Ord. 1864 - Parkland Meadows PUDRetum to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1864
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 PARKLAND
MEADOWS PLANNED UNIT DEVELOPMENT, OVER CERTAIN REAL PROPERTY
DESCRIBED AS ASSESSOR'S TRACTS 13D, 13E AND 6J LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 28 NORTH, RANGE 21 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, G23 Properties, 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 RA-1 and B-1 with a Planned Unit Development overlay to be
known as Parkland Meadows PUD, on approximately 38.4 acres of land; and
WHEREAS, the property is currently zoned County SAG-10, Suburban Agricultural, and is
located near the corner of Airport Road and Cemetery Road to the north of the
Highway 93 Bypass interchange; and
WHEREAS, the petition of G23 Properties, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-21-03, 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 September
14, 2021 and recommended that a Planned Unit Development overlay be attached
to approximately 38.4 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-21-03.
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 G23 Properties, LLC
upon the real property described above is hereby approved subject to the
following conditions:
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.
2. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change becomes effective.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. An access to the sewer lift station from Cemetery Road or another route acceptable to
Public Works shall be required. The lift station shall be placed within a utility lot to be
created for that purpose.
16. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
17. While the traffic impact study did not indicate any specific required improvements, any
improvements necessary to maintain the existing level of service will be required. All
improvements shall be reviewed and approved by the Public Works Department.
18. Access to the B-1 areas off of Airport and Cemetery Roads shall be from the internal street
network rather than the external streets.
19. The design shall include at least two pedestrian connections providing access from the area
generally near the intersection of Airport Road and Cemetery Road into the development.
20. The development's frontages on Airport Road and Cemetery Road will need to be
improved in accordance with City Design and Construction Standards. Airport Road will
need to be upgraded to a Minor Arterial standard and Cemetery Road to a Major Collector
standard. Improvements may include widening the road surface if necessary to meet those
standards and any dedications necessary to provide the specified width. The improvements
may be phased with the improvements to be installed across the frontage of each phase of
the subdivision.
21. The applicant shall be required to receive approval from the Montana Department of
Transportation for access onto Airport Road and will also need to ensure the future
Bypass/Airport Road interchange is taken into account with this development.
Adjustments to the lot configurations or building layouts may be necessary, as may
dedication of additional right-of-way.
22. The north -south road intersecting with Cemetery Road shall be constructed as a minor
collector street, and the other internal streets shall be constructed to a local standard. The
roundabout and entry median islands are subject to further review during the engineering
design.
23. Temporary turnarounds will be required at the two road extensions to the north until such
time as a connection is made.
24. Under the subdivision regulations, a second full access is required when 100 or more
residential dwelling units are being served. Section 28.3.13(E)(2). The Phase 1 plan shows
72 units plus the B-1 area. Phase 2 shows 120 units. As part of Phase 2, the access to
Cemetery Road shall be constructed. The construction of the access may be accelerated,
however, depending upon the development of the B-1 lots in Phase 1.
25. The recommendations in the Geotech report shall be followed, including providing
additional specific Geotech reports related to buildings and other site improvements, which
are to be reviewed and accepted by the City of Kalispell prior to construction.
26. The 200-foot setback from Ashley Creek shall be provided for in the final design (Section
28.3.07 Kalispell Subdivision Regulations). Within that setback, which is measured from
the ordinary high-water mark, any uses shall be limited to those outlined in the regulations.
27. 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.
28. 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.
29. Prior to any construction, the precise location of the floodplain shall be established with a
stamped survey. Lot dimensions, configurations, and site development may need to be
adjusted based on the survey, and the number of units may be decreased accordingly.
30. 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.
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.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT "A"
Subdivision Boundary Legal:
A Tract of land located in the southwest quarter of Section 20, and the northwest quarter of
Section 29, township 28 north, Range 21 West, P.M., M., Flathead County, Montana and more
particularly described as follows:
Beginning at the northwest corner of Parcel B as shown on Certificate of Survey No. 19227,
records of Flathead County, Montana; thence S85°43'54"E, a distance of 1024.15 feet;
Thence NO2°36'20"E, a distance of 268.83 feet; thence S89°17'39"E, a distance of 343.75 feet;
Thence S03°03'37"E, a distance of 242.71 feet; thence S89°37'43"W, a distance of 14.02 feet;
Thence S09°36'53"E, a distance of 513.48 feet; thence S31°07'41"W, a distance of 292.78 feet;
Thence S05°03'08"W, a distance of 559.66 feet to the south line of the northeast quarter of the
northwest quarter of Section 29; thence on and along said south line N89°19'58"W, a distance of
298.37 feet; thence leaving said south line N00°37'56"E, a distance of 30.00 feet to a point on the
northerly right-of-way of Cemetery Road;
Thence on and along said right-of-way the following six (6) courses:
1) N58°14'22"W, a distance of 96.16 feet;
2) N89°39'00"W, a distance of 114.34 feet;
3) Along a non -tangent 1392.81 foot radius curve to the left, with center bearing
S00°20'38"W, an arc distance of 195.11 feet;
4) S89°58'25"W, a distance of 73.01 feet;
5) S82°22'17"W, a distance of 220.78 feet;
6) N72°08'06"W, a distance of 74.90 feet to a point on the easterly right-of-way of Airport
Road;
Thence on and along said right-of-way the following seven (7) courses:
1) Along a non -tangent 787.82 foot radius curve to the left, with center bearing
N79°19'59"W, an arc distance of 227.07 feet;
2) N17°36'52"W, a distance of 198.67 feet;
3) N13°43'31"W, a distance of 180.11 feet;
4) N13'11'll"W, a distance of 128.21 feet;
5) Along a non -tangent 2189.48 foot radius curve to the right, with center bearing
N77°55'36"E, an arc distance of 404.79 feet;
6) N17°01'16"W, a distance of 134.17 feet;
7) N00°03'06"E, a distance of 57.85 feet to the Point of Beginning.
This Tract contains 38.41 acres subject to and together with all appurtenant easements of record.
Zoning Area Descriptions:
NW B-1 Zone:
Beginning at the northwest corner of Parcel B as shown on Certificate of Survey No. 19227,
records of Flathead County, Montana; thence S00°03'06"W, a distance of 57.85 feet;
Thence S17°O1'16"E, a distance of 134.17 feet; Thence along a non -tangent 2189.48 foot curve
to the left, with center bearing S88°31'10"W, an arc distance of 294.77 feet; Thence
N80°50'17"E, a distance of 418.87 feet, thence N09°09'43"W, a distance of 227.87 feet; Thence
along a 300 foot curve to the right, with center bearing S80°50'17"W, an arc distance of 69.12
feet; Thence N04°02'19"E, a distance of 85.74 feet; thence N85°43'54"W, a distance of 448.06
feet to the point of beginning. This area contains 4.15 acres.
SE B-1 Zone:
Commencing at the northwest corner of Parcel B as shown on Certificate of Survey No. 19227,
records of Flathead County, Montana; Thence S85°43'54"W, a distance of 448.06 feet; Thence
NO2°36'20"E, a distance of 268.83 feet; thence S89°17'39"E, a distance of 343.75 feet; Thence
S03°03'37"E, a distance of 242.71 feet; thence S89°37'43"W, a distance of 14.02 feet; Thence
S09°36'53"E, a distance of 513.48 feet; thence S31°07'41"W, a distance of 292.78 feet; Thence
S05°03'08"W, a distance of 316.38 feet and being the true point of beginning;
Thence S87°35'30"W, a distance of 241.16 feet; Thence NO2°10'12"E, a distance of 82.27 feet;
Thence S87°49'15"E, a distance of 65 feet; Thence along a 320 foot curve to the right, with a
center bearing of S02°10'45"W, an arc distance of 85.81 feet; Thence S42°03'03"W, a distance
of 216.05; Thence SO1°15'39"E, a distance of 107.86; Thence S89°39'00"E, a distance of 114.63
feet; Thence S58°14'22"E, a distance of 96.16 feet; Thence S89°20'27"E, a distance of 300.69
feet; Thence N05°03'08"E, a distance of 213.16 feet to the true point of beginning. This area
contains 2.92 acres.
RA-1 Zone:
Commencing at the northwest corner of Parcel B as shown on Certificate of Survey No. 19227,
records of Flathead County, Montana; Thence S85°43'54"W, a distance of 448.06 feet and being
the true point of beginning;
Thence NO2°36'20"E, a distance of 268.83 feet; thence S89°17'39"E, a distance of 343.75 feet;
Thence S03°03'37"E, a distance of 242.71 feet; thence S89°37'43"W, a distance of 14.02 feet;
Thence S09°36'53"E, a distance of 513.48 feet; thence S31°07'41"W, a distance of 292.78 feet;
Thence S05°03'08"W, a distance of 316.38 feet; Thence S87°35'30"W, a distance of 241.16
feet; Thence NO2°10'12"E, a distance of 82.27 feet; Thence S87°49'15"E, a distance of 65 feet;
Thence along a 320 foot curve to the right, with a center bearing of S02° 10'45"W, an arc
distance of 85.81 feet; Thence S42°03'03"W, a distance of 216.05; Thence SO1°15'39"E, a
distance of 107.86; Thence along a 1402.30 foot non -tangent curve to the left with a center
bearing of NO1°15'59"W, an arc distance of 156.51 feet; Thence S82°22'17"W, a distance of
220.78 feet; Thence N72°08'06"W, a distance of 74.90 feet; Thence along a 787.82 foot non-
tangent curve to the left with a center bearing of S79° 19'59"W, an arc distance of 227.07 feet;
Thence N17°36'53"W, a distance of 198.67 feet; Thence N13°40'27"W, a distance of 199.01
feet; Thence N13°11'12"W, a distance of 190.30 feet; Thence along a 2189.48 foot curve to the
right with a center bearing of S77°55'36"W, an arc distance of 110.01 feet; Thence N80°50' 17"E,
a distance of 418.87 feet; Thence N09°09'43"W, a distance of 227.87 feet; Thence along a 300
foot curve to the right with a center bearing of S80°50' 17"W, an are distance of 69.12 feet;
Thence N04°02'19"W, a distance of 85.74 feet to the true point of beginning. This area contains
31.12 acres.