Ordinance 1931 - PUD - Tronstad Meadows-Whitetail Crossing1111111111111111 IN111111111111111 II1III11111111 Page: 1D f 7 21
Debbie Pierson, Flathead County MT by DC 11/26/2024 9 6.00
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Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1931
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
PLANNED UNIT DEVELOPMENT OVERLAY TO BE KNOWN AS TRONSTAD
MEADOWS/WHITETAIL CROSSING PUD OVER CERTAIN REAL PROPERTY
MORE PARTICULARLY DESCRIBED AS PARCEL 2A OF CERTIFICATE OF
SURVEY NO. 21853, LOCATED IN THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER, THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER, THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER AND THE WEST HALF OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 29 NORTH, RANGE
21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, CONTAINING 110.5ACRES;
SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS OF
RECORD, IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT
2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Frank Garner and Montana Seven Properties, the applicants 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-2, Residential, on
approximately 110.5 acres of land, with a Planned Unit Development overlay, to
be known as Tronstad Meadows/Whitetail Crossing PUD; and
WHEREAS, the property is currently zoned as County R-2.5; and
WHEREAS, the Garner and Montana Seven Properties petition was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KPUD-24-03, 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; and
WHEREAS, the Kalispell City Planning Commission held a Public Hearing on the matter on
October 8, 2024, and recommended that a Planned Unit Development overlay be
attached to the 110.5 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. 4KPUD-24-03.
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 changing the
zoning classifications of the subject property to and attaching the property
described above with a Planned Unit Development overlay.
SECTION 2. The Planned Unit Development overlay proposed by Garner and Montana
Seven Properties 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. 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)
3. 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.
4. 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.
5. The Planned Unit Development for Tronstad Meadows and Whitetail Crossing allows the
following deviations from the Zoning Regulations:
(a) Lot Size: Sec 27.05.040(l) — Under the R-2 zone, minimum lot size is typically 10,000
square feet. The proposal includes lots ranging generally from 6000 square feet to 12,000
square feet, with the largest lot being 19,879 square feet. This deviation allows lot sizes
substantially as shown on the proposed plat.
(b) Use (Accessory Dwelling Units and Short Term Rentals): Sec 27.05.020 and 27.05.030
— This deviation is proposed by the applicant and would prohibit accessory dwelling units
and short term rentals within the subdivision.
(c) Lot Width: Sec 27.040(2) — The minimum lot width in the R-2 zone is 70 feet. This
request would reduce the lot width for some of the smaller lots to 50-70 feet. This deviation
allows lot widths substantially as shown on the proposed plat.
(d) Lot Coverage: Sec 27.040(5) — The maximum lot coverage in the R-2 zone is 35%.
This deviation maintains the 35% maximum on all lots that are 10,000 square feet or more
and would allow up to 40% on smaller lots.
(e) Setbacks: Sec 27.05.040(3) — The minimum side setback in the R-2 is 10 feet and the
minimum side corner setback is 20 feet. This deviation reduces the side setback for lots
that are 8000 square feet or less (plus Lots 63 and 303) and reduces the side corner setback
to 15 feet for corner lots of several blocks on the interior of the development specified in
the application.
6. 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. (Section 28.3.17, Subdivision Regulations)
7. 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 of any phase, 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)
S. 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)
9. 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)
10. 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 ATiting 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)
11. 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 of any phase, 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)
12. Any water rights associated with the property shall be dedicated to the City of Kalispell
per Section 28.3.08 of the subdivision regulations. Only water rights controlled by the
developer are to be dedicated.
13. The existing water main shall be extended within the paved portion of Tronstad Road from
a connection point near the eastern limits of Quail Meadows to the development's eastern
property line. Within the subdivision, water mains shall be extended in the paved portions
of the proposed streets to the far extents of the property. (Section 28.3.20, Subdivision
Regulations)
14. The existing agricultural well (the Koenig Well) shall be transferred to the city along with
adequate space for a municipal water well facility building. Appropriate space for a well
facility shall be dedicated as a utility lot to the City of Kalispell along with necessary
easements or right-of-way needed to accommodate connection(s) and access to the well
facility from dedicated street right-of-way. Additionally, development design shall
accommodate a 100' well protection zone as required by Montana Department of
Environmental Quality for the existing and/or future well. As part of the project, existing
irrigation main and power lines shall be removed. In the event that neither the existing well
nor a replacement well is suitable for connection to the city system, the water rights would
be utilized by the city in a separate location. (Section 28.3.20, Subdivision Regulations)
15. The existing sanitary sewer main shall be extended within the paved portion of Tronstad
Road from a connection point near the eastern limits of Quail Meadows to the
development's eastern property line. Within the subdivision, sewer mains shall be
extended in the paved portions of the proposed streets to the far extents of the property.
(Section 283.20, Subdivision Regulations)
16. A capacity analysis of downstream gravity main, force main, and lift stations shall be
performed with each phase of development. Upgrades required to accommodate sanitary
sewage flows from the development will be required to be completed as part of the project
development and any associated costs will be borne by the development. (Section 28.3.20,
Subdivision Regulations)
17. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. In addition, Sections 283.13 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)
18. The frontage of the property along Tronstad Road shall be improved to an urban major
collector standard in accordance with the Transportation Plan and the City of Kalispell
Standards for Design and Construction. Full width improvements are required on the
development side of the street including, but not necessarily limited to curb and gutter,
street signage, striping, sidewalk, street lighting, boulevards and landscaping. Minimum
improvements on the eastbound lane of Tronstad Road shall include full lane width and
shoulder. Improvements to a major collector shall include the dedication of ten (10)
additional feet of right-of-way along the frontage in order to install the required standard
improvements. (Section 28.3.14, Subdivision Regulations)
19. The developer shall upgrade the portion of Tronstad Road that fronts the Koenig
Subdivision so that there is a city width road from the west end of Quail Meadows to the
east end of Tronstad Meadows/Whitetail Crossing. The upgrade shall include a sidewalk
contingent upon County approval. PUD condition/Section 28.3.14, Subdivision
Regulations)
20. Within the subdivision, there is one minor collector street and the remainder are local
streets. All internal streets shall be built to the collector or local design standards as
appropriate pursuant to the Standards for Design and Construction including, but not
limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. (Section 28.3.14,
Subdivision Regulations)
21. The development is required to maintain or improve the level of service of existing
roadways and intersections. Recommended mitigation from the Traffic Impact Study shall
be implemented. Additional analysis and amendments to the TIS may also be required as
phases of development are completed. (Section 28.3.14, Subdivision Regulations)
22. All of the Highway 93/Tronstad Road intersection improvements allowed by MDT prior
to Phase 1 of the subdivision shall be installed prior to final plat. The improvements (other
than the traffic signal and other improvements designated by MDT as Phase II of the
intersection improvements) shall be installed prior to final plat of Phase 1 and shall not be
eligible for bonding under a subdivision improvement agreement or other mechanism. The
Intersection Phase 11 improvements shall have an approved design and shall be bonded for
as part of the final plat of Phase 1 of the subdivision unless MDT allows them to be installed
prior to Phase 1, in which case those improvements shall be installed as well and shall not
bonded for. All intersection improvements shall be fully installed prior to final plat of
Phase 2. (Section 28.3.14, Subdivision Regulations)
23. 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."
24. The recommendations in the Geotech report shall be followed. (Section 28.3.10,
Subdivision Regulations)
25. 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)
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. (Section 28.3.21, Subdivision Regulations)
27. 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
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. (Section 28.3.24, Subdivision
Regulations)
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. (Section 28.3.17 & 22, Subdivision Regulations)
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. (Section
28.3.23, Subdivision Regulations)
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. (Section
28.3.14, Subdivision Regulations)
32. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat. (Section 28.3.22, Subdivision Regulations)
33. The developer shall work in conjunction with the Parks Department as part of the overall
parks and landscaping plan to provide a buffering plan subject to the review and approval
of the Parks Department.
34. 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. (Section 28.3.22,
Subdivision Regulations)
35. 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. (Section 28.3.17,
Subdivision Regulations)
36. 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)
37. 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. (Section 28.3.21(C), Subdivision Regulations)
38. 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.
ATTEST:
Ainkee Brunckhorst, CMC
City Clerk
WININ
Mark Johnson
Mayor
:. (992