Ordinance 1917 - PUD - Stillwater Bend Ph 2I IIIIIIII II II I III IIIII III I IIIII IIIII IIIII IIIII IIIII II I IIIII IIIII IIIII IIII I I II III III gage: I of 713
ges: $56.00
Debbie Pierson, Flathead County M7 by G3 1/ 81201153 AM
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1917
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS STILLWATER
BEND PHASE 2 PUD OVER CERTAIN REAL PROPERTY MORE PARTICULARLY
M DESCRIBED AS PARCEL B OF CERTIFICATE OF SURVEY NO. 13982, SITUATED IN
THE SOUTHEAST QUARTER OF SECTION 24 AND THE NORTHEAST QUARTER OF
SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
O COUNTY, MONTANA, AND A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY
0 NO.12011 AND A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER
O LYING NORTHERLY AND EASTERLY OF THE STILLWATER RIVER OF SECTION
25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
Q MONTANA, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN
U) ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO
I' PROVIDE AN EFFECTIVE DATE.
WHEREAS, Stillwater Development Partners, LLC, the owners of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned RA-2, Residential Apartment/Office, with a
Planned Unit Development overlay to be known as Stillwater Bend Phase 2 PUD,
M on approximately 30.5 acres of land; and
WHEREAS, the property is currently zoned with a Placeholder PUD as City RA-2 and is located
at the western terminus of Rose Crossing to the west of Highway 93 North; and
�0 WHEREAS, the petition of Stillwater Development Partners, LLC was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KPUD-23-03, 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 November
14, 2023, and recommended that a Planned Unit Development overlay be attached
to approximately 30.5 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-23-03.
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 Stillwater
Development Partners, LLC upon the real property described above is
hereby approved subject to the following conditions:
1. The Planned Unit Development for Stillwater Bend Phase 2 allows the following
deviations from the Zoning Regulations:
t a) Setbacks: Sec. 27.10.040(3) - The minimum front setback in the RA-2 is 15 feet. The
deviation allows for a 10-foot front setback.
(b) Maximum Building Height: Sec 27.10.040(4) - The RA-2 zone has a maximum
height of 45 feet. The deviation allows a maximum height of up to 60 feet for the
buildings shown on the submitted exhibit in the western portion of the development
provided that tuck -under parking is provided and that the varying roof lines are
incorporated into the final design.
2. The Planned Unit Development for Stillwater Bend Phase 2 allows the following
deviations from the Kalispell Subdivision Regulations:
(a) Watercourse Setback: Sec. 28.3.07 - The subdivision regulations require a minimum
200-foot setback from the Stillwater River, unless additional information is submitted
supporting a lesser setback. The deviation would provide:
(i) A reduction in the Stillwater River setback from 200-feet to the setback line
determined by the geotechnical report, provided the setback cannot be less than 100-
feet;
(ii) A requirement that the 100-foot Stillwater River setback be restored with native
riparian habitat. A landscape plan shall be submitted by a specialist (landscape
architect, engineer, hydrologist, botanist, scientist, etc.) with experience in riparian area
restoration. The landscape plan shall be approved by the Parks and Recreation Director
in addition to any other applicable governmental agencies prior to final plat;
(iii) As part of the engineering review process, the City of Kalispell shall have the
option to submit the geotechnical analysis to a third party for review; and
(iv) Any updates to the Geotech report required by the Public Works Department shall
be submitted and be subject to their review and approval, including the possibility of
third -party review. Based on the additional information, adjustments to the site design
and a potential reduction in the number of units may result.
(b) Block Length/Connectivity: Sec. 28.3.12(A)(2) and 28.3.13(C) — Generally, future
street extensions to adjacent properties should be laid out at regular block lengths (no
more than 600 feet). The deviation would allow connections as shown on the submitted
plans, provided that provisions for a possible connection for future development of the
property to the north be included.
3. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
4. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
5. 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.
6. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
7. The final grading plan is subject to review and approval by the Public Works Department.
8. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture
shall not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds
will act as features, particularly along the roadways, rather than a private maintenance
utility facility.
9, The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements
of the current city standards for design and construction. Prior to final plat, a certification
shall be submitted to the public works department stating that the drainage plan for the
subdivision has been installed as designed and approved.
10. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
11. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
12. The water main in Rose Crossing shall be oversized to a 16-inch main as provided in the
water facility plan.
13. 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.
14. An analysis of downstream sanitary sewer lift stations will be required, and the developer
shall be responsible for any necessary upgrades.
15. Any sanitary sewer mains located outside of the public right-of-way shall be developed as
private mains.
16. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city Standards for
Design and Construction.
17. Rose Crossing shall be designed and constructed as a minor arterial per the Transportation
Plan and the Standards for Design and Construction. Other roadways in the subdivision
shall be private. Any private streets shall be subject to review and approval by Public
Works and shall be designed to meet HS-20 loading requirements as well as provide
turning radiuses to allow for fire truck access.
18. Mid -block crossings of Rose Crossing may require additional pedestrian features such as
pedestrian actuated flashing lights. Any such features shall be determined by Public Works
during the course of the engineering design review for the subdivision.
19. Sidewalks shall be extended to connect with Stillwater Bend Phase 1.
20. 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.
21. Under the subdivision regulations and fire code, a second access in addition to Rose
Crossing must be provided once there are 100 or more units. Details on the design of the
access shall be submitted to the City for review and approval by both Public Works and
the Fire Department, and will need to meet any applicable standards under the Standards
for Design and Construction as well as the Fire Code. The second access is a critical
component of the overall design. Without the second access being developed to the
applicable standards, the number of units on the property would be limited to less than 100
until such time as a second access is provided.
22. 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.
23. A plan for recreational amenities and park area shall be created and approved by the Parks
and Recreation Director prior to final plat of the initial phase of Stillwater Bend Phase 2.
As the phased construction of the development progresses, a minimum of 500 square feet
of land with recreational value or the equivalent in amenities per unit shall be provided.
24. 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.
25. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements 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.
26. 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
27. 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.
28. 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, stone 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.
29. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a park maintenance district. This district shall only be activated in the event that the
property owners' association defaults on their park and open space amenity conditions. The
taxes levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
30. 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."
31. 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.
32. 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.
33. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
34. All utilities shall be installed underground.
35. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and
effect.
SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA, THIS 18TH DAY OF DECEMBER, 2023.
Lt--
Mark Johnson
Mayor
ATTEST:
r
Aim& Brunckhorst, MC
City Clerk
EXHIBIT A
STILLWATER BEND PHASE 2
(230303)
1892
ONTP..•
PARCEL B OF CERTIFICATE OF SURVEY NO. 13982, SITUATED IN THE SOUTHEAST
1/4 OF SECTION 24 AND THE NORTHEAST 1/4 OF SECTION 25, T. 29. N., R. 22 W.,
P.M.,M., FLATHEAD COUNTY, MONTANA; CONTAINING 12.11 ACRES, MORE OR
LESS.
AND:
A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 12011 AND A PORTION OF
THE NORTH 1/2 OF THE NORTHEAST 1/4 LYING NORTHERLY AND EASTERLY OF
THE STILLWATER RIVER OF SECTION 25, T. 29. N., R. 22 W., P.M.,M., FLATHEAD
COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL A OF SAID CERTIFICATE OF
SURVEY 13982; THENCE N89°57'37"E, 200.41 FEET; THENCE SO°02'23"E, 666.51 FEET;
THENCE S89057'37"W, 90.0 FEET TO THE APPROXIMATE CENTER OF THE
STILLWATER RIVER; THENCE NORTHWESTERLY, SOUTHWESTERLY AND
NORTHWESTERLY, ALONG SAID CENTER OF THE STILLWATER RIVER THE
FOLLOWING 12 COURSES: 1) N45°47'13"W, 64.42 FEET; 2) N83°01'04"W, 81.67 FEET; 3)
S50°58'02"W, 87.54 FEET; 4) S34°04'29"W, 162.73 FEET; 5) S48°26'14"W, 156.73 FEET; 6)
S86°37'10"W, 129.25 FEET; 7) N47°19'01"W, 75.68 FEET; 8) N24013'56"W, 214.36 FEET; 9)
N51 °03'08"W, 230.06 FEET; 10) N41 ° 17'23"W, 203.44 FEET; 11) N45°02' 14"W, 252.52 FEET;
12) N36°24'41 "W, 222.95 FEET TO THE SOUTH BOUNDARY OF PARCEL B OF SAID
CERTIFICATE OF SURVEY NO. 13982; THENCE ALONG THE SOUTHERLY BOUNDARY
LINES OF SAID CERTIFICATE OF SURVEY 13982 THE FOLLOWING 5 COURSES: 1)
N89°59'45"E, 1,016.33 FEET; 2) N89°58'44"E, 80.50 FEET; 3) N0012'03"E, 10.85 FEET; 4)
N89°59'35"E, 7.54 FEET; 5) N89°59'35"E, 85.22 FEET TO THE POINT OF BEGINNING;
CONTAINING 18.40 ACRES, MORE OR LESS.