Ordinance 1873 - PUD - Spring Creek ParkIIIII II 1 II III IN Page°I of 8 07
Return to: Debbie Pierson, Flathead County MT by is 5/12/2022 AD PM
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1873
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
RESIDENTIAL MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
SPRING CREEK PARK PUD, OVER CERTAIN REAL PROPERTY MORE
PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 20588 IN
THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE
t DATE.
qJ WHEREAS, GKM Associates, LLC, the owners of the property described above, petitioned the
0,11 City of Kalispell that the zoning classification attached to the above described tract
of land be zoned R-3, RA-1 and B-1, Residential and Commercial Business, with a
41 Planned Unit Development overlay to be known as Spring Creek Park PUD, on
approximately 90 acres of land; and
* WHEREAS, the property is currently zoned R-3 on 87 acres and B-1 on 3.9 acres, and is located
* to the east of West Springcreek Road between Two Mile Drive and Three Mile
Drive; and
WHEREAS, the petition of GKM Associates, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-21-05, 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 February
8, 2022, and recommended that a Planned Unit Development overlay be attached
to approximately 90 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-22-05.
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 GKM Associates,
LLC upon the real property described above is hereby approved subject to
the following conditions:
1. The Planned Unit Development for Spring Creek Park allows the following deviations
from the Zoning Regulations:
(1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet.
The deviation reduces minimum lot area to 3000 square feet for the attached
townhome/rowhouse lots.
(2) Height: Sec 27.06.040(4) — The maximum allowable height in the R-3 zone is 35 feet.
This deviation would allow an additional five feet for townhouses/rowhouses with a
maximum of three floors.
(3) Lot Coverage: Sec 27.06.040(5) — Maximum lot coverage in the R-3 zone is 45%.
This deviation would allow the maximum lot coverage for townhome/rowhouse lots be
increased to 60%.
2. The Planned Unit Development for Spring Creek Park allows the following deviations
from the Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — The parkway design is a deviation from standard
street sections. The alternative design is allowed provided that (a) the parking is
on the house side of the street; (b) utilities are designed as determined by Public
Works for maintenance and servicing; (c) where the north/south road intersects the
parkway, the landscaped center island should continue through the intersection so
the road would end at the parkway in a T-intersection; and (d) the center landscape
island be maintained as private.
(2) Driveway Access Onto Collector: Sec 28.3.14(G) and (J) — On the collector road,
where alleys are not feasible, driveway access to the street would be allowed if the
block is posted as "no parking" and also provided that any lot with an alley be
required to access from the alley.
(3) Block Length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not
more than 600 feet. This deviation allows block lengths in excess of 600 feet
provided the layout is in substantial compliance with the proposed PUD plan.
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. Any open storm water facilities
should have an elevated aesthetic design to be reviewed and approved by the city
Architectural Review Committee. 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. Per city standards, the water mains shall be extended within the adjacent frontages to the
far property line. The main in Two Mile shall be extended in conjunction with Phase 1,
and the main in West Springcreek shall be extended with Phase 2. The mains may need to
be upsized, and the city would participate in the upsize cost.
16. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior
to final plat.
17. Per city standards, the sewer mains shall be extended within the adjacent frontages to the
far property line. With Phase 1, it would be installed within the Two Mile frontage. The
main should be installed within West Springcreek with Phase 2. Alternative locations must
be reviewed and approved by Public Works.
18. In order to allow for the connection to the Westside Interceptor through the development,
the developer shall grant an easement for construction of a sewer line connection at or prior
to the time of final plat for Phase 1.
19. 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.
20. Two Mile, Three Mile, and West Springcreek shall be upgraded for the length of the
frontage to a level as specified in the Transportation Plan and the Standards for Design and
Construction. Two Mile shall be to a major collector standard and both Three Mile and
West Springcreek shall be to a minor arterial standard. Improvements may include, but
would not necessarily be limited to, widening travel lanes, bike/pedestrian paths, landscape
boulevard, streetlights, and curb/gutter. Dedication of additional right-of-way will be
required for improvements for the adjoining roadways, as well as for the future roundabout
at the intersection of Three Mile Drive and West Springcreek. Improvements for Two Mile
shall be installed with Phase 1 and improvements for both Three Mile and West
Springcreek shall be installed with Phase 2.
21. 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, streetlights, and curb/gutter. The parkway cross section, which is a
requested deviation, would provide an alternative design. At the west end of Triple Creek
Drive, there shall be a hammerhead turnaround or other approved alternated design to
accommodate snow plowing and emergency access.
22. The roundabout shown in Phase 2 shall be reviewed as part of the Phase 2 plat. A turning
movement distribution shall be provided if a compact roundabout is to be built. If justified,
adequate right-of-way shall be dedicated to provide a single lane, compact roundabout with
a minimum 80-foot diameter.
23. Alleys included within the plan shall be maintained as private alleys with public utility
easements. Under Sec 28.3.15, the rowhouses cannot have access onto the street due to
their width and the access shall only be from an alley. Additionally, any lot located on the
collector with an alley shall access only from the alley pursuant to the requested deviation
allowing access for some lots onto the collector.
24. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision."
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.
Improvements necessary to maintain the existing level of service will be required.
26. Based on the Traffic Impact Study ("TIS") and city review of the TIS, there are several
areas which require mitigation.
(a) Intersection of Three Mile Drive and West Springcreek: Phase 1 of the
project does not appear to sufficiently impact the intersection, and review
of later phases shall take the intersection into account with additional
analysis and review at that time.
(b) Intersection of the internal collector road and Three Mile Drive: When the
collector road is constructed, it shall include a northbound right turn lane.
(c) Intersection of Camp Crook Avenue and Three Mile Drive: Northbound
left-hand turns shall be restricted. This improvement shall be installed with
the first phase unless otherwise determined by the Public Works
Department.
(d) Intersection of Heaven's Peak and Three Mile Drive: The developer shall
provide a 14-hour intersection turning movement study and install a
signalized intersection at Three Mile Drive and Heaven's Peak Drive when
warrants are met per Manual on Uniform Traffic Control Devices and MDT.
(e) Intersection of Stillwater Road and Three Mile Drive: The developer shall
provide a 14-hour intersection turning movement study to determine if a
signal is warranted. When warranted, staff recommends a regional SID to
construct the signal.
27. The proposal shows that fencing will be included as part of the project to buffer the eastern
and northern borders of phase 1 as needed. 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.
28. The recommendations in the Geotech report shall be followed.
29. Basements are not allowed within the development unless appropriately designed with
waterproofing and other design elements required by the Kalispell Building Department.
All building sites within the development shall be subject to additional review if required
by the Kalispell Building Department including, but not necessarily limited to, site specific
geotechnical investigation.
30. Further study of the southeast corner of Phase 1 shall be completed to ensure that any
building sites are not unduly impacted by the presence of hydric soils.
31. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a
minimum 100-foot setback from wetlands to any proposed lot boundaries. Under Section
28.3.07, the development shall limit uses within the 50-foot setback from the stream.
32. 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.
33. 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.
34. 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
35. 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.
36. 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 any 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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.
42. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
43. 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.
44. 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 21 ST DAY OF MARCH, 2022.
ATTEST:
Mark Joh4son
Mayor
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W J - L".� &Ud-lt�
Ai ee Brunckhorst, CMC
City Clerk
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