Ordinance 1930 - PUD - Northland Ph 5CReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
�IllI IIII II 1 III All IIII Page: 10 f 7
Debbiepierson, Flathead County MT by DC 17./25'2024 9 40 AM
ORDINANCE NO. 1930
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 NORTHLAND
PHASE 5C PUD OVER CERTAIN REAL PROPERTY MORE PARTICULARLY
DESCRIBED AS A TRACT OF LAND BEING A PORTION OF TRACT 1 OF
CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD
COUNTY, MONTANA, SITUATED IN THE NORTHWEST QUARTER OF SECTION 1,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Bridgeland Development, LLP, the applicant for 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 Northland Phase 5C PUD, on approximately 10.9 acres of
land; and
WHEREAS, is located on Northland Drive to the west of the intersection with Summit Ridge
Drive; and
WHEREAS, the petition of Bridgeland Development, LLP was the subject of a report compiled
by the Kalispell Planning Department, Staff Report #KPUD-24-04, 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;
and
WHEREAS, the Kalispell Planning Commission held a Public Hearing on the matter on October
8, 2024 and recommended that a Planned Unit Development overlay be attached to
approximately 10.9 acres of land; 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-24-04.
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 Bridgeland
Development, LLP upon the real property described above is hereby
approved subject to the following conditions:
1. 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.
2. All applicable conditions within Northland PUD (Ordinance 1495) shall apply.
3. The Planned Unit Development for Northland is amended to allow the following deviations
from the Zoning Regulations:
(a) Kalispell Zoning Ordinance Sections 27.06.040(4) and 27.37.010(30) (Building height):
Generally, the maximum building height in the R-3 zone is 35 feet. This deviation would allow
a building height of 45 feet from the existing grade.
4. The Planned Unit Development for Northland is amended to allow the following deviations
from the Kalispell Subdivision Regulations:
(a) Kalispell Subdivision Regulations, Sections 28.3.03(7) and 28.3.11(F)(2) (Building site
slopes): The subdivision regulations generally provide that residential building lots should have
a 30 foot by 30-foot site with an existing undisturbed terrain of 25% or less slope. This
deviation is allowed provided that it be developed in substantial compliance with the submitted
plans.
(b) Kalispell Subdivision Regulations, Sections 28.3.12(A)(2), 28.3.13(C), and 28.3.21(A) (Right -
of -Way and Utility Connections to Far Property Line): The subdivision regulations generally
require the provision of future connections to adjacent properties. This deviation would allow
the subdivision without a connection to the west.
5. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Section 28.2.06(E)(7), Subdivision Regulations)
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 recommendations in the Geotechnical report shall be followed as the site is developed.
(Section 28.3.10, Subdivision Regulations)
9. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding retention ponds as the dominant fixture shall
not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds
will act as features, particularly along the roadways, rather than a private maintenance
utility facility. Any existing ponds being utilized for new phases of development should
incorporate reasonable design features to meet this standard to the extent practicable.
10. 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. (Section 28.3.17, Subdivision
Regulations)
11. The storm drainage plan for the subdivision shall incorporate the drainage ditch on the
western side of the property and the curtain drain along the southern boundary, including
connecting roof drains to the curtain drain. (Section 28.3.17, Subdivision Regulations)
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. (Section 28.3.18,
Subdivision Regulations)
13. 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. (Section 28.3.14 & 20,
Subdivision Regulations)
14. 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. (Section
28.3.20, Subdivision Regulations)
15. 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. (Section 28.3.20, Subdivision Regulations)
16. Any water rights associated with the property shall be transferred to the City of Kalispell
prior to final plat per Section 28.3.08 of the subdivision regulations.
17. Prior to final plat of any phase, 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. (Section 28.2.09(E), Subdivision Regulations)
18. All easements and/or rights -of -way 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. (Section 28.3.21, Subdivision Regulations)
19. 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. In addition, Sections 28.3.13 and 28.4.14 of the Subdivision
Regulations includes access, street and road design standards that shall be part of the
engineering design review. (Section 28.3.13,14, & 16 Subdivision Regulations)
20. Northland Drive shall be improved to city standards, which may include, but not
necessarily be limited to, sidewalk, landscape boulevard, street trees, and streetlights. As
a collector street, no additional driveways will be allowed directly onto Northland Drive
and a note should be placed on the face of the plat to that effect. (Section 28.3.14,
Subdivision Regulations)
21. Internal to the subdivision, streets shall be designed to the local street standard under the
Standards for Design and Construction. (Section 28.3.14, Subdivision Regulations)
22. Under city standards, the developer shall maintain or improve the level of service at any
impacted intersections. The developer is required to install any mitigation that would be
necessary to meet that standard based on any updated TIS reports required through final
engineering review of the subdivision plans. (Section 28.3.14, Subdivision Regulations)
23. 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. (Section
28.3.23, Subdivision Regulations)
24. Per Section 28.3.21 of the subdivision regulations, 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
25. 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. (Section 283.24, Subdivision
Regulations)
26. A letter shall be obtained from the Kalispell 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. The approved landscape plan shall be
implemented for installation of the street trees and groundcover be provided to the Kalispell
Parks and Recreation Department. (Section 28.3.14, Subdivision Regulations)
27. A parks plan for designated park areas shall be approved by the Parks and Recreation
Director, and the plan shall show that the parkland dedication requirement is met for each
phase. Cash -in -lieu of parkland is an available option for any shortfall in accordance with
the standards in the subdivision regulations. (Section 28.3.22, Subdivision Regulations)
28. 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. (Section 28.3.22,
Subdivision Regulations)
29. 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 taxes levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council. (Section 28.3.17, Subdivision
Regulations)
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 stating that owners waive their right to protest a
Special Improvement District for maintenance of common areas, including, but not limited
to, private streets and alleys. A district shall only be activated in the event that the
homeowner's association defaults on their 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 28.3.14, Subdivision
Regulations)
32. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas and infrastructure. 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, streets, and alleys. 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. (Section 28.3.17 & 22, Subdivision
Regulations)
33. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal. (Section 28.8.01, Subdivision Regulations)
34. All utilities shall be placed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction. (Section 28.3.21(C), Subdivision Regulations)
35. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development. (Section 28.3.02, Subdivision Regulations)
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 NOVEMBER, 2024.
Mark Johnson
Mayor
ATTEST:
AimdV Brunckhorst, CMC _.- ����
City Clerk J c
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AITf�.•'
EXHIBIT A
Legal Description
Northland Subdivision Phase 5C
A tract of land being a portion of Tract 'I of Certificate of Survey No.19654, on file and of record in
Flathead County, A1ontana. situated in Northwest 1/4 of Section 1. Township 28 North, Range 22 Nest,
P.h1jl_ City of Kalispell, Flathead County. Rlontana and more particularly described as follows_
Beginning at the most northerly northwest corner of said Tract 1; Thence S860 '17' 17"E, along the north
line of said Tract 1. 852.45 feet to a point on the westerly right-of-way line of Northland Drive (60.00
feet wide): Thence S4' 22' 18"W, along said westerly right-of-way line, 519.52 feet to the northeast
comer of Lot 42 of the Plat of Northland Subdivision Phases 5A & 5B, on file and of record in Flathead
County, Alontana; Thence along the northerly, westerly, southerly. easterly and northerly perimeter
boundary lines of said Plat of Northland Subdivision Phases 5A & 56 the following 8 courses:
1) N85' 37' 42"W. 590.00 Feet
2) S3` 32' 41"W, 101.40 Feet
3) S 18' 37' 17"E 58.64 feet to a point on the northwesterly right-of-way line of Northland Drive
(60.00 feet wide) and on a non -tangent curve concave to the southeast and having a radius of
730.00 feet; a radial from last said point bears S 18" 37' 17" E;
4) Southwesterly, along said non -tangent curve and said northwesterly right-of-way line through a
central angle of 1 1'=38'45", an arc distance of 148.38 feet
5) N34' 41' 05"W, 48.10 feet to a point on a tangent curve concave to the northeast and having a
radius of 110.00 feet
6) Northerly, along said tangent curve through a central angle of 38`51'58". an arc distance of
74.62 feet
7) N40 10' 54"E, 60.10 feet
8) N85' 49' 06"W. 100.09 feet to a point on the west line of said Tract 1
Thence N4'', I 26'E, along said west line. 570.41' feet to the point of beginning. Containing 10.93
Acres, more or less