Ordinance 1902 - PUD - Timberwolf RidgeReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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Debbie Pierson, Flathead County MT by JD 4i 4/ 2023 3:47 PM
ORDINANCE NO. 1902
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS TIMBERWOLF
RIDGE PUD OVER CERTAIN REAL PROPERTY MORE PARTICULARLY
DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY NUMBER 16743,
SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 36, TOWNSHIP 29 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, Timberwolf Ridge, LLC, representing 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, Residential Apartment, with a Planned Unit
Development overlay to be known as Timberwolf Ridge PUD, on approximately
20.1 acres of land; and
WHEREAS, the property is currently zoned County AG-80 and is located at 605 Stillwater Road;
and
WHEREAS, the petition of Timberwolf Ridge, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-22-05, 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
14, 2023, and recommended that a Planned Unit Development overlay be attached
to approximately 20.1 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 Timberwolf Ridge,
LLC upon the real property described above is hereby approved subject to
the following conditions:
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 future preliminary plat as approved by the city council.
2. The Planned Unit Development for Timberwolf Ridge allows the following deviations
from the Zoning Regulations:
(1) Section 27.09.040 - Height: The maximum height by right in the RA-1 is 45
feet. The deviation would allow 60 feet.
(2) Section 27.20.140 — Structures to Have Access: The zoning regulation do not
allow a building permit to be issued for a property that does not have access to
a public street or an approved private street. This deviation would allow two
lots to be created with access through common parking facilities.
3. The Planned Unit Development for Timberwolf Ridge allows the following deviation from
the Subdivision Regulations:
(1) Sections 28.3.12 and 28.3.13(C) — Blocks and Subdivision Access: The
subdivision regulations require block lengths of at least 250 feet and not more
than 600 feet. They also provide for right-of-way extensions to provide
interconnectivity to adjacent properties. Subject to providing pedestrian
accesses to adjoining parcels, this deviation would allow the block/access
provided in the submitted plans.
4. 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.
5. The abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the
Kalispell Zoning Ordinance.
6. 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.
7. Any storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding ponds 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.
8. 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.
9. 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.
10. New infrastructure required to serve the property 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.
11. 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.
12. 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.
13. If any fencing is to be constructed as part of the development, it shall 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.
14. 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.
15. Stillwater Road is designated as a minor arterial and Timberwolf Parkway as a minor
collector in the Transportation Plan. Both roads shall be upgraded to that standard along
the property's frontage including, but not necessarily limited to curb/gutter, landscape
boulevard, sidewalk, and streetlights. The right-of-way currently owned by the developer
shall be dedicated to the city. A dedication of additional road right-of-way may be required
to accommodate the road classification and improvements.
16. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
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.
17. Required mitigation related to the Traffic Impact Study would include (a) making the Four
Mile Drive/Stillwater Road intersection a four-way stop; and (b) adding a westbound right
turn lane in Timberwolf Parkway is also required at the intersection with Stillwater Road.
18. Cross easements for parking and access shall be included on the plat to serve all of the lots.
19. Prior to commencing any development of the property, a full geotechnical report shall be
submitted. Any recommendations shall be implemented.
20. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
21. 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.
22. 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.
23. 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
24. 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.
25. A property owners' association shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, parks and open
space.
26. 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.
27. 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.
28. A park plan shall be created and approved by the Parks and Recreation Director prior to
issuance of any building permit. As a multi -family development, 500 square feet of land
per unit or the equivalent in improvements shall be provided as recreational amenities.
29. 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.
30. 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.
31. 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." This note shall be expanded to also specifically list the roundabout as one of
the projects that the waiver would apply to.
32. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
33. 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.
34. 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 20TH DAY OF MARCH, 2023.
Mark Jo
Mayor
ATTEST:
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