Ordinance 1865 - PUD - StarlingIIIIIII II II IIIIIIIII IIIIIIIIIIIIIII IIIII IIIII IIIII IIIIIIIIIIIIIIIIIIIIIIII II IIIIIIII IIII F202100039553
ees:: I of 8
Debbie Pierson, Flathead County MT by MLN 11/12/2021 2:32 PM
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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
o ! 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,
it AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Kilday & Stratton on behalf of 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:
1. 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 28.3.1l(B) and (C) — This deviation allows
homes along Stillwater Road to be accessed only from an alley.
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.
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 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.
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.
ATTEST:
Ainkee Brunckhorst, CMC
City Clerk
Mark Johnsor�)
Mayor
. c'SEAL`% f"'
c� 189 Jr
•.ONTP. ;
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 NE 1 /4SE 1 /4 and along said centerline
S00011'45"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 S89°57' 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 S89°57' 16"W 586.74 feet; Thence N00°02'44"W 1073.39 feet; Thence N89°46'56"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 S00°02'44"E 1096.85
feet to the point of beginning and containing 58.000 ACRES; Subject to and together with all
appurtenant easements of record.
Owners of record: Grosswiler Holdings, LLC, CPG & Associates, Inc., and Cyncat Inc.