Ordinance 1885 - PUD - Aspen Creek West11111111 IN Page: gi of 6 55
Debbie Pierson, Flathead County MT by JW 8/8/20Fees:: PMO
Retum to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1885
r AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
Q RESIDENTIAL MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
ASPEN CREEK WEST PUD, OVER CERTAIN REAL PROPERTY MORE
PARTICULARLY DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY
NUMBER 16428, LOCATED IN THE NORTH HALF OF SECTION 11, TOWNSHIP 28
i NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, 520 Three Mile Drive Associates, LLC, the owners of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned R-3, Residential, with a Planned Unit Development
overlay to be known as Aspen Creek West PUD, on approximately 20 acres of land;
and
WHEREAS, the property is currently zoned R-2 and is located at 520 Three Mile Drive; and
WHEREAS, the petition of 520 Three Mile Drive Associates, LLC was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KPUD-22-03, 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 June 14,
2022, and recommended that a Planned Unit Development overlay be attached to
approximately 20 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-22-03.
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 520 Three Mile
Drive Associates, LLC upon the real property described above is hereby
approved subject to the following conditions:
1. The Planned Unit Development for Aspen Creek West 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 3791 square feet for the attached townhome
lots.
(2) Lot Width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The
deviation reduces the lot width requirement for the sublots for the townhome units to 40
feet.
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 subdivision regulations and the Standards for
Design and Construction contain design criteria for roads. This deviation would allow an
alternative design for a private street in the northern area of the development and deviations
of the centerline radii on two curves on Triple Creek, as detailed within the staff report.
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.
The preliminary plat approval shall be valid for a period of three years from the date of
approval.
9. 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 feature
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.
10. The storm water ponds will be required to be on utility lots, and access for maintenance of
the ponds shall be provided in accordance with city standards.
11. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements
of the current city standards for design and construction. Prior to final plat, a certification
shall be submitted to the Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved.
12. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
13. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
14. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
15. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension
plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to
final plat, a certification shall be submitted to the Public Works Department stating that the
water and sewer mains have been built and tested as designed and approved.
16. The water main extension shall continue in Three Mile Drive to the west extent of the
property instead of entering the private road. The water main extension along Three Mile
Drive shall comply with the Water Facility Plan.
17. 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.
18. The sewer main extension shall continue in Three Mile Drive instead of entering the private
road.
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, including, but not limited
to, sidewalks, landscape boulevard, streetlights, and curb/gutter. A note shall be placed on
the final plat designating the northern road as private.
20. 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."
21. The Traffic Impact Study ("TIS") shall be updated to address a drop in the level of service,
with the updated TIS to be reviewed and approved by the Public Works Department. Prior
to final plat, all mitigation recommended as part of the approved updated 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.
22. The Geotech report and a grading plan shall be submitted for review and approval by the
City of Kalispell prior to submittal of any engineering or building plans related to the
property, and the proposed layout may be altered based on that review, including the
possibility of a reduction in the number of lots.
23. Prior to any work in the floodplain, a floodplain development permit and any related
permits from the Corps of Engineers, the Conservation District, and/or other agencies shall
be obtained, if necessary, by the developer.
24. 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 100-foot setback from the stream.
25. 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.
26. 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.
27. 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
28. Prior to fling 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
36. 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.
37. 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 JULY, 2022.
Mark Joh n
Mayor
ATTEST:
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Ai e Brunckhorst, CMC
City Clerk