Ordinance 1910 - PUD Amendment - Stillwater Crossing Ph 1Return to:
Kalispell City Clerk
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Debbie Pierson, Flathead County MT by CL 8/23/2023 12.46 PM
ORDINANCE NO.1910
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE
STILLWATER CROSSING PHASE 1 PLANNED UNIT DEVELOPMENT ENACTED BY
ORDINANCE NO.1846, DESCRIBED AS BEING WITHIN TRACT 1 OF CERTIFICATE
OF SURVEY 21158 IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 29 NORTH,
RANGE 22 WEST, P.M.M, FLATHEAD COUNTY, MONTANA.
WHEREAS, the City Council of the City of Kalispell by Ordinance No. 1846 approved the
Stillwater Crossing Phase 1 Planned Unit Development on August 19, 2020; and
WHEREAS, 430 Stillwater Road, LLC, the owner of Stillwater Crossing, has requested
amendments to the type and number of units on a portion of Phase 1 while
maintaining the remaining portion of Phase 1 of the PUD; and
WHEREAS, based upon the application submitted and all evidence provided to the City Council
in writing and orally at public hearing, it is in the best interests of the City of
Kalispell that the Stillwater Crossing Phase 1 Planned Unit Development be
amended as set forth below.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Stillwater Crossing Phase 1 Planned Unit Development shall be
amended to provide the following:
The Planned Unit Development for Stillwater Crossing allows the following deviations from
the Zoning Regulations:
(a) Minimum lot area: Kalispell Zoning Ordinance Sec 27.09.040(1) — Minimum lot
size in the RA-1 zone is 6000 square feet plus 3000 square feet for each unit beyond
a duplex. This deviation reduces minimum lot area to 4180 square feet for the
single-family lots and to 1652 square feet per unit for the multi -family lot.
2. The Planned Unit Development for Stillwater Crossing allows the following deviations from
the Kalispell Subdivision Regulations:
(a) Block length: Kalispell Subdivision Regulations Sec 28.3.12(A)(2) — Block lengths
must be at least 250 feet, but not more than 600 feet. This deviation would allow
blocks in excess of 600 feet provided that pedestrian connections are included per the
submitted plans plus a minimum of two additional connections from the linear park
along the BPA easement.
(b) Streets and roads design standards: Kalispell Subdivision Regulations Sec 28.3.14—
Street design for streets serving more than six lots typically require a 60-foot right of
way and a 28-foot travel surface. This deviation would allow an alternative design
with sidewalks and open space between the lots and vehicular access via a 24-foot
private alley, provided a minimum 20-foot wide paved travel surface is provided.
This design would be considered an approved private street for the purposes of
Section 27.20.140 of the Kalispell Zoning Ordinance.
The B-1 (Neighborhood Business) zone on the property shall be designated as a PUD
Placeholder and a separate PUD application shall be submitted for review and approval prior
to any development within that zone.
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.
Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
6. As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit for any structure
other than the single-family dwellings. Building design shall be provided as listed below:
a. Four-sided architecture is required for all structures and buildings. Large, rectangular
masses should be avoided by incorporating offsets in the wall and roof. A change in the
plane of the walls, changing the direction or providing some variety in the roof form
gives diversity and visual interest.
b. All roof mounted equipment, i.e. HVAC, and any utility services should be shielded
from all views.
Signage shall be allowed as provided for RA-1 zones within the sign regulations contained in
the Kalispell Zoning Ordinance.
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 fixture shall
not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to come up with 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. Any fencing along Four Mile Drive, Stillwater Road, and Savannah Road shall be installed
by the developer. The fencing plan shall be submitted to the Planning Department and the
Architectural Review Committee for review and approval and shall include a consistent,
aesthetically pleasing design.
11. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
12. 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.
13. 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.
14. 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.
15. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
16. 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 or a proper bond
has been accepted for unfinished work.
17. Prior to final plat all mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by the Public Works
Department. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter stating that a proper bond has been
accepted for the unfinished work by the appropriate agency is required.
18. All existing and proposed easements shall be indicated on the face of the final plat. A letter
from the Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
19. 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
20. 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.
21. A homeowner's: property owner's association shall be formed. The association should
include provisions for the maintenance of all common areas in recorded covenants including,
but not limited to, storm drainage facilities, open space, park areas, and clubhouses. As part
of the storm drainage facilities, the association will be required to mow the area to reduce
fire hazard and reduce spread of noxious weeds.
22. 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.
23. 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, including Four
Mile Drive and Stillwater Road.
24. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1.
25. 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.
26. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
27. All utilities shall be installed underground.
28. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
29. 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.
30. The existing irrigation well along Stillwater Road shall be protected by preserving electrical
service to the well and having a means to install pipe from the well to the extent of this
project and surrounding developments. Preferably, the well should be transferred to the City
or abandoned and replaced in -kind elsewhere in Section 35, with the specific location being
at the discretion of the City of Kalispell. However, it is currently under separate ownership
and is part of undeveloped property to the north. It should be addressed either as part of the
engineering design for this project or as part of any approval for the property to the north.
31. Any additional geotechnical information and reports deemed necessary by the Public Works
Department shall be prepared and submitted to the Public Works Department for review
prior to engineering design for the subdivision. It shall also be submitted to the Building
Department prior to issuance of any building permits for multi -family dwellings within the
development.
32. In designing the water system for the subdivision, water services shall come off of internal
water mains and not the transmission main. The water main in Savannah Road shall be a 12-
inch main.
33. Any publicly owned mains within Phase 2 shall be located within drive aisles and an
easement dedicated to the City.
34. The applicant will extend sewer service from the west to the property and will need to extend
the sewer to the east in Four Mile Drive and north in Stillwater Road to the northeastern
corner of the development.
35. Sewer within Lot 85 for the multi -family development will need to be private until the point
of connection in Savannah Road.
36. Phasing for the right-of-way improvements would include all improvements in Four Mile
Drive and Savannah Road, plus the internal local roads (excepting those roads shown as
Phase 1 B, which will be completed with that phase), as part of Phase 1 A and all of the right-
of-way improvements in Stillwater Road from the intersection with Four Mile Drive to the
northeastern corner of the development would be part of Phase 2. Any remaining
improvements related to the intersection of Four Mile Drive and Stillwater Road shall be
included with Phase 1 A improvements.
37. Savannah Road shall be designed as a collector street and extend to the subdivision's
northern property boundary. A temporary turnaround shall be constructed along with
provisions for snow storage until such time as the street connects to the north. There shall not
be individual driveway approaches onto Savannah from Phase 1 on the west, and only
limited shared approaches from the multi -family and neighborhood commercial area on the
east side of the road.
38. The full frontage of Stillwater Road shall be improved to an urban standard for a minor
arterial from the intersection with Four Mile Drive to the northeastern corner of the
development. The approach on Stillwater Road shall include a center turn lane.
39. The frontage of Four Mile Drive shall be improved to a rural standard for a minor arterial.
Approaches on Four Mile Drive shall include center turn lanes and standard street
intersection requirements (ADA ramps, crosswalks, lighting, etc.).
40. The intersection of Stillwater Road and Four Mile Drive shall be improved to provide for
left-hand turn lanes on the south and west legs to match the existing left-hand turns on the
north and east legs. The intersection shall also include sidewalks.
41. On the west side of the western approach onto Four Mile Drive, a pedestrian actuated rapid
flashing beacon for a crosswalk needs to be installed with no midblock crossing on Four
Mile Drive.
42. Any required additional right-of-way necessary for the improvements shall be dedicated to
the City of Kalispell. Additionally, the fee interest in the rights -of -way for Four Mile Drive
and Stillwater Road shall be dedicated to the City of Kalispell.
43. T-intersections shall include ADA ramps on all legs.
44. 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."
45. 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.
46. A note shall be placed on the final plat stating that owners waive their right to protest a
Special Improvement District for maintenance of common areas. A district shall only be
activated in the event that the homeowner's association defaults on their common area
maintenance obligations. The taxes levied within the special improvement district shall be
determined by the appropriate city department with approvals by the Kalispell City Council.
SECTION 2. 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 17TH DAY OF JULY, 2023.
Mark John
Mayor
ATTEST:
Ai e Brunckhorst, CMC
City lerk