Staff Report/Aspen Creek West PUD and PPKALisPEii.
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: KZC-22-04/KPUD22-03/KPP-22-05 — Aspen Creek West
Zone Change, Planned Unit Development, and Preliminary Plat
MEETING DATE: July 5, 2022
BACKGROUND: This report regards a request from 520 Three Mile Drive Associates, LLC, for a
zone change from R-2 (Residential) to R-3 (Residential) with a Residential Planned Unit
Development ("PUD") overlay and major preliminary plat on approximately 20.0 acres of land. The
development, called Aspen Creek West, would include 60 residential lots (31 detached single-family
and 29 townhomes) along with roads, parks, and open space. One of the detached single-family
homes is an existing home that will remain. The driveway to the home crosses the creek and will be
converted to a pedestrian path.
The property is located at 520 Three Mile Drive and can be described as Tract 2 of Certificate of
Survey Number 16428, located in the North Half of Section 11, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on June 14, 2022, to consider the
request. Staff presented staff report KZC-22-04/KPUD22-03/KPP-22-05 providing details of the
proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as
findings of fact and recommend to the Council that the property be rezoned from R-2 (Residential) to
R-3 (Residential) with a PUD overlay and preliminary plat, both subject to 37 conditions.
Two comments were received at the public hearing in addition to those by the applicant, as well as
written comment received prior to the hearing. The comments related to the impact of the proposal
on the surrounding neighborhood. The public hearing was closed and motions were presented to
adopt staff report KZC-22-04/KPUD22-03/KPP-22-05 as findings of fact and recommend to the
Kalispell City Council that the property be rezoned from R-2 (Residential) to R-3 (Residential) with a
PUD overlay and preliminary plat, both subject to 37 conditions. Board discussion concluded that
the request was appropriate, and the motions were approved on a unanimous vote.
RECOMMENDATIONS:
INITIAL ZONING AND PLANNED UNIT DEVELOPMENT: It is recommended that the Kalispell
City Council approve the first reading of Ordinance 1885, an Ordinance to amend Section 27.02.010,
official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property
described as Tract 2 of Certificate of Survey Number 16428, located in the North Half of Section 11,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, as B-2 (General Business),
and applying a Residential Planned Unit Development Zoning Overlay subject to 37 conditions in
accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date.
PRELIMINARY PLAT: It is recommended that the Kalispell City Council approve Resolution
6081, a resolution approving a request from 520 Three Mile Drive Associates, LLC, for approval of
the preliminary plat for Aspen Creek West (KPP-22-05), a major subdivision preliminary plat
consisting of approximately 20.0 acres with 37 conditions of approval, which can be described as
Tract 2 of Certificate of Survey Number 16428, located in the North Half of Section 11, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1885
Resolution 6081
May 10, 2022, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
Public Comment
Aimee Brunckhorst, Kalispell City Clerk
Retum to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1885
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
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
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:
I. 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.
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 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 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
28. 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.
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 DAY OF , 2022.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
RESOLUTION NO.6081
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ASPEN CREEK WEST, DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY
NUMBER 16428, LOCATED IN THE NORTH HALF OF SECTION 11, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, 520 Three Mile Drive Associates, LLC, the owner of the certain real property
described above, has petitioned for approval of the Subdivision Plat of said property;
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
June 14, 2022 on the proposal and reviewed Subdivision Report #KPP-22-05 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Aspen Creek West subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of July 5, 2022,
reviewed the Kalispell Planning Department Report #KPP-22-05, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-22-05 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of 520 Three Mile Drive Associates, LLC for approval
of the Preliminary Plat of Aspen Creek West, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
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.
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 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 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.
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. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 5TH DAY OF JULY, 2022.
ATTEST:
Judi Funk
Deputy City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
MAY 10. 2022
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and Zoning
CALL
Commission was called to order at 6:00 p.m. Board members present
were Chad Graham, Doug Kauffinan, Rory Young, Joshua Borgardt,
Kurt Vomfell, Pip Burke, and Kevin Aurich. PJ Sorensen and Jarod
Nygren represented the Kalispell Planning Department. Keith Haskins
represented the Public Works Department.
ELECTION OF OFFICERS
Graham asked if there were any nominations for President. Kauffman
(PRESIDENT)
nominated Graham and Vomfell seconded the nomination.
ROLL CALL
The motion passed unanimously on a vote of acclamation.
ELECTION OF OFFICERS
Graham asked if there were any nominations for Vice -President.
(VICE-PRESIDENT)
Vomfell nominated Kauffman and Young seconded the nomination.
ROLL CALL
The motion passed unanimously on a vote of acclamation.
APPROVAL OF MINUTES
Vomfell moved and Kauffman seconded a motion to approve the
minutes of the April 12, 2022, meeting of the Kalispell City Planning
Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
None.
MORNING STAR COMMUNITY —
The planning board will receive public comments regarding the
MEPA REQUIRED PUBLIC
environmental review record for the proposed sewer and water project
COMMENTS
that will provide city service to the Morning Star Court Community, as
required by the Montana Environmental Policy Act (MEPA). Morning
Star Court is a cooperatively owned affordable -housing mobile home
community, consisting of 41 residential units, located at 1717 South
Woodland Drive, Kalispell, MT. The community is proposing to
abandon their aged onsite water and wastewater infrastructure and
connect to adjacent City of Kalispell services. At the public hearing the
proposed project will be explained, including the purpose and proposed
area of the project, activities, budget, possible sources of funding,
environmental review findings and any costs that may result for local
citizens as a result of the project. All interested persons will be given
the opportunity to ask questions and express opinions regarding the
proposed project and any environmental impacts. Comments may be
given verbally at the meeting or submitted in writing prior to May 10,
2022, at 5 p.m. Anyone wanting to review the environmental review
record and project impacts or submit questions and comments should
contact Jonathan Gass at WGM Group, (406) 728-4611. Copies of the
draft environmental record is available at Kalispell City Hall
Development Services Department, 201 1st Avenue East, Kalispell, MT
59901 and will also be available at the public meeting.
PUBLIC COMMENT
Jon Gass w/ WGM Group, representative for Morning Star Community,
presented a brief power point for the board and public about the project
and the grants they are applying for.
Kalispell City Planning Board
Minutes of the meeting of May 10, 2022
Pagel
KA-22-04 — MORNING STAR
A request from Morning Star Community, Inc. for annexation and initial
COMMUNITY ANNEXATION
zoning of R-4 (Residential) for property located at 1717 South
Woodland Drive containing 5.88 acres. The proposal would annex an
existing mobile home park to allow for the units to connect to city
sanitary sewer, which is located within the South Woodland Drive right-
of-way. The property to be annexed and zoned can be described as Lots
23, 24, and the North Half of Lot 9 of Block 1 of Greenacres, according
to the map or plat thereof on file and of record in the office of the Clerk
and Recorder of Flathead County, Montana.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KA-22-04.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-22-04 as findings of fact and
recommend to the Kalispell City Council that the property be annexed and
the zoning for the property be city R-4 (Residential).
BOARD DISCUSSION
Young asked about the road connections to the property on the south.
PUBLIC COMMENT
None.
MOTION
Vomfell moved and Borgardt seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-22-04
as findings of fact and recommend to the Kalispell City Council that the
property be annexed and the zoning for the property be city R4
(Residential).
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
KA-22-02 & KPUD-22-01 - FARM
Files #KA-22-02 and KPUD-22-01 — A request from Kelcey and
DISTRICT
Tawnya Bingham for annexation and initial zoning with a Commercial
Planned Unit Development overlay on approximately 37.6 acres of land.
The development, called the Farm District, would be a mixed -use
development with a focus on an indoor youth athletic and arts facility
along with commercial and residential uses. The property is located at
the northwest corner of Highway 93 North and Church Drive and can be
described as a tract of land situated, lying and being in the east half of
the southeast quarter of Section 12, Township 29 North, Range 22 West,
P.M.M, Flathead County, Montana, and more particularly described as
follows to wit: Lot 2 of Patterson Tracts, as shown on Certificate of
Survey No. 17246 (both records of Flathead County, Montana) and
containing 37.635 acres, subject to and together with a 60 foot county
road known as Church Drive, subject to and together with all
appurtenant easements of record.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KA-22-02 and KPUD-22-01.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-22-02 as findings of fact and
Kalispell City Planning Board
Minutes of the meeting of May 10, 2022
Page 12
recommend to the Kalispell City Council that the property be annexed
and the zoning for the property be B-2 (General Business), with a PUD
overlay.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPUD-22-01 as findings of fact and
recommend to the Kalispell City Council that the Farm District PUD be
approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
Discussion regarding pulling building permits prior to final plat,
condition 918 access off Church Dr, the geotechnical report requirement
in condition 922 and site plans.
PUBLIC COMMENT
Eric Mulcahy — Land Use Planner, Sands Surveying, 2 Village Loop —
representative for the applicant. Let the board know they are pleased
with the conditions in the staff report.
MOTION — KA-22-02
Kauffman moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report # KA-22-02
as findings of fact and recommend to the Kalispell City Council that the
property be annexed and the zoning for the property be B-2 (General
Business), with a PUD overlay.
BOARD DISCUSSION
Vomfell likes the project and feels it's very innovative. Graham noted he
likes this visionary project and likes to see something coming though for
youth.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPUD-22-01
Kauffman moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KPUD-22-
01 as findings of fact and recommend to the Kalispell City Council that
the Farm District PUD be approved subject to the conditions listed in the
staff report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
KPUD-22-02 — NOLLER TRUCK &
A request from JCA Management, LLC, for a Commercial Planned Unit
RV
Development ("PUD") overlay on approximately 9.72 acres of land.
The property is currently zoned B-2 with a placeholder PUD overlay,
which requires a full PUD submittal prior to development. The proposal
includes locating a truck and RV Center on the property. The property is
located at 3178 Highway 93 South near the intersection of Highway 93
and the Bypass. It can be described as Assessor's Tract 3C, a tract of
land situated, lying and being in the southeast quarter of the southeast
quarter of Section 29, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, shown as Tract 1 of Certificate of Survey
21952 in the office of the Clerk and Recorder, Flathead County,
Montana.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Reports #KPUD-22-02.
Kalispell City Planning Board
Minutes of the meeting of May 10, 2022
Page13
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPUD-22-02 as findings of fact and
recommend to the Kalispell City Council that the PUD for Noller Truck
and RV Center be approved subject to the conditions listed in the staff
report.
BOARD DISCUSSION
Discussion regarding the required developer's agreement in condition
92, sewer main extension requirements in condition 912 and the entrance
on Hwy 93 and how it will be affected by the new development and
MDT's involvement.
PUBLIC COMMENT
Lonnie Martin — Project Manager, CFS Engineers, Topeka, KS —
representative for applicant — offered to answer any questions the board
may have.
Andy Matthews — 1000 Basecamp Dr — owner of Montana Basecamp
RV Park — concerned with how this development will affect his RV
Park.
MOTION
Vomfell moved and Kauffinan seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KPUD-22-
02 as findings of fact and recommend to the Kalispell City Council that
the PUD for Noller Truck and RV Center be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
Discussion regarding the land use and zoning in the area.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Young recused himself from the Eagle Valley Ranch Addition
KA-22-03, KGPA-22-01 & KZC-22-
A request from Spartan Holdings for a zone change, growth policy map
03 — EAGLE VALLEY RANCH
amendment and annexation and initial zoning of property, to be known
ADDITION
as Eagle Valley Ranch Addition on 6.8 acres of land at 3201 U.S. 93
North. The developer of Eagle Valley Ranch PUD has acquired land
adjacent their development (Home Outfitters) and neighboring property
currently within the County that is being requested to be included in the
Eagle Valley Ranch PUD. The application includes a zone change of the
existing Home Outfitters building which is City R-2 to the Eagle Valley
Rand PUD, and annexation and initial zoning of surrounding County
property from County SAG-10 to the Eagle Valley Ranch PUD. The
request would also include a growth policy map amendment from
suburban residential to urban mixed use on those properties annexing
into the city, allowing for neighborhood commercial uses, similar to the
commercial properties within the current Eagle Valley Ranch PUD. The
goal of the change is similar to that of the original PUD which is to
provide a diverse neighborhood close to existing services and
commercial development on the north side of Kalispell and allows for
inclusion of properties that are currently segregated from the
development. The proposed development is generally situated along
Highway 93 south of Ponderosa Residential Subdivision, east of
Northern Pines Golf Course and north of the Montana National Guard
facilities in the West '/2 of Section 19, Township 29 North, Range 21
West, P.M.M., Flathead County, Montana. A more particular legal
Kalispell City Planning Board
Minutes of the meeting of May 10, 2022
Page 14
description can be obtained at the Kalispell Planning office.
BOARD DISCUSSION
Discussion regarding the development of the property where the existing
building sits and what requirements there might be if the building were
to be torn down and the signal light that will be installed by MDT at
Rose Crossing.
PUBLIC COMMENT
None.
MOTION — KGPA-22-01
Kauffman moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KGPA-22-
01 and recommend to the Kalispell City Council that the Kalispell
Growth Policy Future Land Use Map be amended from Suburban
Residential to Urban Mixed Use.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KA-22-03
Kauffman moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-22-03
as findings of fact and recommend to the Kalispell City Council that the
property be annexed and the zoning for the property be City RA-2
(Residential Apartment) with the Eagle Valley Ranch PUD zoning overlay
and conditions herein.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KZC-22-03
Kauffman moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KZC-22-03
as findings of fact and recommend to the Kalispell City Council that the
property be rezoned from City R-2 to City RA-2 with the Eagle Valley
Ranch PUD zoning overlay and conditions herein.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RESEATED
Young re -seated.
KZTA-22-01— R-4 INTENT
A request from the City of Kalispell for a zoning text amendment
amending Section 27.07.010 of the Kalispell Zoning Ordinance. The
amendment would change the intent of the R-4 (Residential) zoning
district to include areas designated as suburban residential in addition to
urban residential on the Kalispell Growth Policy Future Land Use Map.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KZTA-22-01.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KZTA-22-01 and recommend to the
Kalispell City Council that the proposed amendment be adopted as
provided herein.
Kalispell City Planning Board
Minutes of the meeting of May 10, 2022
Page 15
BOARD DISCUSSION
Discussion regarding how this will affect future land growth, the
difference between R-3 and R-4, and allowable density with this change.
PUBLIC COMMENT
None.
MOTION
Vomfell moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report # KZTA-22-
01 and recommend to the Kalispell City Council that the proposed
amendment be adopted as provided herein.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
OLD BUSINESS
Nygren updated the board on the recent city council meeting.
NEW BUSINESS
Nygren updated the board on the June planning board meeting.
ADJOURNMENT
The meeting adjourned at approximately 7:41pm.
/s/ Chad Graham
Chad Graham
President
APPROVED as submitted/amended: 06/14/22
/s/ Kari Barnhart
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of May 10, 2022
Page 16
ASPEN CREEK WEST PUD
ZONE CHANGE - STAFF REPORT #KZC-22-04
PLANNED UNIT DEVELOPMENT - STAFF REPORT #KPUD-22-03
MAJOR SUBDIVISION - STAFF REPORT #KPP-22-05
KALISPELL PLANNING DEPARTMENT
JUNE 8, 2022
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from 520 Three Mile Drive Associates, LLC, for a zone change, a Residential Planned Unit
Development (PUD) overlay, and major preliminary plat on approximately 20.0 acres. A public
hearing has been scheduled before the Planning Board for June 14, 2022, beginning at 6:00 PM
in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to
the Kalispell City Council for final action.
BACKGROUND INFORMATION
This report regards a request from 520 Three Mile Drive Associates, LLC, for a zone change
with a Residential Planned Unit Development ("PUD") overlay and major preliminary plat on
approximately 20.0 acres of land. The development, called Aspen Creek West, would include 60
residential lots (31 detached single-family and 29 townhomes) along with roads, parks, and open
space. One of the detached single-family homes is an existing home that will remain. The
driveway to the home crosses the creek and will be converted to a pedestrian path.
A: Applicant: 520 Three Mile Drive Associates, LLC
940 Emmett Ave, Ste 200
Belmont, CA 94002
B: Location: The property is located at 520 Three Mile Drive and can be described as Tract 2
of Certificate of Survey Number 16428, located in the North Half of Section 11, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana.
1
C: Existing Land Use and Zoning: The subject property is vacant and the current zoning
for the property is city R-2 (Residential) with a PUD placeholder overlay. The property
was annexed in 2004 with a PUD overlay that provided for 66 single-family and
townhome lots. The PUD was not developed, although some infrastructure was put in
place. Under the zoning ordinance, an expired PUD creates a placeholder PUD and a full
PUD is required prior to development.
The R-2 zone is "a district intended to provide adequate lot areas for lower density
residential development; should have good thoroughfare access, and be in proximity to
community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This
development will normally require all public utilities. This zoning district would typically
be found in areas designated as suburban residential on the Kalispell Growth Policy
Future Land Use Map."
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D. Size: The subject property is
approximately 20.0 acres.
E: Adjacent Zoning:
North: County AG-80
East: R-2/PUD
South: County R-1 & R-2
West: R-3
F: Adjacent Land Uses:
North: Single-family residential
East: Single-family residential
South: Single-family residential
West: Single-family residential
G. Proposed Zoning: The proposed zoning of the property would change the zoning for the
full property from R-2 (Residential) to R-3 (Residential). The R-3 zone is "a district
2
intended to provide lot areas for urban residential development. This district should have
good thoroughfare access, and be in proximity to community and neighborhood facilities,
i.e., schools, parks, shopping areas, etc. Development within this district must be served by
all public utilities. This zoning district would typically be found in areas designated as
suburban residential or urban residential on the Kalispell Growth Policy Future Land Use
Map."
H: General Land Use Character: The subject property is located between Three Mile
Drive and Two Mile Drive to the east of West Springcreek Road. It is in a transitional
area between urban residential development and single-family homes in existing county
subdivisions and tract land. The general area has included significant residential growth
over the past 20 years, as well as the addition of the bypass to the east that includes an
interchange with Three Mile Drive.
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Growth Policy
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I: Relation to the Growth Policy:
The Kalispell Growth Policy Future Land
Use Map designates the subject property
as Suburban Residential. The proposed
zoning is supported by that designation.
The City of Kalispell Growth Policy
Plan -It 2035, Chapter 4A on Housing,
encourages a variety of residential
development that provides housing for all
sectors and income levels within the
community. City services including
sewer, water and streets are in the vicinity
and available to the subject property.
The property also falls within the
Kalispell West Neighborhood Plan,
which was adopted in 2009. The plan
anticipates this portion of the plan area to
be developed to accommodate growth in
the short -to -medium term from the plan's
adoption (within 15-20 years).
3
J: Availability of Public Services and Extension of Services: Water and sewer services are
available to the property. A water main is located in the southern portion of the property
and the Westside Interceptor was extended through the property providing access to sewer
service. There is an east -west unimproved road running through the southern part of the
property connecting the subdivisions to the east and west. The road contains the existing
utilities.
Sewer: City of Kalispell
Water: City of Kalispell
Refuse: City of Kalispell
Electricity: Flathead Electric Cooperative
Gas: NorthWestern Energy
Telephone: CenturyTel
Schools: School District 91 (West Valley)/Glacier High School
Fire: City of Kalispell
Police: City of Kalispell
sDWATER MAIN = BLUE
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SUBJECT
�.'b PROPERTY
I. Zone Change Evaluation Based on Statutory Criteria
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of
fact for the zone change request are discussed relative to the itemized criteria described by 76-2-
304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned city
R-2 (Residential) with a placeholder PUD overlay. The proposed zoning of the property would
change the zoning to R-3 (Residential) with a PUD overlay.
4
The R-3 zone is "a district intended to provide lot areas for urban residential development. This
district should have good thoroughfare access, and be in proximity to community and
neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district
must be served by all public utilities. This zoning district would typically be found in areas
designated as suburban residential or urban residential on the Kalispell Growth Policy Future
Land Use Map."
1. Does the requested zone comply with the growth polio
The Kalispell Growth Policy Future Land Use Map designates the subject property as
Suburban Residential. The proposed zoning is supported by that designation. The City of
Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of
residential development that provides housing for all sectors and income levels within the
community. City services including sewer, water and streets are in the vicinity and
available to the subject property.
2. Will the requested zone have an effect on motorized and non -motorized transportation
systems?
The zoning designation itself will have little impact on the transportation systems. Under
the prior development proposal with the current zoning, 66 dwelling units were proposed.
With the zone change, there would be a slight reduction in the number of units due to a
reconfiguration of the design. WGM Group prepared a traffic impact study ("TIS") in
March 2022 which recommended no mitigation. Based on comments from Public
Works, the TIS should be updated to address a drop in the level of service at Triple Creek
and Three Mile Drive. With impacts to the transportation system appropriately mitigated,
the zoning request would be appropriate.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an emergency.
There are no features related to the property which would compromise the safety of the
public. All municipal services including police, fire protection, water and sewer service are
currently available to the area.
4. Will the requested zone promote the public health, safety and general welfare?
As with safety from fire and other dangers, the general health, safety, and welfare of the
public will be promoted through general city regulations designed to regulate allowable
uses when the property is developed. In this case, the requested zoning classification,
particularly in conjunction with the PUD overlay, will promote the health and general
welfare by restricting land uses to those that would be compatible with the adjoining
properties and those in the vicinity.
5
5. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for development occurring on this site are
established in the Kalispell Zoning Ordinance and PUD to ensure adequate light and air is
provided.
6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
All public services and facilities are available to the property. Specific details for provision
of services are addressed as part of the PUD and preliminary plat
7. Will the requested zone promote compatible urban growth?
The subject property is located between Three Mile Drive and Two Mile Drive to the east
of West Springcreek Road. It is in a transitional area between urban residential
development and single-family homes in existing county subdivisions and tract land. The
general area has included significant residential growth over the past 20 years, as well as
the addition of the bypass to the east that includes an interchange with Three Mile Drive.
The development trend in the area based on existing uses and proposed projects is
primarily single-family/townhouse with a mix of multi -family and neighborhood
commercial uses. It is expected that additional development will occur in the vicinity
that would continue that trend and this zone would fit within that type of development.
8. Does the requested zone give consideration to the character of the district and its particular
suitabili . for particular uses?
The proposed zoning districts are consistent with the development trends of the area. They
also give due consideration of the suitability of this property for the allowed uses in the
zoning district, such as proximity of city services.
9. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the zones will promote
compatible and like uses on this property as are likely to develop on other properties in the
area. Future development in the area will be reviewed for compliance with the dimensional
standards and design review criteria to ensure its appropriateness for the area and
compatibility with the surrounding neighborhoods as they develop.
10. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
Urban scale development should be encouraged in areas where services and facilities are
available. In this case, water mains and sanitary sewer both run through the site. The
proposed zoning is consistent with the proposed growth policy future land use
designation and is compatible with current zoning in the immediate area.
10
IL EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL
The intent of a PUD district is to serve as an overlay zoning district. The district shall function in
concert with one or more of the underlying zones to provide a comprehensive, integrated
development plan which will serve to modify the underlying zone and, where appropriate,
subdivision standards with the intent of providing flexibility of architectural design and density
as well as providing the option to mix land uses and densities while preserving and enhancing the
integrity and environmental values of an area.
The Aspen Creek West PUD would provide a layout of 20.0-acres, providing a mixture of
attached and detached single-family homes (brown are attached single-family/townhomes;
yellow are detached single-family). The PUD will be a residential PUD and function in concert
with the proposed R-3 underlying zone.
FALL BUILD INFORMATION
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Sections 27.19.020(4) of the zoning regulations provide that the planning board shall review the
PUD application and plan based on the following criteria:
A. The compliance of the proposed PUD with the city growth policy and, in particular,
density and use policies of the plan.
7
The proposed development is located within the Suburban Residential land use category. The
proposed R-3 zoning district fits within that designation under the zoning ordinance. The Kalispell
Growth Policy Plan -IT 2035 and the zoning would contemplate suburban residential
neighborhoods at densities of up to four dwelling units per acre. Densities are based on gross
developable area. The overall density within the PUD would be about 3.9 units per acre based on
60 total units within the developable area.
The Kalispell Growth Policy Plan -It 2035 also includes the following policies:
Chapter 4, Land Use Housing (9): On larger tracts of land, creative design and a mix
of housing types is encouraged within the overall density requirements to create more
dynamic neighborhoods, to provide more open space, and to protect sensitive resource
areas.
Chapter 4, Land Use Housing (14): A variety of housing types and compatible land
uses are encouraged in residential areas and should be designed to fit scale and character
of the neighborhood. Where necessary, developers should utilize the Planned Unit
Development (PUD) process to craft development proposals that are both innovative and
creative, while maintaining the integrity and values of the community.
The proposal calls for a mix of attached and detached single-family development utilizing the
PUD process. There are bike and pedestrian paths that would extend throughout the
development and along the development frontages which connect to the greater community. The
requested PUD can be found to comply with the Suburban Residential land use designations, as
well as policies found within the Housing section of the Kalispell Growth Policy Plan -It 2035.
B. The extent to which the PUD departs from the underlying zoning and the reasons
why such departures are or are not deemed to be in the public interest, and the
mitigating conditions that the PUD provides to address the deviations.
(1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The
request reduces minimum lot area to 3791 square feet for the attached single-
family/townhome lots. Minimum lot area for single-family lots would be maintained at
6000 square feet. The overall density of the development relies on open space to create
the community feel intended for the neighborhood, and the intent of the underlying
zoning is met. In areas with townhomes, 3000 square feet per sublot is a typical size.
The requested deviation is appropriate.
(2) Lot Width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. This
request would reduce the lot width requirement for the townhome lots, which would be
reduced to 40 feet. That width is fairly typical of townhouse style construction and is a
width that does not require alleys under the subdivision regulations. The requested
deviation is appropriate.
C. The extent to which the PUD departs from the subdivision regulations (if
subdivision is anticipated) and the public works standards for design and
construction applicable to the subject property, the reasons why such departures
are deemed to be in the public interest, and the mitigating conditions that the PUD
provides to address the deviations;
(1) Road Sections: Section 28.3.14 — The subdivision regulations and the Standards for
Design and Construction contain design criteria for roads. The proposal includes an
alternative design for a private street in the northern area of the development. The
deviation, which is necessary due to the available area between the creek/wetland and the
existing Three Mile Drive right-of-way, would reduce the landscape boulevard on the
north side of the street from nine feet to four feet and eliminate the boulevard on the
south side of the street to accommodate driveways. It would include pedestrian facilities
with a bike path along Three Mile Drive and paths through the park to the south of the
townhomes served by the street along with a pedestrian connection to the southern part of
the development across the creek. Ideally, the path should be located within public right-
of-way with a potential dedication of additional right-of-way along Three Mile if
necessary, but developments to the east and west have placed the bike path within a
public easement, which would also be acceptable. With the existing buffering between
Three Mile and the subject property and the available area for development, the design is
reasonable in this situation.
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Additionally, there are deviations of the certerline radii on two curves on Triple Creek
Drive that were designed at 130 feet rather than the currently required 200 feet. This
deviation is a result of the prior approved PUD and partial development of the property
which established the road right-of-way and installed utilities, including the Westside
Interceptor. The requested deviations related to road design are appropriate.
D. The overall internal integrity of the PUD including the appropriate use of internal
design elements, the use of buffers between different land uses, the use of transitions
between uses of greater and lesser intensity, the use of enhanced design features to
provide connectedness for both vehicle and pedestrian traffic throughout the PUD
and the use of innovative and traditional design to foster more livable
neighborhoods;
The PUD is planned as a community that includes single-family and townhouses, which is
consistent with the surrounding developments. While specific buffering is not necessary, the
development's layout is designed around an existing home and places higher density townhomes
9
towards the center of the property and along Three Mile Drive with more traditional detached
single-family lots on the perimeter border existing neighborhoods. The design also incorporated
pedestrian features along the streets and through the park areas, utilizing an exiting driveway
crossing the creek to create a pedestrian connection between the northern and southern areas of
the development.
E. The nature and extent of the common open space in the planned development
project, the reliability of the proposals for maintenance and conservation of the
common open space and the adequacy or inadequacy of the amount and function of
the open space in terms of the land use, densities and dwelling types proposed in the
plan;
The plan includes homeowners' parks totaling 1.95 acres, in addition to open space.
Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 1.8
acres for the development (or the equivalent value in land with improvements). Each phase will
be required to provide at least the minimum amount of parkland to support that phase. The parks
will include amenities that will be determined during the course of the detailed subdivision
design review in conjunction with the Parks Department. The proposal includes covenants and a
management plan providing for maintenance of the shared facilities.
PARKS, TRAILS, & OPEN SPREE
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F. The manner in which said plan does or does not make adequate provision for public
services, provide adequate control over vehicular traffic and further the amenities
of light or air, recreation and visual enjoyment;
Public service facilities and infrastructure are adequate for the development of this site. Any new
improvements to the property such as internal roads, storm water facilities and water/sewer
connections would be installed in accordance with city policies and standards at the developers'
expense. A Traffic Impact Study was completed by the developer and discussed below.
Water: Water to the development will be provided by the City of Kalispell. The developer will
tie into an existing water main extension that runs through the subject property as well as provide
an extension along Three Mile to serve the northern portion of the subdivision. They will then
extend the mains throughout the development. The water system will be reviewed and approved
by the Kalispell Public Works Department as part of the development of the project under the
Standards for Design and Construction. The water main extension should continue in Three
Mile Drive to the west extent of the property instead of entering the private road. This design
will allow for easier future connection and extension. The water main extension along Three
Mile Drive needs to follow the Water Facility Plan which shows the extension as 18" PVC. If
available, the City will participate in the upsize of this main with impact fees. If impact fees are
not available, the property owner can develop a latecomer's agreement with the City to
reimburse the upsize costs. Additional review will be required as part of the detailed engineering
review as part of the subdivision process. There is adequate capacity within the city's water
system to accommodate this subdivision.
Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The developer will tie
into the existing Westside Interceptor that goes through the property as well as provide an
extension along Three Mile Drive to serve the northern portion of the subdivision. They will
then extend sewer mains throughout the development. The sewer system will be reviewed and
approved by the Kalispell Public Works Department as part of the development of the
subdivision under the Standards for Design and Construction. The sewer main extension should
continue in Three Mile Drive instead of entering the private road. Additional review will be
required as part of the detailed engineering review as part of the subdivision process. There is
adequate capacity within the city's sewer system to accommodate this subdivision.
Solid Waste: Solid waste collection can be provided throughout the subdivision by the City of
Kalispell.
Access and Roads: The development has frontage on Three Mile Drive and connections to the
subdivision to the east via Triple Creek Drive and to the west via Triple Creek Drive and
Eastland Drive. Those future connections were established as part of the subdivision approval
for those subdivisions to allow a connection to this property when it develops as well as to
provide secondary access for the subdivision to the east.
Internal streets would include streets built to local design standards pursuant to the Standards for
Design and Construction including, but not limited to, sidewalks, landscape boulevard,
streetlights, and curb/gutter. The road in the northern portion of the subdivision would have an
11
alternative design with a design deviation as part of the PUD and would be maintained as a
private road. There would also be a design deviation relating to the curves in Triple Creek
Drive. Both deviations are discussed above relative to subdivision regulation deviations.
Control over vehicular traffic: WGM Group prepared a traffic impact study ("TIS") in March of
2022. The traffic impact study analyzed the full buildout of the proposed development. The
traffic study was prepared using standard techniques to forecast traffic volumes and operations at
the approaches and nearby intersections. The report recommended no mitigation. However,
under the city Standards for Design and Construction, the development is required to maintain or
improve the existing level of service for the affected roadways. Based on comments from Public
Works, the TIS should be updated to address a drop in the level of service at Triple Creek and
Three Mile Drive. After review and acceptance of the updated TIS by Public Works, any
recommended mitigation should be implemented.
Storm Water: Roadways will be paved and curb/gutter will channel runoff to designed low points,
where storm water will be collected and routed to storm water ponds. Any open storm water
facilities should have an elevated aesthetic design to be reviewed and approved by the city
Architectural Review Committee. Storm water runoff from the site shall be managed and
constructed per the City of Kalispell Standards for Design and Construction and storm water
management program. Final design will be approved by the Kalispell Public Works Department
prior to development. The storm water ponds will be required to be on utility lots, and access for
maintenance of the ponds needs to be provided in accordance with city standards. Additionally,
prior to development of the subdivision or receiving any building permits, the developer will need
to submit a construction storm water management plan to the Public Works Department. This plan
will need to show how storm water will be treated and where it will be directed during construction
activities.
Schools: The property is within the boundaries of School District 91 (West Valley) and Glacier
High School. On average, it would be anticipated that there would be about 30 students (K-12)
at full build -out. Section 76-3-608(1) of the Montana Code Annotated states that the governing
body may not deny approval of a proposed subdivision based solely on the subdivision's impacts
on educational services.
Police: Police services will be provided by the Kalispell Police Department. The department can
adequately provide service to this subdivision.
Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The
department can adequately provide service to this development. Additionally, the road network
to the subdivision provides adequate access for fire protection. As part of subdivision review, fire
protection, including fire flow and hydrant location, will be reviewed. Fire station 62 is located
approximately 1.85 miles away providing good response time.
Parks: The plan includes homeowners' parks totaling 1.95 acres, in addition to open space.
Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 1.8
acres for the development (or the equivalent value in land with improvements). Each phase will
be required to provide at least the minimum amount of parkland to support that phase. The parks
12
will include amenities that will be determined during the course of the detailed subdivision
design review in conjunction with the Parks Department. The proposal includes covenants and a
management plan providing for maintenance of the shared facilities.
G. The relationship, beneficial or adverse, of the planned development project upon the
neighborhood in which it is proposed to be established;
The subject property is in an area which is a transition between urban and rural, with existing
residential development (both city and county) in the immediate vicinity. This development
would continue that trend. There is existing infrastructure (both water and sewer mains) running
through the property as well as access to the transportation system, which helps allow the project
to fit within the neighborhood. It is expected that similar additional development will occur
throughout the area given the availability of services, location within the annexation boundary,
and the growth policy. This project would fit within that overall trend. With the existing
established residential neighborhoods in the surrounding area, it is important that the
development fit within the neighborhood in terms of services, aesthetics, and impact as discussed
elsewhere in this report.
H. In the case of a plan which proposes development over a period of years, the
sufficiency of the terms and conditions proposed to protect and maintain the
integrity of the plan which finding shall be made only after consultation with the
city attorney;
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The phasing plan shows two phases. Phase 1, shown in tan, is anticipated to be constructed in
2022/2023. Phase 2, shown in blue, is anticipated to be constructed in 2023/2024. A
preliminary plat was submitted for both phases. Section 27.19.020(10) of the zoning ordinance
outlines procedures for abandonment/expiration to be followed if the PUD fails to comply with a
completion schedule. Part of the requirements of the PUD is that the developer would enter into
an agreement with the City of Kalispell to adequately ensure that the overall integrity of the
development, the installation of required infrastructure, architectural integrity and proposed
amenities, are accomplished as proposed. A recommended condition of approval for the PUD
would require this agreement be in place prior to filing the final plat for the first phase of the
proj ect.
L Conformity with all applicable provisions of this chapter.
Section 27.19.030(2) of the zoning ordinance allows for Residential PUDs in an R-3 zones with
a minimum of two developable acres. Density should not exceed four units per acre given the
growth policy designation. Density in the development is at about 3.9 units per acre in the
developable area. The proposal meets those requirements. No other specific deviations from the
Kalispell Zoning Ordinance or Subdivision Regulations can be identified based upon the
information submitted with the application other than those addressed in this report.
III. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT
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The preliminary plat submitted with the application encompasses the full 20 acres of the property
with 30 detached single-family lots, 29 attached single-family/townhouse lots, and an existing
home, for 60 total dwelling units. Also included are 1.95 acres of parkland, 4.86 acres of
wetland and creek related area, and 0.91 acres of open space and storm water facilities.
A. Effects on Health and Safety:
Fire: The property would be considered to be at low risk of fire because any building
constructed within the subdivision would be built in accordance with the International
Fire Code and have access which meets city standards. The area to be built upon does not
have steep slopes or woody fuels. Hydrants will be required to be placed in compliance
with the requirements of the fire code and approved by the Fire Chief.
Access: The access to the northern area of the subdivision would come from Three Mile
Drive with a provision for a future extension to the east parallel to Three Mile. The
southern area would have connections to the east through Aspen Creek and to the west
through Spring Creek Estates. The road connecting to each subdivision has been
roughed -in for a number of years and currently provides emergency access for the
existing developments.
Geology: The overall site is generally flat without any major topographical or geological
features limiting development, although there are steep slopes related to the creek that are
outside of the area being developed. A Geotech report is being prepared analyzing the
site, but has not been submitted with the application. Based on prior development in the
area, it is not anticipated that there will be significant issues associated with the property.
However, a Geotech report is a requirement prior to any development occurring on the
site and will need to be submitted prior to any review of engineering plans for the project.
Additionally, the environmental assessment submitted by the applicant noted that the
"existing condition of the site requires cuts and fills to mitigate the previous earthwork
throughout the site. By the time the site grading has been complete, there should not be
any excessively steep slopes upon which roads or building sites will be constructed. All
cuts and fills will be done in accordance with geotechnical recommendations and erosion
will be properly mitigated according to both DEQ and City of Kalispell requirements." A
grading plan was not included with the application and the full scope of the cut and fill is
not known at this time. It is recommended that both the Geotech report and a grading
plan 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.
15
Flooding: The subject property is
primarily located outside of the
100-year floodplain per the Flood
Insurance Rate Map (and
30029C1805J, effective date of
November 4, 2015). There is
floodplain running through the
property (shown in orange) and is
contained in common open space,
which will remain undeveloped
other than improvements to the
existing driveway crossing as part
of converting the crossing to a
pedestrian path. A floodplain
development permit and related
permits from the Corps of
Engineers, the Conservation
District, and other agencies may be
required depending upon the
specific design.
B. Effects on Wildlife and Wildlife Habitat:
There is a creek and associated wetlands along the middle of the property which would
provide some aquatic and riparian habitat. There does not appear to be any significant
wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy
includes information from the Montana Department of Fish, Wildlife and Parks which
shows that the property does not provide important riparian wildlife habitat. It also
includes information relating to deer, elk and moose habitat. As with the majority of the
Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5
to 30 per square mile, but no significant elk or moose habitat. The creek and wetlands
would be protected with a 100-foot required setback to any property lines from the
wetlands, and a 100-foot setback from the creek that allows only limited uses. Prior to
construction, the developer will need to submit an erosion/sediment control plan for
review and approval which will help protect the habitat during construction.
C. Effects on the Natural Environment:
Surface and groundwater: The subdivision will be served by public water and sewer
thereby minimizing any potential impacts to groundwater. According to the
environmental assessment, wells in the area would indicate groundwater depth of about
ten feet, and the level of the creek would also provide some indication of the groundwater
depth. The groundwater level should be confirmed with the Geotech report.
16
Drainage: Roadways will be paved and curb/gutter will channel runoff to designed low
points, where storm water will be collected and routed to storm water ponds. Any open
storm water facilities should have an elevated aesthetic design to be reviewed and
approved by the city Architectural Review Committee. Storm water runoff from the site
shall be managed and constructed per the City of Kalispell Standards for Design and
Construction and storm water management program. Final design will be approved by the
Kalispell Public Works Department prior to development. The storm water ponds will be
required to be on utility lots, and access for maintenance of the ponds needs to be
provided in accordance with city standards.
A condition of approval requires that a property owners' association be created for the
maintenance of the common area which would include the common area drainage
easements. As part of the storm easement areas, the association will be required to mow
the area to reduce fire hazard and reduce spread of noxious weeds. In order to help
ensure the continued maintenance of the storm water facilities, 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.
Lastly, the developer is required to submit to the Kalispell Public Works Department an
erosion/sediment control plan for review and approval. These plans provide for managing
storm water on the site and include stabilizing the construction site through an approved
revegetation plan after site grading is completed.
Wetland and Watercourse Setbacks: Under Section 28.3.06 of the subdivision
regulations, a minimum 100-foot setback is required from wetlands to any proposed lot
boundaries. Under Section 28.3.07, a minimum 100-foot setback is required from Spring
Creek which allows only limited uses. All property lines are outside of the setback from
the wetlands, and there are no uses within the setback from the creek other than the
pedestrian crossing, which is an allowable use. It should be noted that, while the western
end of the private road with the hammerhead turnaround is about ten feet into the 100-
foot setback from the wetlands, that setback applies to property lines for created lots only.
It is outside of the setback from the creek and, in any case, street crossings subject to
certain conditions are allowable and would be met in this situation.
17
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D. Effects on Local Services:
Water: Water to the development will be provided by the City of Kalispell. The
developer will tie into an existing water main extension that runs through the subject
property as well as provide an extension along Three Mile to serve the northern portion
of the subdivision. They will then extend the mains throughout the development. The
water system will be reviewed and approved by the Kalispell Public Works Department
as part of the development of the project under the Standards for Design and
Construction. The water main extension should continue in Three Mile Drive to the west
extent of the property instead of entering the private road. This design will allow for
easier future connection and extension. The water main extension along Three Mile Drive
needs to follow the Water Facility Plan which shows the extension as 18" PVC. If
available, the City will participate in the upsize of this main with impact fees. If impact
fees are not available, the property owner can develop a latecomer's agreement with the
City to reimburse the upsize costs. Additional review will be required as part of the
detailed engineering review as part of the subdivision process. There is adequate
capacity within the city's water system to accommodate this subdivision. Proportionate
water rights shall be dedicated to the City of Kalispell per Section 28.3.08 of the
subdivision regulations.
18
Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The
developer will tie into the existing Westside Interceptor that goes through the property as
well as provide an extension along Three Mile Drive to serve the northern portion of the
subdivision. They will then extend sewer mains throughout the development. The sewer
system will be reviewed and approved by the Kalispell Public Works Department as part
of the development of the subdivision under the Standards for Design and Construction.
The sewer main extension should continue in Three Mile Drive instead of entering the
private road. Additional review will be required as part of the detailed engineering
review as part of the subdivision process. There is adequate capacity within the city's
sewer system to accommodate this subdivision.
Access and Roads: The development has frontage on Three Mile Drive and connections
to the subdivision to the east via Triple Creek Drive and to the west via Triple Creek
Drive and Eastland Drive. Those future connections were established as part of the
subdivision approval for those subdivisions to allow a connection to this property when it
develops as well as to provide secondary access for the subdivision to the east.
Internal streets would include streets built to local design standards pursuant to the
Standards for Design and Construction including, but not limited to, sidewalks, landscape
boulevard, streetlights, and curb/gutter. The road in the northern portion of the
subdivision would have an alternative design with a design deviation as part of the PUD
and would be maintained as a private road. There would also be a design deviation
relating to the curves in Triple Creek Drive. Both deviations are discussed above relative
to subdivision regulation deviations.
WGM Group prepared a traffic impact study ("TIS") in March of 2022. The traffic
impact study analyzed the full buildout of the proposed development. The traffic study
was prepared using standard techniques to forecast traffic volumes and operations at the
approaches and nearby intersections. The report recommended no mitigation. However,
under the city Standards for Design and Construction, the development is required to
maintain or improve the existing level of service for the affected roadways. Based on
comments from Public Works, the TIS should be updated to address a drop in the level of
service at Triple Creek and Three Mile Drive. After review and acceptance of the
updated TIS by Public Works, any recommended mitigation should be implemented.
Additionally, the subdivision regulations (Sec 28.3.25) require that the final plat 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" and the conditions of approval should require the note on the plat.
Schools: The property is within the boundaries of School District 91 (West Valley) and
Glacier High School. On average, it would be anticipated that there would be about 30
students (K-12) from the neighborhood at full build -out. Section 76-3-608(1) of the
Montana Code Annotated states that the governing body may not deny approval of a
proposed subdivision based solely on the subdivision's impacts on educational services.
19
E
Police: Police services will be provided by the Kalispell Police Department. The
department can adequately provide service to this subdivision.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department. The department can adequately provide service to this development.
Additionally, the road network to the subdivision provides adequate access for fire
protection. As part of subdivision review, fire protection, including fire flow and hydrant
location, will be reviewed. Fire station 62 is located approximately 1.85 miles away
providing good response time.
Parks and Recreation: The plan includes homeowners' parks totaling 1.95 acres, in
addition to open space. Subdivision regulations require a minimum of 0.03 acres of
parkland per dwelling unit, or 1.8 acres for the development (or the equivalent value in
land with improvements). Each phase will be required to provide at least the minimum
amount of parkland to support that phase. The parks will include amenities that will be
determined during the course of the detailed subdivision design review in conjunction
with the Parks Department. The proposal includes covenants and a management plan
providing for maintenance of the shared facilities.
It is imperative that these areas be well maintained for the visual aspects of the project
and the functionality of the parks, open space, and storm drainage areas. Therefore, staff
recommends that 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 taxes levied within the maintenance district shall be determined by the
Parks and Recreation Department with approvals by the Kalispell City Council.
Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient
capacity within the landfill to accommodate this additional solid waste generated from
this subdivision.
Medical Services: Ambulance service is available from the fire department and ALERT
helicopter service. Kalispell Regional Medical Center is approximately 1.65 miles from
the site.
Effects on Agriculture and agricultural water user facilities:
It is possible that the property was once used for agricultural purposes, but no farming or
other agricultural use has occurred on the property for at least the last several decades and
the property is surrounded by residential development. According to the Kalispell Growth
Policy Resources and Analysis Section, "Important Farmlands" map, the property does
not appear to include any prime farmland, even if irrigated.
Even if the property had a more substantial recent history of agricultural use, current
policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use: Natural
Environment, state the following:
20
Policy Encourage urban growth only on agriculture lands entirely within the city's
annexation policy boundary.
The subject property is entirely within the annexation policy boundary and was
previously annexed as part of the prior proposed development. By allowing higher
density development within the city's growth policy area, it can reasonably be expected
that more farmlands could be conserved because the availability of residential and
commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog
development.
F. Relation to the Kalispell Growth Policy:
The Kalispell Growth Policy Future Land Use Map designates the subject property as
Suburban Residential. The proposed zoning is supported by that designation. The City of
Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of
residential development that provides housing for all sectors and income levels within the
community. City services including sewer, water and streets are in the vicinity and
available to the subject property.
The property also falls within the Kalispell West Neighborhood Plan, which was adopted
in 2009. The plan anticipates this portion of the plan area to be developed to
accommodate growth in the short -to -medium term from the plan's adoption (within 15-
20 years).
G. Compliance with Zoning:
The request is in compliance with the R-3 zoning regulations, provided the specified
deviation requests are granted.
H. Compliance with the Kalispell Subdivision Regulations:
This request complies with provisions of the Kalispell Subdivision Regulations, provided
the specified deviation requests are granted.
RECONIMENDATIONS
1. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KZC-22-04 as findings of fact and recommend to the Kalispell City
Council that the zoning for the property be changed from R-2 (Residential) to R-3
(Residential) with a PUD overlay.
2. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KPUD-22-03 as findings of fact and recommend to the Kalispell City
21
Council that the PUD for Aspen Creek West be approved subject to the conditions listed
below:
3. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report #KPP-22-05 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat for Aspen Creek West be approved subject to the conditions
listed below:
CONDITIONS OF APPROVAL
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.
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.
22
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 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
23
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
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 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.
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
25
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.
26
u rAT
WGMGROUP
Community Values. Inspired Futures.
April 1, 2022
Kalispell Planning Department
201 1 st Avenue East
Kalispell, MT 59901
Attn: PJ Sorenson and Jarod Nygren
RE: Aspen Creek West Subdivision
Dear PJ and Jarod:
On behalf of 520 Three Mile Drive Associates, LLC, please find attached the application for the Aspen
Creek West Preliminary Plat. This project was scheduled for a pre -application meeting in February and
completed a preliminary review with the WGM team and City staff.
The property is located on the west side of Kalispell (within the city limits), just south of Three Mile Drive
and in between Spring Creek Estates Subdivision Phase 1 and Aspen Creek Subdivision Phase 2. The
short legal description for this tract is 28N 22W Section 11, Tract 4D. The property address is 520 Three
Mile Drive, Kalispell, MT 59901. The property is approximately 20.00 acres, and is currently zoned R-
2, PUD. The proposed project conforms to the goals, policies, and maps of the Kalispell Growth Policy.
Attached is a digital file with the applications, supportive narratives, and drawings. Three checks in the
amount of $3000 for the PUD, $8,500 for the Preliminary Plat, and $950 for the Zone Change ($12,450
total) to cover the application fees for both the PUD and Phase One Preliminary Plat is also attached
and will be delivered in person with the thumb drive to the City of Kalispell Planning Department. We
are looking forward to working with the City on this project.
As always, thanks for your attention and please call if you have any questions.
Sincerely,
WGM Group, Inc.
Robin Spear Mike Brodie
Senior Landscape Architect Senior Project Engineer
MRC
cc: Mark Sanchez, File
431 1 sc Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Development Services
Department
2011st Avenue East
A11,11SPE11,11, Kalispell,(406) 58-77M
PLANNED UNIT DEVELOPMENT
Email: glanning(a)_kalispell.com Website: www.kwi.sodi.com
Project Name
Aspen Creek West Subdivision
Property Address
P20 Three Mile Drive, Kalispell, MT 59901
NAME OF APPLICANT
520 Three Mile Drive Associates, L.L.0 (Attn: Mark Sanchez)
Applicant Phone
1415-302-5507
Applicant Address
940 Emmett Ave., Suite 200
City, State, Zip
Belmont, CA, 94002
Applicant Email Address
mark@Allageprop.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
520 Three Mile Ddye AsSocuates. LLQ (Aftno Mark Sanchez)
Owner Phone
1415-302-5507
Owner Address 940 Emmett Ave., Suite 200
City, State, Zip Belmont, CA, 94002
Owner Email Address mark@villageprop.com
CONSULTANT(ARCHITECT/ENGINEER) WGM Group 7
Phone406-7556-4848
Address 431 1 st Ave. West
City, State, Zip Kalispell, MT, 59901
Email Address
rspear@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS Robin Spear :1
Phone 406-756-4848
Address 431 1 st Ave. West
city, state, Zip Kalispell, MT, 59901
Email Address
rspear@wgmgroup.com
List ALL owners (any individual or other entity with an ownership interest in the property):
520 Three Mile Drive Associates, L.L.0
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
See attached application, Section B
RS Please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
KALISPELL
Check One:
Present zoning of above property:
Initial PUD proposal
Amendment to an existing PUD Total gross acres of property:
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
R-2/PUD
20.00
Please provide the following information in a narrative format with supporting drawings or other format as needed (reference
27.19.020(3)):
a. An overall description of the goals and objectives for the development of the project.
b. in cases where the development will be executed in increments, a schedule showing the time within phase will be completed.
c. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the
reasons why such departures are or are not deemed to be in the public interest;
d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan;
e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian
access, recreational facilities and other applicable services and utilities.
f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed
use.
h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those
uses be mitigated.
i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy.
j. Include site plans,
drawings and schematics with supporting narratives where needed that includes the following information:
(1).
Total acreage and present zoning classifications;
(2).
Zoning classification of all adjoining properties;
(3).
Density in dwelling units per gross acre;
(4).
Location, size height and number of stories for buildings and uses proposed for buildings;
(5).
Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing;
(6).
Vehicle, emergency and pedestrian access, traffic circulation and control;
(7).
Location, size, height, color and materials of signs;
(8).
Location and height of fencing and/or screening;
(9).
Location and type of landscaping;
(10).
Location and type of open space and common areas;
(11).
Proposed maintenance of common areas and open space;
(12).
Property boundary locations and setback lines
(13).
Special design standards, materials and / or colors;
(14).
Proposed schedule of completions and phasing of the development, if applicable;
(15).
Covenants, conditions and restrictions;
(16).
Any other information that may be deemed relevant and appropriate to allow for adequate review.
If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of
the subdivision regulations.
Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building
permit shall be issued for any structure within the district unless such structure conforms to the provisions of the approved plan.
.0000001
CITY OF J
KALISPELL
APPLICATION PROCESS
(application must be received and accepted by
the Kalispell Planning Department 35 days
prior to the Planning Board Hearing)
Application Contents:
1. Completed application form
2. Electronic copy of the application materials submitted. Either copied onto a disk or
emaited to planning@kalispell.com (Please note the maximum file size to email is 20MB)
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
3. A bona fide legal description of the subject property and a map showing the location and
boundaries of the property.
*Note - verify with the Flathead County Clerk & Recorder that the legal description submitted
is accurate and recordable. They can be reached at (406) 758-5526.
4. If proposal invloves annexation, pre plat orother action please submit appropriate
application forms in addition to the PUD application
5. Application fee based on the schedule below, made payable to the City of Kalispell:
Residential (no subdivision) $1,000 + $125 per acre
Commercial(no subdivision) $1,200 + $100 per acre
Residential (with subdivision) $1,000 + $100 per acre
Commercial (with subdivision) $1,000 + $100 per acre
TOTAL APPLICATION FEE = $3,000
I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all
other submitted forms, documents, plans or any other information submitted as a part of this application, to be true,
complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection
with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other
appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the
property for routine monitoring and inspection during the approval and development process.
Three Mile Drive Associates, LLC, a Montana limited liability company
By: VPDC 2015, LLC, a Delaware limited liability company, its manager
Applicant Signature Debra L. Perry,
Date
4 /'� WGMGROUP
Community Values. Inspired Futures.
u
0 ASPEN CREEK WJZ4Z T PUD
The following is a narrative for the Aspen Creek West Planned Unit Development application. Also
included is the site plan, utility layout, and development applications for the PUD and preliminary plat.
a. An overall description of the goals and objectives for the development of the project.
Aspen Creek West PUD is on the western perimeter of Kalispell's Growth Policy Plan.
The property qualifies as an infill opportunity for the community of Kalispell due to
contiguous residential development to the east and west of the site, and the property's
relationship with the western edge of Kalispell's projected growth. The development has
two main areas intersected by the existing creek and riparian system; the northern
portion with townhomes and the southern portion with a mix of single-family and
townhomes to increase diversity of housing types. The development offers a contiguous
connection between Spring Creek Estates and the Aspen Creek subdivision through the
planned connection of Triple Creek Drive and Westland Dr. while the northern portion
will be accessed by Three Mile Dr. Given the history of past development of properties
adjacent to the proposed PUD and guidelines set in the Kalispell Growth policies, the
developer feels that the property is well positioned for residential development, and that
it is the right time to convert the parcel into an efficient setting for single-family lots and
townhome opportunities. The relationship of the property to existing key transportation
routes is also important in the parcel's attractiveness for future residential development.
b. In cases where the development will be executed in increments, a schedule showing
the time within phase will be completed.
Please refer to the attached PUD, as this project is proposed to be developed in one
phase with Phase 1A starting first. The PUD will take advantage of its relationship to
Three Mile Drive for the northern portion of the PUD and Westland Drive and Triple
Creek Drive for the southern portion of the PUD. Existing sewer and water mains have
been installed to anticipate the connection through Triple Creek Dr. The existing house
will remain as a separate parcel within the development.
C. The extent to which the plan departs from zoning and subdivision regulations including
but not limited to density, setbacks and use, and the reasons why such departures are
or are not deemed to be in the public interest;
431 1 sc Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Aspen Creek West
March 24th, 2022
Page 2 of 9
Currently the parcel is designated as R-2/PUD as the underlying zoning designation for
the site. We propose an R-3/PUD designation to tie into the "urban residential
development" goal to increase diversity and density of product type within the
development. This district is "intended to provide lot areas for suburban/urban residential
development; [This district] should have good thoroughfare access, and be in proximity
to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc.
Development within this district must be served by all public utilities. This zoning district
would typically be found in areas designated as suburban residential or urban residential
on the Kalispell Growth Policy Future Land Use Map." The entirety of the proposed PUD
site is designated as "Suburban Residential" in the Kalispell Growth Policy Plan. The
20-acre property is proposed to accommodate 60 residential dwelling units at an overall
density of 3.9 units per acre.
The 20-acre subject property has the following deviations:
• A Zoning Map Amendment to change from R-2 zoning district to R-3.
• An increased density from the minimum R-3 lot size of 6,000 sf to 3,791 sf
(Proposed R-3 zoning has minimum of 6,000 sf) with a PUD request from this
accommodate increased density while meeting the Growth Management Policy
intent.
• An allowance of single-family homes (R-2 zoning) and Dwelling — townhouse (2
attached units) (R-3 zoning) to accommodate more units per acre using R-3
zoning.
• An increased density from minimum lot width of 70 feet (R-2 zoning) to 40 feet
(R-3). Single-family lots as proposed are at 60 feet wide, whereas R-3 zoning
allows a minimum lot width of 50 feet. Dwelling — townhouse (2 attached and 3
attached units) for R-3 allows a minimum lot width of 50 feet but are requesting
40 feet to accommodate more units per acres while maximizing the intent of not
exceeding four (4) dwelling units per acre per the Kalispell Growth Policy - Plan
It 2035.
• Amending the setbacks of R-2 zoning from front yard — 20 feet, side yard — 10
feet, rear yard — 20 feet, and side corner — 20 feet to R-3 zoning setbacks of front
yard — 15 feet, side yard — 5 feet, rear yard — 10 feet, and side corner — 15 feet.
• The northern portion of the development has proposed a private roadway
meeting the Urban Local standard street detail with a deviation to the boulevard
width on the north side from 9' to 4', and the removal of the boulevard on the
south side to accommodate driveways. The development proposes a pathway
connection to the existing road (converted to a trail) to divert pedestrian and
bicycle traffic from behind the parked cars.
• The hammerhead located on the northwestern side of the project extends 10' into
the 100' wetland setback area (note this impacts grassland only) but will be
mitigated with additional native planting and trees within the park and open space
areas.
• The centerline radii of the two curves on the west side of Triple Creek Drive have
been designed at 130' each instead of the required 200' to align with the existing
road right of way and the existing utilities. This will provide continuity through the
Aspen Creek West
March 24th, 2022
Page 3 of 9
subdivisions by maintaining infrastructure that has already been installed and
provide additional traffic calming benefits.
The proposed PUD fits within the context of the Kalispell Growth Policy designations
with deviations requested for an increased density of the minimum lot area and
decreased minimum lot width.
d. The nature and extent of the common open space in the project and the provisions for
maintenance and conservation of the common open space; and the adequacy of the
amount and function of the open space in terms of the land use, densities and dwelling
types proposed in the plan;
The homeowner association (HOA) will be responsible for the maintenance and
conservation of the open spaces within the proposed PUD. The property will maintain
the Spring Creek riparian corridor that traverses through the upper third of the subject
property east to west, including wetlands. A trail connection will be made to the existing
and proposed system along Three Mile Drive to support the connectivity in other
contiguous subdivisions. Over 20% of the gross area of the PUD is dedicated to open
space with 9.75% of area dedicated to parks. The subject area will have open spaces
which will be accessed by a trail system which will inter -connect with sidewalks on the
interior street network. There is ample open space available to the proposed residential
component of the project along with connectivity into Kalispell's City Parks and Trails
system.
e. The manner in which services will be provided such as water, sewer, storm water
management, schools, roads, traffic management, pedestrian access,
recreational facilities and other applicable services and utilities.
The project will utilize existing City of Kalispell sanitary sewer and water infrastructure
available from the adjacent subdivisions and from the extension of the Triple Creek
portion of the West Side Sewer Interceptor that runs through the Aspen Creek project
site, with new sanitary sewer and water mains to be installed within the proposed roads.
The northern portion of the property will have new sanitary and water infrastructure
installed within the MDT right of way and connected to the systems to the east in Triple
Creek Dr. The northern lots will include individual grinder pumps for two of the lots which
cannot be easily served via gravity sewer due to grading constraints.
Aspen Creek West
March 24th, 2022
Page 4 of 9
3. .
................
Figure 1: Kalispell Utility Map
Storm water management will be achieved on -site by using storm -drainage retention
ponds or by release of pre -development runoff within the property including portions of
the park and open space network to follow the existing overland flow. Water quality
mitigation will be included and meet City of Kalispell Design and Construction
Standards.
The project is located in School District No. 1, The West Valley School District. This
development will likely house 150 residents which would translate to approximately 30
School aged children.
Figure 2: School District Map
Aspen Creek West
March 24th, 2022
Page 5 of 9
The primary route for ingress and egress to the property will be Three Mile Drive at the
north of the property accessed either directly (north of Bowser Creek) or via the adjacent
subdivisions using Triple Creek Drive. Triple Creek Drive is currently unimproved
between the Spring Creek Estates Subdivision and Aspen Creek Subdivision (Ph. 1 and
Ph. 2). Traffic for initial phases of the PUD will be primarily served by interior roads with
extensions to both Triple Creek Drive (an interior road connecting Spring Creek Estates
Subdivision to the west and Aspen Creek Subdivision to the east) and Eastland Drive.
A traffic impact study was performed and included with this application.
Figure 3: Access Map
Pedestrian and bicycle circulation will be accessed through sidewalks and the existing
roadway that will be converted to a multi -use path. The existing pathway will connect
the southern portion to the northern portion of the development and the open space
amenities and park.
f. The relationship, beneficial or adverse, of the planned development project upon
the neighborhood in which it is proposed to be established.
The neighborhoods to the east, west, and south of the proposed PUD are very similar
in nature and the intent is to tie into the character of the surrounding neighborhoods.
The existing Spring Creek Estates (contiguous to the west) is zoned Kalispell R-3 and
has lots with a minimum size of 6,000 square feet. Lots in Spring Creek Estates and
proposed at Aspen Creek West are similar in size to those proposed at Aspen Creek to
the east and the Cottage Gardens Subdivision (northwest to the proposed area). To the
east of the proposed PUD is Aspen Creek Phase 2 (Bowser Creek Estates PUD)
Subdivision which is a R-2 PUD with minimum lot sizes of 7000 square feet. To the
south lies Aspen Knoll Subdivision. The areas northwest and north of the proposed PUD
are agricultural land not zoned in the city. The proposed PUD represents a logical
Aspen Creek West
March 24th, 2022
Page 6 of 9
extension and infill to the current growth policy perimeter on Kalispell's Growth Policy
Plan and increases connectivity.
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the proposed use.
The proposed PUD represents a logical extension of residential growth on the west side
of the community of Kalispell. The subdivisions to the east and west were developed
with the intent of the proposed property to have Triple Creek Dr. extended through the
southern section, and another roadway connection made on the southwest side to
Westland Dr. These two planned connections provided direction for the layout of the
proposed subdivision and to match the perimeter character with single family homes. To
increase density and variety the applicant proposes townhomes in the interior portion of
the southern section where the space allowed for an alleyway to maximize infrastructure
on both sides.
The unique location of the existing home, driveway, and riparian area provides a
centralized green corridor that connects the northern and southern portions, and by
protecting most of the existing evergreen allee and drive through the center of the site
the community will have a distinct experience moving through the neighborhood into the
creek area and north towards the open spaces.
h. Where there are more intensive uses or incompatible uses planned within the
project or on the project boundaries, how with the impacts of those uses be
mitigated.
This project's uses are compatible with the site by bringing much needed density
intermixed with single family homes effectively blending it with the existing subdivisions
surrounding the site. Generally, the portions of the site abutting existing single family
homes have been matched on the project site with similar sized lots with the density
concentrated more at the center of the property. This integration of attached and
detached homes provides the opportunity for varied pricing structures for the different
units while creating a cohesive development. The proposed plan promotes low -stress
infrastructure to promote walkability, connectivity, and bike trips through the subdivision
and surrounding areas.
How the development plan will further the goals, policies and objectives of the
Kalispell Growth Policy.
The proposed PUD conforms with the map and policies set forth in the Kalispell Growth
Policy by incorporating an "urban residential" growth pattern and increases the
availability of housing units within the City limits, providing additional tax base for
infrastructure improvements. The project also fosters the following:
Aspen Creek West
March 24th, 2022
Page 7 of 9
• Alternative housing for different price points.
• Connectivity between residential and commercial areas to the east.
• Pedestrian and bicycle connectivity throughout neighborhoods and Three -Mile
Drive which encourages walkability and connectivity to other neighborhoods and
amenities. Provides trail continuity along Three -Mile Drive to schools and
recreation amenities.
• Maintains the integrity of the existing riparian and creek area within the site and
protects existing open spaces while creating new park amenities for the
community. Provides the protection of existing wildlife habitat along the creek.
• Utilizes and connects to existing sanitary sewer and water systems, minimizing
the need for additional systems to be installed.
j. Include site plans, drawings and schematics with supporting narratives where
needed that includes the following information:
(1). Total acreage and present zoning classifications;
20.00 Acres currently zoned City of Kalispell R-2/PUD
(2). Zoning classification of all adjoining properties;
Figure 4: Adjacent Zoning Map
(3). Density in dwelling units per gross acre;
Aspen Creek West
March 24th, 2022
Page 8 of 9
R-3/PUD six (3.9) dwellings per acre
(4). Location, size height and number of stories for buildings and
uses proposed for buildings;
See Proposed PUD Site Plan, sheet C1.3 Site for lot locations.
Setbacks based on R-3 zoning. One and two stories not to exceed
35 feet in height.
(5). Layout and dimensions of streets, parking areas, pedestrian
walkways and surfacing;
See Proposed PUD Site plan, sheet C1.6 Sections
(6). Vehicle, emergency and pedestrian access, traffic circulation
and control;
See Proposed PUD Site plan for road layout, trail layout, and
sidewalk access. Vehicular and emergency access will be along the
extensions of Triple Creek Dr., Westland Dr., and Three Mile Dr.
(7). Location, size, height, color and materials of signs;
Proposed sign designs will be developed with the detailed landscape
plans and be approved by ARC.
(8). Location and height of fencing and/or screening;
To be determined but will be based on code compliance.
(9). Location and type of landscaping;
To be determined. A preliminary schematic is shown in the
illustrative and will be developed with the construction document
submittal.
(10). Location and type of open space and common areas;
See Proposed PUD Site Plan, sheet C1.9 Parks and Trails
(11). Proposed maintenance of common areas and open space;
See CCRs, Section 2. Purpose of Assessments
(12). Property boundary locations and setback lines
See Proposed PUD Site Plan, sheet C1.3
(13). Special design standards, materials and / or colors;
See "Design Guidelines"
Aspen Creek West
March 24th, 2022
Page 9 of 9
(14). Proposed schedule of completions and phasing of the
development, if applicable;
There is no Phasing Plan as this project is a complete development
at one-time for full build -out.
(15). Covenants, conditions and restrictions;
See CCRs
(16). Any other information that may be deemed relevant and
appropriate to allow for adequate review.
Not applicable
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Development Services
`i j Y Department
2011st Avenue East
Phone (406) 758-7940
KALISPE,, hone 41 RAT5-7%
MAJOR SUBDIVISION PRELIMINARY PLAT
Email: planninQ(a-kalispell.com Website: www.kalisppjl_cnm
Project Name
Aspen Creek West Subdivision
Property Address
520 Three Mile Drive, Kalispell, MT 59901
NAME OF APPLICANT
520 Three Mile Drive Associates, LLC (Attn: Mark Sanchez)
Applicant Phone
415-302-5507
Applicant Address 940 Emmett Ave., Suite 200
cam' State, Zip Belmont, CA, 94002
Applicant Email Address
mark@villageprop.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the appilcation.
OWNER OF RECORD 520 Three Mile Drive Associates, LLC (Attn: Mark Sanchez
Owner Phone 415-302-5507
Owner Address 940 Emmett Ave., Suite 200
CRY, State, Zip Belmont, CA, 94002
Owner Email Address mark@viliageprop.com
CONSULTANT (ARCHITECT/ENGINEER) WGM Group
Phone 406-756-4848
Address
431 1 st Ave. West
City, State, Zip
Kalispell, MT, 59901
Email Address
rspear@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS Robin Spear
Phone 501-286-9291
Address
431 1 st Ave. West
City, State, Zip
Kalispell, MT, 59901
Email Address
rspear@wgmgroup.com
List ALL owners (any individual or other entity with an ownership interest in the property):
520 Three Mile Drive Associates, LLC
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
See attached application, Section B
RS Please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
cilry OF
KALISPELL
GENERAL DESCRIPTION OF SUBDIVISION:
Number of lots or rental spaces 60
Total Acreage in lots &7
Total Acreage in streets or roads 3.6
Total acreage in parks, open spaces and/or
common spaces 7.7
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTSISPACES:
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
Total Acreage in subdivision 20.00
Minimum size of lots or spaces 3,791 SF (TOWNHOUSE)
Maximum size of lots or spaces 36,087 SF
Single Family 31 units Townhouse 29 units Mobile home/RV Park
Comm erciallindustrial Multi -family Other
APPLICABLE ZONING DESIGNATION & DISTRICT: R-3, P U D
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS: 62,852
PROPOSED EROSION/SEDIMENT CONTROL: BIVIP's: Silt fencing, h
ARE ANY SUBDIVISION VARIANCES REQUESTED? yes (YES/NO)
APPLICATION PROCESS
(application must be received and accepted by the
Kalispell Planning Department 35 days prior to the
Planning Board hearing)
A pro -application meeting with the planning staff is required.
, blanket if necessary, SD
If yes please complete a separate subdivision variance application
1. Completed preliminary plat application
2. Copy of pre -application meeting form and any required submittals listed on the form
3. One reproducible set of supplemental information. (See appendix A of the Subdivision Regulations)
4. One reduced size copy of the preliminary plat not to exceed 11"x17 in size
5. Electronic copy of the application materials, including the preliminary plat, either copied
onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to
email is 20MB)
6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property
'Note - verify with the Flathead County Clerk & Recorder that the legal
description submitted is accurate and recordable. They can be reached at
(406)758-5526.
7. Environmental Assessment (see appendix B in subdivision regulations) if applicable.
8. Application fee based on the schedule below made payable to the City of Kalispell:
Major Subdivision $1,000 + $125 per lot
Major Subdivision Resubmittal $1,000
for each original lot unchanged add add $10 per lot
for each lot re-designed/added add add $125 per lot
Mobile Home Parks & Campgrounds
6 more more spaces
$1,000 + $250 per space
5 or fewer spaces
$400 + $125 per space
Amended Preliminary Plat
amendment to conditions only
$400 base fee
re -configured proposed lots
base fee + $40 per lot
add additional lots or sublots
base fee + $125 per lot
TOTAL APPLICATION
FEE = $8,500
I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted
forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my
mowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that an,
approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the
Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process.
Three Mile Drive Associates, LLC, a Montana limited liability company
By: VPDC 201 LLC, a Delaware limited liability company, its manager
By:_ P �/yisvC�pilt, A-- 3/25/2022
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Development Services
Department
Kalispell, MT 59901
KA11,11SPE11,11, 201 Avenue East
Phonee (406) 758-7940
ZONING MAP AMENDMENT
Email: Planning malispell.com Website: www.kaliscell.co
l.com
Project Name Aspen Creek West Subdivision
P
Property Address ,
520 Three Mlle Dr., Kalispell, IVIT
NAME OF APPLICANT
520 Three Mile Drive Associates, L.L.0 (Attn: Mark Sanchez)
Applicant Phone
415-302-5507
Applicant Address 940 Emmett Ave., Suite 200
City, State, Zip Belmont, CA, 94002
Applicant Email Address
mark@villageprop.com
If not current owner, please attach a letter from the current owner authontzing the applicant to proceed with the application,
OWNER OF RECORD
520 Three Mile Drive Associates, LLC (Attn: Mark Sanchez)
Owner Phone
415-302-5507
Owner Address
940 Emmett Ave., Suite 200
City, State, Zip
Belmont, CA, 94002
Owner Email Address
mark@villageprop.com
CONSULTANT (ARCHITECT/ENGINEER) WGM Group / Robin Spear
Phone 406-756-4848
Address 431 1 st Ave E
Cam, State, Zip Kalispell, MT 59901
Email Address
rspear@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS
WGM Group I Robin Spear
Phone
406-756-4848
Address 431 1 st Ave E
City, State, Zip Kalispell, MT 59901
Email Address
rspear@wgmgroup.com
List ALL owners (any individual or other entity with an ownership interest in the property):
520 Three Mile Drive Associates, LLC
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
See attached application, Section B
RS Please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
Development Services
—ODepartment
KA
ILISPEL� 2013st Avenue East
Kalispell, NIT 59901
Phone (406)7W7940
Land in zone change (acres):
20.0 (gross) R-2, 20.0 acres to R-3
Present zoning of above property: R-2 PU D Proposed zoning of above property: R-3 PUD overlay
State the changed or changing conditions that make the proposed amendment necessary:
The proposed planned unit development is proposed to be denser than this zoning will allow, and does not allow for Townhomes or smaller lot sizes for diversity
This density is in compliance with the City of Kalispell Growth policy. See attached Narrative.
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet w/ answers):
a. Promoting the Growth Policy
b. Lessening congestion in the streets and providing safe access
c. Promoting safety from fire, panic and other dangers
d. Promoting the public interest, health, comfort, convenience, safety and general welfare
e. Preventing the overcrowding of land
f. Avoiding undue concentration of population
g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities
h. Giving reasonable consideration to the character of the district
1. Giving consideration to the peculiar suitability of the property for particular uses
j. Protecting and conserving the value of buildings
k. Encouraging the most appropriate use of land by assuring orderly growth
1 hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted
forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of
my knowledge. Should any information or representation submitted in connection with this application be inorrect or untrue, I understand
that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for
the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process.
Three Mile Drive Associates, LLC, a Montana limited liability company
By: VPDC 2015, LLC, a Delaware limited liability company, its manager
By: ( 3/25/2022
Applicant Signature Debra L. Perry, Vice Pre I
ent Date
t r1'Y OF�
KAILI[SPEILIL
APPLICATION PROCESS
(application must be received and accepted by the Kalispell
Planning Department 35 days prior to the Planning Board
Hearing)
A pre -application meeting with a member of the planning staff is required.
Application Contents:
1. Completed application form & attachments
2. Petition for zone change signed by the real property owner(s).
Development Services
Department
2011st Avenue East
Kattspett, MT 59901
Phone (406) 758-7940
3. A bona fide legal description of the subject property and a map showing the location and boundaries of the property.
*Note - verify with the Flathead County Clerk & Recorder that the legal description
submitted is accurate and recordable. They can be reached at (406) 7585526.
4. Electronic copy of the application materials submitted. Either copied onto a disk or emailed
to planning@kalispell.com (Please note the maximum file size to email is 20MB)
5. Application fee based on the schedule below, made payable to The City of Kalispell:
Zone Change: Base Fee $550
*for the first 80 acres of area of the request add $20 per acre $20x20=$400
*for the next 81+ acres add $10 per acre
TOTAL APPLICATION FEE = $950
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
a. Promoting the Growth Policy
The development plan will meet the Land Use/Housing goal of the Kalispell Growth Policy PLAN -IT
2035 which is to "provide an adequate supply and mix of housing that meets the needs of present
and future residents in terms of cost, type, design, and location." This is further described in the
PUD application. The proposed zoning change will allow for additional residential types and uses
as the policy notes: "city regulations should maintain incentives to provide for varied affordable
housing types" the proposed change to RA-3 would allow townhome buildings to achieve a density
to promote attainable housing costs.
With the inclusion of a commercial component in the development, the following Business and
Industry policies are met:
"Urban Mixed -Use Areas:
Allow a compatible mix of higher -intensity uses including office as well as some
commercial and light industrial; medium and high -density residential and public
facilities. "
Zoning [Color]
B-1 NEIGHBORHOOD BUSINESS
' B-2 GEN ESAL BUSINESS
' B-3 CORE AREA BUSINESS
. B-4 CENTRAL E USI NESS
G4
' B-S INDUSTRIAL -BUSINESS
' H-1 HEALTH CARE
V LIGHT INDUSTRIAL
' 1 2 HEAVYINDUSTRIAL
PUBLIC
R-1 RESIDENTIAL
R-2 RESIDENTIAL
R-3 RESIDENTIAL
R-4 RESIDENTIAL
kkI R5 RESIDENTIALJPROFESSIONALOFFICE
' RA RESIDENTIALAPARTMENT
' RA RESIDENTIALAPARTMENT/OFFICE
❑ UNZONED RIGHTOF WAY
Figure 1: Growth Policy Map w. BPA Easement Shown
b. Lessening congestion in the streets and providing safe access
Upgrades to adjacent city roads (Three Mile Drive) and through connections on Triple Creek Dr.
and Westland Dr. will be completed as a part of any development of this property. These are
planned as urban collector and rural collector sections which are designed to accommodate large
amounts of traffic. The property is immediately adjacent to Three Mile Drive which allows for quick
access to US-93 Alternate (the Bypass), and to the downtown area. The through connections on
Triple Creek Dr. to Spring Creek Estates on the west and Aspen Creek Subdivision Phase 2 to the
east promotes walkability and connectivity between neighborhoods. The proposed trail on the
northern portion of the property will provide continuity to the existing trail system and allow for
easier access to the east to commercial and recreational amenities.
C. Promoting safety from fire, panic and other dangers
A proposed development would include city street sections as a part of the development and
adequate circulation throughout any interior site development, accommodating the residential
traffic, police, ambulance, and fire trucks. All of these would benefit from the road upgrades
required for development to Three Mile Drive as a part of this development. This subdivision will be
well accessed and near main routes of travel.
d. Promoting the public interest, health, comfort, convenience, safety and
general welfare
The proposed RA-3/PUD zoning would be an improvement from the existing R-2/PUD zoning due
to the allowed uses it would provide, specifically the flexibility of lot sizing and unit types that will
provide diversity of housing product at different price points. This will preserve open spaces and
access to the creek in this location, promote health by increasing walkability for residents and giving
them a place to walk, comfort would be promoted in the amenities provided by the zoning uses and
the ability to afford a place to live.
e. Preventing the overcrowding of land
This area has been planned for higher density residential and has been designated as an area
Kalispell intends to grow (per the Growth Policy). The proposed zoning change will allow for denser
a higher density of units, decreasing urban sprawl and meeting residential demands. It also
preserves existing open space features such as the alle of evergreen trees, existing open spaces,
and the opportunity for developing parkland to support the community.
f. Avoiding undue concentration of population
This area is well suited for population concentration and the proposed zoning would allow for a
holistic development to complement the neighborhood commercial, the surrounding neighborhoods,
as identified on the growth policy map. The area is well suited for the proposed zoning given its
vicinity to state highways, large city utility mains (water and sewer), the planned neighborhood and
commercial nodes planned to the west, and easy access to the downtown area via Three Mile
Drive.
g. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities
The location is well equipped with transportation and city utilities with significant infrastructure
improvements completed in the project vicinity recently. The project has a 12" water distribution main
as well as a 12" sewer main line located within the property limits. The utility mains were placed with
the intention of supporting large scale growth in the western portions of Kalispell. The mains are
capable of providing service to the additional density and total units the proposed zoning will generate.
In regard to schools, the additional density will provide additional tax basis and population to apply
school bonds to help cover potential future expansions.
The proposed zoning will allow smaller footprints of buildings by allowing them to provide density
vertically. The smaller footprint translates to more open space and park space. The proposed PUD
application includes over two acres of developed park space within the proposed zoning alone. This
park space is only possible with the added density and height limits of the R-3 zoning.
Additionally, the park system described above allows for continuation of the existing city/MDT multi
use path system to the center of this commercial node.
h. Giving reasonable consideration to the character of the district
Though the existing character of the district is largely farmland and undeveloped, large, planned
unit developments have been increasing in number on this side of town in accordance with the
growth policy. The area to the north is within the County with larger 4 acre residential lots, the area
to the east is Spring Creek Estates zoned R-2/PUD, the area to the west is Aspen Creek Phase 2
zoned R-3, and Aspen Knoll Phase 1 to the south is suburban residential. This is a logical location
for additional residential lots to be developed to provide continuity and connection between
surrounding land uses but with the benefit of protecting larger sections of open space and riparian
corridor.
Giving consideration to the peculiar suitability of the property for particular
uses
The site's vicinity to US highway 2 and Three Mile Drive/Farm to Market Road is particularly
suitable for dense residential development. It allows quick access for residents in and out of the
development, to the northern commercial area, to the downtown area, as well as to other areas of
the City or Greater Flathead Valley.
As previously discussed, the higher density residential zoning is peculiarly suitable to place next to
the adjacent properties designated for residential per the Growth Policy Map. The added
population in this location will create a need for supporting neighborhood connectivity to the east
and west and provide diversity to the housing availability in the City.
j. Protecting and conserving the value of buildings
One existing single-family residence exists on the property and will be preserved. Given the vicinity
of this project to other residential properties, it can be assumed the preservation of the open spaces
along the creek and the re -use of the existing road as a trail connection from north to south will
increase walkability and subsequent value of adjacent properties. The path system and proposed
open spaces are shown on the PUD map included with the PUD application.
Home Price Premium of One Walk Score Point-
All Homes
REDFIN
S+ 031
57,005
S6.000
5s,ao0
$4,0oa
$3.1100
s-_000
31,0ov
5imi
SO
19-20 39-4a S9-60
Figure 2: Walking Scores Equated to Home Values (Redfin.com)
51,704
S3,744
k. Encouraging the most appropriate use of land by assuring orderly growth
The City requires a Zoning change as a part of the proposed Planned Unit Development in an effort
to push for denser and appropriate land use in the area. The planned unit development process is
in place to allow the City to help guide more dense developments and encourage responsible,
orderly growth.
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting: A pre -application meeting with a member of the planning staff is
required.
B. Application Contents:
1. Completed application form.
Included.
2. Petition for zone change signed by the real property owners representing at least 65%
of the land area for which the change in zoning classification is sought.
Applicant is owner of 100% of property to be rezoned.
3. A map showing the location and boundaries of the property.
(COS and Zoning Map attached, Additional information Included in Preliminary
Plat(PUD Application)
4. A title report of the subject property.
(Included in Preliminary Plat(PUD Application)
5. Electronic copy of the application materials submitted. Either copied onto a disk or
emailed to (Please note the maximum file size to email is 20mg)
6. Application fee per schedule below, made payable to the City of Kalispell.
Zone Change: Base fee $550.00
For first 80 acres of area of the request add $20/acre
For next 81+ acres add $10/acre
20 Acres * $400 +$550 = $950.00 Fee Included
C. The application must be accepted as complete by the Kalispell Planning staff thirty five (35) days
prior to the date of the planning board meeting at which it will be heard in order that requirements
of state statutes and the zoning regulations may be fulfilled.
a
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LEGAL DESCRIPTION
PROPOSED ZONING ASPEN CREEK WEST
R-3 ZONE
Tract 2 of COS 16428
Beginning at the NE1/16 corner of said Section 11; thence S 890 40' 20" W, 766.60 feet along the
South boundary of the NW1/4 NE1/4 of said Section 11; thence leaving said South boundary, North
842.68 feet to the South boundary of Parcel B of COS 4218; thence N890 54' 45" E, 317.29 feet to the
Southest corner of said Parcel B; thence N 000 00' 23" E, 420.62 feet to the Northeast corner of said
Parcel B; thence S 890 56' 31" E, 508.71 feet to the Northeast corner of Parcel C of COS 4218; thence
S 020 41' 52" W 1261.31 feet to the point of beginning. Containing 20.00 acres of land.
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Kari Barnhart
From:
Eric Hanson <skimtl@gmail.com>
Sent:
Tuesday, May 10, 2022 7:06 AM
To:
Kari Barnhart
Subject:
EXTERNAL KPP-22-05, KPUD-22-03, and KZC 22 04
This plan is needed as recent growth is inevitable in the valley. Living near the development we ask the following:
1. Safer left hand turn in lanes off of Three Mile Drive. The impact turn to Heavens Peak will cause more traffic
congestion. If possible Insert at least if not one maybe two left hand turn lanes off of Three Mile Drive to assist will
traffic flow and noise.
2. Hate to state this, but the speed limit may need to lowered at least from 7:30 - 9:00 in the morning as even turning
right
onto Three Mile in the morning can be challenging with the impact of the development of Cottage drive. With more
vehicles congestion will be worse.
3. With the unknown to economy and a possible slow down, we ask for dust control during construction.
Thank you.