construction Standards to a Minor Arterial standard including, but
not limited to, bike/pedestrian path, curb/gutter, and landscape boulevard. The minor
arterial classification is specified in the Transportation Plan update scheduled to be
adopted on September 7. Improvements may include widening the road surface if
necessary to meet those standards. A dedication of an additional ten feet of right-of-way
will be required to provide the required width for a minor arterial.
Internal streets would include streets built to local/collector design standards pursuant to
the Standards for Design and Construction including, but not limited to, sidewalks,
20
landscape boulevard, street lights, and curb/gutter. Provisions for possible connections to
adjoining properties are included in the design, although one to two additional
connections need to be made to the north from Phase 5. Temporary turnarounds may be
required as part of the final design until such time as a connection is made. Alleys are
also included within the plan (both 20 feet wide and 30 feet wide) and will be maintained
as private alleys. The 30-foot alley in Phase 2 will require a temporary turnaround until it
can be extended. The design of the 30-foot wide alleys, as well as the woonerf design in
certain areas of the development, are part of the design requirement deviations discussed
in this report. As a note, the collector street name will need to be Timberwolf Parkway
rather than Dairyland Drive pursuant to city regulations that require extensions of roads
to continue the existing street name.
Abelin Traffic Services prepared a traffic impact study in August 2021 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 approaches onto Stillwater Road, as well as nearby intersections.
The study concluded that Starling "will increase traffic volumes on the surrounding road
network but will not require any special roadway improvement to create additional
capacity.... The developers should consider creating a crosswalk at the Timberwolf
Parkway intersection to provide access to Glacier High School from the development
site. This crosswalk should include overhead lighting for night-time visibility." Those
recommendations should be implemented It should be noted that per the city Standards
for Design and Construction, the development shall maintain or improve the existing
level of service for the affected roadways rather than simply maintaining an acceptable
level of service. Any improvements necessary to maintain the existing level of service
will be required.
The traffic study also addressed the potential need for a roundabout at the intersection of
Timberwolf Parkway and Stillwater Road. The roundabout is included in the currently
proposed transportation plan. Per the study, the roundabout is not required at this time
and future development patterns may indicate that the intersection with Wolfpack Way
might eventually be a better location. Nevertheless, further development on both sides of
Stillwater likely means a roundabout will be necessary at some point and providing for its
location at the intersection of Timberwolf Parkway with dedication of right-of-way for a
future improvement is appropriate. The proposed plat shows the right-of-way dedication.
There should also be a waiver of protest of an SID for the roundabout construction that
would apply to any lots within the development.
Schools: The property is within the boundaries of School District 91 (West Valley) and
Glacier High School. On average, it would be anticipated that there would be about 135
students (K-12) from the neighborhood at full build -out. Section 76-3-608(1) 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.
21
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 and site review for the multi -family/
neighborhood commercial area, fire protection, including fire flow and hydrant location,
will be reviewed. Fire station 61 is located approximately 0.9 miles away providing good
response time.
Parks and Recreation: The overall PUD plan includes two homeowners' parks. Phases
1-3 include the larger park at 3.1 acres in size in addition to common areas with walking
paths. Subdivision regulations require a minimum of 0.03 acres of parkland per
dwelling unit, or 2.31 acres for the single-family/townhome lots within Phases 1-3. Each
phase will be required to provide at least the minimum amount of parkland to support that
phase. The parks will include amenities that will be determined during the course of the
detailed subdivision design review, but it is anticipated that the linear parks will include
seating/picnic areas, and the parks may include raised berms for sledding/tumbling, play
fields, trees, a community garden, and a pavilion. With multi -family developments, the
zoning ordinance requires recreational amenities equal to 500 square feet of land or the
equivalent value in amenities that will need to be provided in conjunction with the
development of any multi -family project. The proposal includes covenants and a
management plan providing for maintenance of the shared facilities.
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 1.9 miles from
the site.
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E. Effects on Agriculture and agricultural water user facilities:
The site has been traditionally used for agricultural uses. According to the Kalispell
Growth Policy Resources and Analysis Section, "Important Farmlands" map, the
property includes some areas designated as prime farmland if irrigated.
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 entirely within the annexation policy boundary and was
previously annexed as part of the prior proposed development. By allowing higher
density development within the city's growth policy area, it can reasonably be expected
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
Urban Residential. The proposed RA-1 zone is supported by that designation. 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. Chapter 4B on Business and Industry provides for neighborhood
commercial areas designed to address the daily needs of the immediate neighborhood.
While the proposal does not include any commercial zoning, it does include a potential
mixed -use area. City services including sewer, water and streets are in the vicinity and
available to the subject property.
G. Compliance with Zoning:
The request is in compliance with the RA-1 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.
RECONIMENDATIONS
1. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KZC-21-01 as findings of fact and recommend to the Kalispell City
23
Council that the zoning for the entire 58.0 acres of the property be changed from R-3
(Residential) to RA-1 (Residential Apartment), with a PUD overlay.
2. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KPUD-21-02 as findings of fact and recommend to the Kalispell City
Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed
below:
3. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions
listed below:
CONDITIONS OF APPROVAL
The Planned Unit Development for Starling Phases 1-8 allows the following deviations
from the Zoning Regulations:
(1) Use: Sections 27.09.010 and 27.09.030 — Phase 3 uses may include any permitted uses
allowed under B-1 zoning. Accessory dwelling units are allowed on Lots 17, 24, 25, 32,
33, and 40 in Phase 2 and future phases subject to review. ADUs would be subject to
general zoning requirements as well as a requirement that (a) any lot with an ADU be a
minimum width of 50 feet with a minimum depth of 100 feet; (b) they meet the setbacks
for principal structures; and (c) that the parking for the ADU would be one additional
parking space rather than two. The proposal would allow the ADU to be attached or
detached from the principal structure.
(2) Lot Area: Section 27.09.040(1) — The minimum lot size in the RA-1 is 6000 square feet
minimum lot size. This deviation would allow a minimum lot size of 4000 square feet
for single-family lots and a minimum lot size of 2350 square feet per unit for parent lots
with townhomes/sublots.
(3) Lot Width: Section 27.09.040(2) — The minimum lot width in the RA-1 zone is 50 feet.
This deviation would allow a minimum width of 40 feet.
(4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the front, 5
feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to the garage
from a street right-of-way. This deviation would allow for a side setback of 3 feet.
(5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the RA-1
zone is 45%. This deviation would allow a maximum lot coverage of 60%.
2. The Planned Unit Development for Starling Phases 1-8 allows the following deviations
from the Kalispell Subdivision Regulations:
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(1) Road Sections: Section 28.3.14 — This deviation would allow three alternative
road sections: (a) 80-foot urban collector with 16-foot landscape boulevards; (b) 30-foot-
wide alleys; and (c) the 32 foot wide woonerf.
(2) House Orientation: Section 28.3.14(F)(1) — This deviation allows homes to face
Stillwater Road provided that access is provided only from the alley behind the homes.
(3) Alley as Primary Access: Section 28.3.11(B) and (C) — This deviation allows
homes along Stillwater Road to be accessed only from an alley.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change 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 preliminary plat approval shall be valid for a period of three years from the date of
approval.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. Prior to final plat,
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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.
II. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. The developer shall submit the street designs to the Kalispell Public Works Department
for review and approval prior to construction. Street designs shall meet the city standards
for design and construction, except as otherwise provided for herein.
17. Any lot adjacent to an alley shall access the home from the alley rather than the street.
18. No individual accesses to Stillwater Road are allowed.
19. The development's frontage on Stillwater Road will shall be improved in accordance
with City Design and Construction Standards to a Minor Arterial standard including, but
not limited to, bike/pedestrian path, curb/gutter, and landscape boulevard. Improvements
may include widening the road surface if necessary to meet those standards. A
dedication of an additional ten feet of right-of-way is required to provide the required
width for a minor arterial.
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20. Internal streets shall be built to local and collector design standards (the collector shall be
the extension of Timberwolf Parkway) pursuant to the Standards for Design and
Construction including, but not limited to, sidewalks, landscape boulevard, street lights,
and curb/gutter, except as modified through deviations from the standards specified
herein.
21. Additional connections are required to connect to the north from Phase 5.
22. Temporary turnarounds will be required as part of the final design until such time as a
connection is made in any dead-end location with the potential to be extended in the
future.
23. Alleys are also included within the plan shall be maintained as private alleys. The 30-
foot alley in Phase 2 will require a temporary turnaround until it can be extended.
24. The collector street name shall be Timberwolf Parkway rather than Dairyland Drive
pursuant to city regulations that require extensions of roads to continue the existing street
name.
25. Prior to final plat, all mitigation recommended as part of the approved traffic impact
study relative to the given phase shall be completed. All improvements shall be reviewed
and approved by the Public Works Department. Per the city Standards for Design and
Construction, the development shall maintain or improve the existing level of service for
the affected roadways rather than simply maintaining an acceptable level of service. Any
improvements necessary to maintain the existing level of service will be required.
26. The traffic study also addressed the potential need for a roundabout at the intersection of
Timberwolf Parkway and Stillwater Road. Per the study, the roundabout is not required
at this time. However, further development on both sides of Stillwater likely means a
roundabout will be necessary at some point and providing for its location at the
intersection of Timberwolf Parkway with dedication of right-of-way for a future
improvement is appropriate. The proposed plat shows the right-of-way dedication. In
addition, a note shall be placed on the final plat waiving protest of an SID for the
roundabout construction that would apply to any lots within the development.
27. Any fencing along Stillwater Road shall be reviewed and approved by the city
Architectural Review Committee, which shall ensure a consistency of colors and
materials to be used to present an aesthetically pleasing design.
28. The recommendations in the Geotech report shall be followed, including providing
additional specific Geotech reports related to buildings and other site improvements for
the subject property, which are to be reviewed and accepted by the City of Kalispell prior
to construction.
29. 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
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infrastructure has been constructed per city standards, and a proper bond has been
accepted for unfinished work.
30. 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.
31. 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
32. 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.
33. 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 and alleys 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.
34. 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.
35. 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.
36. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase 1, and the plan shall show that the parkland dedication requirement is
met for each phase.
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37. 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.
38. 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.
39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
40. 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.
41. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
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