Vista Ridge Staff Report1
VISTA RIDGE COTTAGES
ANNEXATION AND INITIAL ZONING OF R-2 – STAFF REPORT #KA-24-10
PLANNED UNIT DEVELOPMENT – STAFF REPORT #KPUD-24-05
MAJOR SUBDIVISION - STAFF REPORT #KPP-24-06
KALISPELL DEVELOPMENT SERVICES DEPARTMENT
FEBRUARY 11, 2025
A report to the Kalispell City Planning Commission and the Kalispell City Council regarding a
request from Vista Ridge Cottages, LP, for annexation, initial zoning of RA-1 (Residential
Apartment) with a Planned Unit Development (“PUD”) overlay, and preliminary plat approval.
A public hearing has been scheduled before the Planning Commission for February 11, 2025,
beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Commission will
forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
This report regards applications from Vista Ridge Cottages, LP, for Vista Ridge Cottages,
including requests for annexation, initial zoning of RA-1 (Residential Apartment) with a Planned
Unit Development overlay and preliminary plat approval for 96 residential units (53 detached
single-family and 43 attached single-family/townhouse) on approximately 15.78 acres, including
lots, roads, and common areas. The property is located at 489 Two Mile Drive.
A: Applicant: Vista Ridge Cottages LP
566 North Kindall, Ste 120
South Lake, TX 76092
B: Location: The property can be legally described as a tract of land located in the southeast
quarter of the northwest quarter and the southwest quarter of the northeast quarter of Section
12, Township 28 North, Range 22 West, P.M., Flathead County, Montana, and more
particularly described as Tract 2 of Certificate of Survey No. 20690, records of Flathead
County, Montana, containing 15.778 acres, more or less, subject to and together with any
easements, covenants, conditions, restrictions, or agreements of record or apparent.
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C. Size: The subject property
is approximately 15.8 acres.
D: Adjacent Zoning:
North: City RA-1 & County R-1
East: City RA-2
South: City RA-1, R-4 & County R-1
West: County R-1
E: Adjacent Land Uses:
North: Multi-family residential;
pasture
East: Multi-family residential
South: Single-family residential;
Multi-family residential
West: Single-family residential;
Excess highway bypass land
F: Existing Land Use and Zoning: The subject property is undeveloped and has been used
in the past for agricultural production. The current zoning for the property is county R-1
(Suburban Residential), which is “a district to provide estate-type development. These
areas would normally be located in rural areas away from concentrated urban
development, typically not served by water or sewer services, or in areas where it is
desirable to permit only low-density development (e.g., extreme topography, areas
adjacent to floodplains, airport runway alignment extensions).”
G: Proposed Zoning: The proposed zoning is city RA-1 (Residential Apartment) with a
Planned Unit Development overlay. The Kalispell Zoning Regulations state that the
intent of the RA-1 district is “a residential district intended to provide for urban areas for
multi-family use and compatible non-residential uses of medium land use intensity. It
should be served with all public utilities and be in close proximity to municipal services,
parks, or shopping districts. This zoning district would typically be found in areas
designated as urban residential or high density residential on the Kalispell Growth Policy
Future Land Use Map.”
H: General Land Use Character: The subject property is on the north side of Two Mile
Drive between North Meridian Road and the Highway 93 Bypass. It is in a general area
that is primarily residential in character, but includes a mix of commercial to the east
closer to Meridian and multi-family residential in the immediate vicinity of the property,
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with primarily single-family (both urban and rural) in the area to the west. The area is
becoming increasingly urban in nature.
I: Relation to the Growth Policy: The
Kalispell Growth Policy Future Land Use Map
designates the subject property as partially High
Density Residential (allows up to 20 units per acre)
and partially Urban Residential (allows up to 12
units per acre). Approximately 6.1 units per acre
are being proposed.
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 is adjacent to the city limits and is
located within the annexation boundary established
in the growth policy. When property lies within the
boundary, there is a presumption that annexation is
appropriate and would likely be supported.
J. Availability of Public Services and Extension of Services: Water and sewer service are
available in the vicinity. The property is adjacent to Two Mile Drive. Extensions of those
utilities as well as roadways that will be necessary to serve the subdivision will be
completed by the developer.
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Sewer: City of Kalispell upon annexation
Water: City of Kalispell upon annexation
Refuse: City of Kalispell upon annexation
Electricity: Flathead Electric Cooperative
Gas: NorthWestern Energy
Telephone: Lumen
Schools: School District #5 (Peterson Elementary)/Glacier High School
Fire: West Valley Rural Fire/City of Kalispell upon annexation
Police: Flathead County Sheriff/City of Kalispell upon annexation
I. ANNEXATION EVALUATION
A. Compliance with the growth policy: Two primary means for managing growth in the
City of Kalispell are redevelopment/infill within the current city limits or annexation of
outlying areas. A goal of the growth policy is to provide a comprehensive, effective
growth management plan that provides for all the needs of the community, is adaptable to
changing trends and is attuned to the overall public welfare. Chapter 9, Public
Infrastructure and Services, includes a goal to “make public water and sewer available to
areas that are in close proximity to services,” and annexation allows for such extensions
to happen.
In addition, the city council adopted an annexation policy in 2011, with a corresponding
map, as an addendum to the city’s growth policy document. The purpose of the
annexation policy is to give the Planning Commission, the Council, and the development
community direction when property owners outside of the city limits are requesting
annexation. The property proposed for annexation falls inside the city’s direct annexation
boundary and is adjacent to the current city limits.
There are several aspects of the growth policy which support the annexation of the
property:
Growth Management: Chapter 1, The Economy, Goal 2 states, “monitor the growth
trends within the valley in order to be in tune with the changing economy.”
The valley is growing. A study by the Bureau of Business and Economic Research
(BBER)/The University of Montana from February 1, 2023 (pg 10-11), found that
“Flathead County needs to add almost 1,500 more housing units each year in the next ten
years to accommodate what we consider to be a very conservative scenario for population
growth from new in-migration. Over a ten year period, the cumulative amount of new
housing additions are estimated to be 14,800 for the County. The adequacy of any single
development, or even groups of developments, to address the housing challenges faced in
the coming years should be judged against this aggregate need.” Given the proximity of
city services, the subject property is located in a prime location to accommodate some of
that growth. The existing land use designation provides for the development of the
property for residential use.
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Land Use: The subject property is currently undeveloped. General goals and policies of
the growth policy encourage the orderly development in the growth policy area with
space for future expansion while ensuring compatibility of adjacent land use. There have
been extensions of city services to within a short distance of the property.
Housing: As noted in the University of Montana housing study, there is an acute need
for additional housing in Kalispell and the valley as a whole. The annexation and
proposed development of the property would help serve that need. The growth policy
calls out a number of relevant goals related to housing which support the proposed
development:
Chapter 3, Community Growth and Design, Goal 3 states, “to encourage housing types
that provide housing for all income sectors and income levels within the community.”
Chapter 4 – Housing, Goal 1 of the Kalispell Growth Policy states, “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.”
Business and Industry: As a residential development, there are no goals and policies
relating to business and industry directly related to this proposed annexation. However,
an issue currently facing business and industry in the city is the availability and
affordability of housing, which directly impacts the workforce. In order to adequately
staff businesses, there must be an available workforce that is able to find and afford
housing in the community. Providing additional housing helps serve that need and
improves the business climate.
Natural Environment: The natural environment is an important part of what makes a
neighborhood or community an appealing place to live, which may be jeopardized as
growth occurs. The growth policy in Chapter 5 on the Natural Environment, while
recognizing the importance of minimizing the impact of development, also includes goals
stating that the City should “encourage higher density mixed use developments on lands
within and close to the city limits” (Goal 7); “discourage large lot developments without
public infrastructure” (Goal 8); and “encourage urban growth only on agricultural lands
entirely within the City’s annexation policy boundary” (Policy 5). The purpose behind
those goals and policies is to keep growth within an area immediately around existing
urban growth utilizing city services, such as sewer. By keeping growth in those areas and
supported by infrastructure, the natural environment of the valley as a whole is better
protected than by allowing sprawl to consume outlying areas.
B. Municipal Services: The City of Kalispell has an extension of services plan that details
how services would be extended to the annexed property. Both sanitary sewer and water
services are available to the property. Any additional extensions necessary to provide
service would be designed and installed by the property owner subject to review and
approval by the Kalispell Public Works Department under the City of Kalispell Standards
for Design and Construction.
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The site is currently protected by the West Valley Rural Fire District and the Flathead
County Sheriff’s office. The applicant has submitted a Notice of Withdrawal from the
Rural Fire District. At the time of annexation, the property will be served by the
Kalispell Police and Fire Departments. The site lies approximately 1.5 miles from fire
station 61 and 1.8 miles from fire station 62, and it is readily serviceable by the city fire,
police, and ambulance services.
Given the level of existing services available to the property, annexation will not
overburden the municipal services in place.
C. Distance from current city limits: The subject property is immediately adjacent to the
existing city limits line.
D. Cost of services: Once annexed to the city, full city services will be made available to
the property owner. Any necessary infrastructure associated with this development will
be required to be constructed in accordance with the City of Kalispell’s Design and
Construction Standards and any other development policies, regulations or ordinances
that may apply. As undeveloped land, any cost of servicing the property would be
minimal, but there would be assessments and tax revenue that would be collected. Once
developed, it is also anticipated that the revenue generated would exceed the cost of
servicing the property. Cost of services analysis showing an approximate projected net
revenue of about $183,344.00 upon full buildout when completed, and the analysis is
included as part of the record. The projected amount does not include the recently
approved emergency services levy, which would increase the projected net revenue.
II. INITIAL ZONING 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 county R-1 (Suburban Residential). The applicants are requesting
city RA-1 (Residential Apartment) as the underlying zone.
1. Does the requested zone comply with the growth policy?
The Kalispell Growth Policy Future Land Use Map designates the subject property as
Urban Residential and High Density Residential. The zoning ordinance contemplates
RA-1 as an appropriate zone within that land use designation. The requested zone
complies with the growth policy.
2. Will the requested zone have an effect on motorized and non-motorized transportation
systems?
The primary access for the property is onto Two Mile Drive as well as from Teton Street to
the east. Annexation and zoning of the area would not directly change the impact on the
transportation systems, with the impact a function of the property development. Any
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development of the property would be reviewed and approved according to city design
criteria that would account for access to the site. Along with this application, the applicant
has submitted a request for preliminary plat approval and includes a traffic impact study that
is required based upon the number of proposed lots. Any required mitigation based on the
study would be required as a condition of subdivision approval.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in 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 will be available upon
annexation.
4. Will the requested zone promote the public health, safety and general welfare?
The general health, safety, and welfare of the public will be promoted through general
city regulations designed to regulate allowable uses. In this case, the requested zoning
classification of RA-1 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. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for any development occurring on this site are
established in the Kalispell Zoning Ordinance 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. Any development of the
property would be reviewed and approved pursuant to city design criteria. Along with this
application, the applicant has submitted a request for preliminary plat approval that would
address those issues.
7. Will the requested zone promote compatible urban growth?
The requested zoning is consistent with the type of growth projected for this area and is
consistent with the current zoning in the vicinity, which is primarily residential in nature.
The proposed residential district maintains and is compatible with the established
residential land use pattern in this area.
8. Does the requested zone give consideration to the character of the district and its particular
suitability for particular uses?
The proposed RA-1 zoning district is consistent with the surrounding residential
development in the immediate and general area. The proposed zone fits into that overall
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pattern and gives 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?
The value of the buildings in the area will be conserved because the RA-1 zoning district
will promote compatible and like uses on this property as are found on other properties in
the area. Any potential future development on the property will be reviewed for
compliance with zoning dimensional standards and design review criteria to ensure its
appropriateness for the area and compatibility with the surrounding neighborhood.
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, and it serves to support appropriate use of land throughout the city by further
developing city infrastructure. The proposed zoning is consistent with the growth policy
and is compatible with current zoning in the immediate area.
III. 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.
Section 27.19.020(4) of the zoning
regulations provides that the planning
commission shall review the PUD
application and plan based on the
following criteria:
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A. The compliance of the proposed PUD with the city growth policy and, in particular,
density and use policies of the plan.
The Kalispell Growth Policy Future Land Use Map designates the subject property as partially
High Density Residential (allows up to 20 units per acre) and partially Urban Residential (allows
up to 12 units per acre). Approximately 6.1 units per acre are being proposed.
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 is adjacent to the city limits and is located within the
annexation boundary established in the growth policy. When property lies within the boundary,
there is a presumption that annexation is appropriate and would likely be supported.
Other specific provisions of the growth policy which support the annexation and development of
the property are discussed in Section I(A) of this report relative to the annexation evaluation. The
proposed PUD is in substantial compliance with those goals and policies.
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.
The applicant has requested five deviations related to zoning:
(1) Lot Size: Sec 27.09.040(1) – Under the RA-1 zone, minimum lot size is 6,000 square
feet. Sublots for townhouses are typically approximately 3000 square feet. The proposal
calls for a minimum lot size of 3200 square feet for single family lots and 1200 square feet
for sublots. The requested deviation is intended to provide a mix of lot sizes within the
subdivision while maintaining consistency with the density limits of the growth policy. The
lot size allows for unique configurations with alley-loaded lots and shared common area as
part of many of the front yards. The lot size also allows for lower price points in an effort to
provide a more attainable cost for prospective buyers. Based on the foregoing, this deviation
request is appropriate.
(2) Use (Accessory Dwelling Units): Sec 27.20.082 – This deviation is proposed by the
applicant in order to help mitigate the deviation related to lot size. The proposed PUD allows
for limitations on accessory dwelling units (“ADUs”). Without the PUD, state law would not
allow the subdivision to be conditioned on a prohibition on ADUs. In the context of a PUD,
deviations from generally applicable zoning and subdivision standards can be approved and
conditioned when requested by the applicant, as is the case in this situation. The limitations
provide more certainty in the development of the site and sideboards on the number of units
which may be constructed, which in turn provides a benefit to the neighborhood as a PUD
rather than developing the property under generally applicable standards. This deviation
request is appropriate.
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(3) Lot Width: Sec 27.09.040(2) – The minimum lot width in the RA-1 zone is 50 feet. This
request would reduce the lot width to 44 feet. The reduction would also allow for sublots at
16 feet in width. With the reduction in lot size, the lot width deviation would be a natural
adjustment and the deviation is appropriate.
(4) Lot Coverage: Sec 27.09.040(5) – The maximum lot coverage in the RA-1 zone is 45%.
Lot coverage includes structures on the property, but not driveways, sidewalks, or similar
improvements. This deviation request would allow up to 50%. Allowing the deviation on
the smaller lots that are in this subdivision would be more consistent with the proposed lot
dimensions. With the reduction in lot size, the lot coverage deviation would be a natural
adjustment and the deviation is appropriate.
(5) Setbacks: Sec 27.09.040(3) – The minimum setbacks in the RA-1 zone are 15 feet in the
front/side corner, 10 feet in the rear, and 5 feet on the sides (the side corner setback is on the
longer street side of a corner lot). Garages have a 20-foot front/side corner setback. The
applicant is requesting three reductions: (a) a 10-foot front setback; (b) a 10-foot side corner
setback; and (c) zero setback along lot lines that adjoin common area and parks along with a
10-foot side setback for any structures in common areas and parks. The setback for the
structures in the common areas and parks is to help account for building and fire code
requirements. In addition to the setback, there should also be a provision for a 10-foot no-
build easement within the common areas and parks where they border lots. As with the other
deviation requests, the setback reduction for the smaller lot sizes is a natural adjustment
reflecting the sizes of the lots and the 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;
The applicant requested one deviation from the subdivision regulations:
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(1) Alleys as primary access and street design: Sec 28.3.11(c) and 28.3.14 – As a general
rule, alleys should not be the primary means of accessing a lot. Typically, lots are
accessed with a 60-foot right-of-way under city design standards. The proposed
development utilized a layout where the townhouses and many of the single-family lots
front onto shared common area with a 30-foot alley providing access. This type of design
has been reviewed and approved in several other subdivisions over the past several years.
The shared front yards allow for smaller lot sizes and lower price points for the homes. It
also creates an alternative style of home, adding to the mix of housing styles within the
overall housing inventory. In this particular layout, the proposal meshes well with the
extension of Teton Street, which is a collector road. On collectors, individual driveways
are not allowed and the alley access would be required for many of the lots in any case.
Based on the foregoing, this deviation is 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 overall layout of the development is a single-family residential development and includes a
cohesive mix of homes, park areas, open space, and a road network. One of the key design
features of the proposal is a feature where lots face on a shared common area rather than have
more traditional front yards. The lots would be accessed only by a 30-foot alley, which is larger
than the more typical 16-foot or 20-foot alley.
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Internal to the subdivision, there is a consistency of uses and design, and no need for internal
buffers or similar features. The internal road network utilizes standard road designs along with
the alternative design for alley loaded lots. The roads include multiple connections to Two Mile
Drive, Teton Street, and potential future connections to adjoining properties.
The stormwater facilities and any fencing around any stormwater ponds should include an
elevated design. They should be designed in a way that becomes a visual interest to the
development. Chain link fencing surrounding retention ponds as the dominant fixture should not
be allowed without mitigation. The developer should work closely with the Parks Department
and Public Works to come up with a design that is both visually appealing and meets 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.
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;
Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit for
single-family lots, or 2.88 acres for the 96 single-family/townhome lots (or the equivalent value
in land with improvements). The plat identifies 2.7 acres of park area, although some of the area
may not be included as park area depending upon the impact of storm drainage facilities and
other features which could impact the land as usable area for recreational purposes. The parks
may include amenities that will be determined during the course of the detailed subdivision
design review in conjunction with the Parks Department. The park areas are spaced throughout
the subdivision to provide various options within walking distance for the homeowners in the
development. The amount of area, potential amenities, and dispersal through the development
are consistent with other residential subdivisions in the city and are adequate for the use, density,
and dwelling type in this proposal.
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. The applicant included their
draft covenants for the homeowners’ association with their application. The covenants contain
provisions for the maintenance of the parks and other common facilities as well as assessments
for funding the maintenance. While the covenants are a typical and reliable method of
maintaining those features, subdivisions in the city also typically include a condition that a note
shall be placed on the final plat indicating a waiver of the right to protest creation of a park
maintenance district, and staff would recommend its inclusion. 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.
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;
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Public service facilities and infrastructure are adequate for the development of this site. Any new
improvements to the property such as roads, storm water facilities and water/sewer mains would be
installed in accordance with city policies and standards at the developers’ expense. As it relates to
any potential phasing, any infrastructure necessary to support a particular phase would either be
installed or bonded for prior to final plat. The Public Works Department provided the applicant
with preliminary engineering review comments relating to infrastructure which should be followed.
Water: Water to the subdivision will be provided by the City of Kalispell. The applicant will
extend water service through the property from an existing main adjacent to the property. The
water system for the subdivision will be reviewed and approved by the Kalispell Public Works
Department as part of the development of the subdivision. There is adequate capacity within the
city’s water system to accommodate this subdivision. Within the subdivision, water mains shall
be extended in the paved portions of the proposed streets to the far extents of the property. Per
the subdivision regulations, any water rights associated with the property shall be transferred to
the City of Kalispell prior to final plat.
Sewer: Sanitary sewer to the subdivision will be provided by the City of Kalispell. The
developer will connect to an existing main adjacent to the property. The sewer system for the
subdivision will be reviewed and approved by the Kalispell Public Works Department under the
Standards for Design and Construction as part of the development of the subdivision. Within the
subdivision, sewer mains shall be extended in the paved portions of the proposed streets to the
far extents of the property. As the proposal utilizes downstream lift stations, a capacity analysis
of the downstream gravity main, force main, and lift stations will need to 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 developer. There is adequate capacity within the city’s
sewer system to accommodate this development.
Solid Waste: Solid waste collection can be provided throughout the PUD by the City of
Kalispell. There is sufficient capacity within the landfill to accommodate this additional solid
waste generated from this development.
Access, Roads, and Control Over Vehicular Traffic: The PUD as a whole is served by
connections to Two Mile Drive and Teton Street, which connect to the larger city road network.
The frontage on Two Mile Drive will need to be improved to city standards as a major collector,
which may include, but not necessarily be limited to, curb/gutter, stormwater facilities, sidewalk,
landscape boulevard, street trees, and streetlights. Dedication of additional right-of-way to
provide for the additional improvements will be required. As a collector street, no additional
driveways will be allowed directly onto Two Mile Drive and a note should be placed on the face
of the plat to that effect.
Internal to the subdivision, the extension of Teton Street will be designed to the minor collector
standard under the Standards for Design and Construction with other streets to the local standard,
except as provided for with the design deviation provided for in the PUD. Improvements would
include, but not necessarily be limited to, sidewalks, landscape boulevard, streetlights, and
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curb/gutter. As with Two Mile, lots on Teton Street would not have any driveways accessing
Teton with access being provided by the alleys and a note should be placed on the face of the
plat to that effect.
Provisions for future connectivity to adjacent properties to allow for the future extension of city
streets and utilities to any development that may occur in the future is provided for.
Interconnectivity is a key aspect of subdivision design under city regulations, including Sections
28.3.04(D) and 28.3.13(C) of the Subdivision Regulations. In addition, Sections 28.3.13 and
28.4.14 of the Subdivision Regulations includes access, street and road design standards that will
be part of the engineering design review prior to construction.
The alleys shown in the subdivision are part of the PUD deviations and are required to have a 30-
foot-wide right-of-way with a 20-foot minimum paved surface and the provision of sidewalks.
Since the alleys would not meet the standard street design requirements, they will be required to
be privately owned and maintained. It may be necessary to utilize a wider right-of-way in order
to fit all of the appropriate utilities within the right-of-way width once engineering plans are
finalized.
A Traffic Impact Study (“TIS”) is required for the development and a TIS has been submitted by
the developer from Abelin Traffic Services dated November 2024 with a January 2025
supplement. Under city standards, the developer shall maintain or improve the level of service at
any impacted intersections. The TIS determined that no mitigation is required, although the
intersection of the subdivision road onto Two Mile Drive should be designed to account for the
findings in the TIS. Per Public Works standards, the TIS should be current at time of
infrastructure construction and updates may be required.
Storm Water: 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. Any open
storm water facilities should have an elevated aesthetic design to be reviewed and approved by the
Parks and Public Works Departments. Final design will be approved by the Kalispell Public Works
Department prior to development. Additionally, prior to 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 #5 (Peterson Elementary) and
Glacier High School. On average, it would be anticipated that there would be about 48 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.
Police: Police services will be provided by the Kalispell Police Department. The department can
adequately provide service to this property.
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
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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 61 is located
approximately 1.5 miles away and fire station 62 is located 1.8 miles away, with both providing
good response time.
Parks: Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit
for single-family lots, or 2.88 acres for the 96 single-family/townhome lots (or the equivalent
value in land with improvements). The plat identifies 2.7 acres of park area, although some of
the area may not be included as park area depending upon the impact of storm drainage facilities
and other features which could impact the land as usable area for recreational purposes. The
parks may include amenities that will be determined during the course of the detailed subdivision
design review in conjunction with the Parks Department. The park areas are spaced throughout
the subdivision to provide various options within walking distance for the homeowners in the
development. The amount of area, potential amenities, and dispersal through the development
are consistent with other residential subdivisions in the city and are adequate for the use, density,
and dwelling type in this proposal.
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. The applicant included their
draft covenants for the homeowners’ association with their application. The covenants contain
provisions for the maintenance of the parks and other common facilities as well as assessments
for funding the maintenance. While the covenants are a typical and reliable method of
maintaining those features, subdivisions in the city also typically include a condition that a note
shall be placed on the final plat indicating a waiver of the right to protest creation of a park
maintenance district, and staff would recommend its inclusion. 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.
The park area, open space, and buffering, in conjunction with building setbacks and maximum
lot coverage standards, help preserve adequate light and air, provide recreational opportunities,
and create a visually aesthetic design.
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 on the north side of Two Mile Drive between North Meridian Road and
the Highway 93 Bypass. It is in a general area that is primarily residential in character, but
includes a mix of commercial to the east closer to Meridian and multi-family residential in the
immediate vicinity of the property, with primarily single-family (both urban and rural) in the
area to the west. The area is becoming increasingly urban in nature. It is expected that similar
additional development will occur in the general vicinity and this project would fit within that
overall trend.
As with any development, consideration must be given to impacts related to the development and
steps should be taken to mitigate those impacts to the extent possible in a reasonable and
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proportionate manner. Provision of city services, particularly sanitary sewer, helps minimize the
impact on the neighborhood by developing the property without relying on septic systems and
other aspects of rural development that have a greater impact on the environment. By reducing
the proliferation of septic systems, the overall impact on the environment is improved. The
availability of city services in the area for properties which may have failing septics in the future
is a benefit to both individual property owners and the community as a whole. Similarly, storm
water facilities within the subdivision would help control runoff and treat it before being
discharged.
The growth policy in Chapter 5 on the Natural Environment, while recognizing the importance
of minimizing the impact of development, also includes goals stating that the City should
“encourage higher density mixed use developments on lands within and close to the city limits”
(Goal 7); “discourage large lot developments without public infrastructure” (Goal 8); and
“encourage urban growth only on agricultural lands entirely within the City’s annexation policy
boundary” (Policy 5). The property is adjacent to the city limits and lies within the annexation
policy boundary. The purpose behind those goals and policies is to keep growth within an area
immediately around existing urban growth utilizing city services, such as sewer. By keeping
growth in those areas and supported by infrastructure, open space such as agricultural areas and
natural lands in the valley as a whole are better protected than by allowing sprawl to consume
outlying areas.
In regard to potential density, the proposed PUD allows for limitations on accessory dwelling
units (“ADUs”). Without the PUD, state law would not allow the subdivision to be conditioned
on a prohibition on ADUs. In the context of a PUD, deviations from generally applicable zoning
and subdivision standards can be approved and conditioned when requested by the applicant, as
is the case in this situation. The limitations provide more certainty in the development of the site
and sideboards on the number of units which may be constructed, which in turn provides a
benefit to the neighborhood as a PUD rather than developing the property under generally
applicable standards.
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;
The applicant has proposed completing the development as a single phase. If broken into phases,
each phase would need to stand on its own in terms of infrastructure, access, and provision of
services. The terms and conditions of the plan would be applied through conditions of the PUD,
which is an ordinance adopted by the City Council, and conditions of the preliminary plat, which
is a resolution also adopted by the City Council. Final plat would be required to be approved by
the Council for any phase before homes could be constructed, at which point the Council would
verify that all of the applicable plat conditions are met. The applicant has also included proposed
covenants, which would provide for the maintenance of common facilities and include
provisions related to ADUs. Additionally, the plat would include waivers of protest of certain
special improvement districts which may be utilized in the event that the facilities are not
maintained. The sufficiency of the terms and conditions proposed to protect and maintain the
integrity of the plan was reviewed by the City Attorney and found to be acceptable.
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I. Conformity with all applicable provisions of this chapter.
Section 27.19.030(2) of the zoning ordinance allows for Residential PUDs in RA-1 zones with a
minimum of two acres and up to twenty dwelling units per acre. Density is to be established
based upon environmental factors affecting the land, compatibility with surrounding land uses
and impact on the adjacent neighborhood, availability of public infrastructure and services, and
consistency with the Kalispell Growth Policy. Those factors are addressed through the
evaluations of the PUD and plat in Sections III and IV of this report. Overall, the PUD contains
15.8 acres and is proposed at 6.1 units per acre. Based upon those evaluations, the proposal
meets the PUD evaluation requirements. No 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.
IV. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT
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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 PUD as a whole is served by connections to Two Mile Drive and Teton
Street, which connect to the larger city road network. Two Mile Drive is a major
collector and Teton Street is a minor collector.
Floodplain: A significant portion of the southern part of the property is located in the
floodplain (DFIRM Map 30029C1805J, effective date November 4, 2015). It is
designated as Zone AE, which means that there is an established base flood elevation for
the property. In this case, the maps would show a base flood elevation of approximately
2974-2975 feet above sea level (NAVD 88).
If the area is not removed from the regulatory floodplain, it cannot be subdivided under
the subdivision regulations. Prior to any work on the property, the developer will need to
submit to FEMA for a conditional letter of map revision based on fill (CLOMR-F) to
determine the specific conditions for removing the property from the floodplain. The
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developer would then submit for a floodplain development permit with the city for the
placement of the fill. The developer would then apply to FEMA for a letter of map
revision based on fill (LOMR-F), which would amend the official DFIRM floodplain
map. This process mirrors the process followed on the property to the immediate east of
the property prior to the beginning of construction for the apartment complex.
As a condition of subdivision approval, removal of the property from the regulatory
floodplain should be required prior to any development or construction on the property.
Any conditions related to the CLOMR-F, floodplain development permit, and/or LOMR-
F should be implemented.
Geology: The overall site is generally flat without any major topographical or geological
features limiting development. The applicant submitted a Geotechnical report from
Alpine Geotechnical dated September 12, 2024. Groundwater was encountered at a
depth of 8.2-11.3 feet. The report did not indicate any impediments to the development
of the site, but did include recommendations that should be followed during development
relating to mass grading and civil infrastructure. The report itself specifically was limited
to grading and infrastructure and did not include building foundations.
Section 28.3.10 of the subdivision regulations requires that the report find that the
development of the lots would pose no significant geological hazards to either the lots
being created or neighboring properties. An updated geotechnical report should be
submitted reflecting (a) the fill material being placed due to the floodplain mitigation and
the final grading; (b) the ability to support the houses being proposed; and (c) the specific
finding required under the regulations. The report should also address comments from
the Building Department relating to the specific location of the “previously placed fill
materials above the ground surface on the north side of the property” noted in the report.
The updated report should be submitted prior to engineering approval by Public Works
for any infrastructure on the property. As with any building permit, the Building
Department may require site specific geotechnical information in relation to any building
permit during permit review.
Lands Unsuitable for Subdivision: The subdivision does not contain any hazards listed
under Section 28.3.03 of the Subdivision Regulations that cannot be eliminated or
mitigated by approved design and construction plans. There are areas of mapped
floodplain on the property which will be mitigated as described in Section IV(A) of this
report.
B. Effects on Wildlife and Wildlife Habitat:
There are no water features which would provide any aquatic or riparian habitat. There
also 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 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
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moose habitat. In addition, the Environmental Assessment provided by the applicant
showed minimal wildlife habitat impacted by the development.
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. There is no surface water in
terms of streams or lakes directly associated with the property, although West Spring
Creek lies approximately 215 feet to the southwest. Per the Geotech report, the static
groundwater is generally from 8.2-11.3 feet below the surface.
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 Parks and Public Works Departments. Storm water runoff from the site
will 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.
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 or parcels. As part of the drainage 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, there is a minimum setback from rivers and streams
which allows only limited uses. There are no wetlands or streams which would impact
the subdivision under those provisions.
Topsoil and erosion: Existing topsoil should be preserved to the extent possible. As
noted with drainage, an erosion/sediment control plan must be submitted to Public Works
prior to construction and storm water facilities will need to be installed that are designed
and constructed according to the Standards for Design and Construction. These standards
will help preserve topsoil and minimize erosion from the development.
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D. Effects on Local Services:
Water: Water to the subdivision will be provided by the City of Kalispell. The applicant
will extend water service through the property from an existing main adjacent to the
property. The water system for the subdivision will be reviewed and approved by the
Kalispell Public Works Department as part of the development of the subdivision. There
is adequate capacity within the city’s water system to accommodate this subdivision.
Within the subdivision, water mains shall be extended in the paved portions of the
proposed streets to the far extents of the property. Per the subdivision regulations, any
water rights associated with the property shall be transferred to the City of Kalispell prior
to final plat.
Sewer: Sanitary sewer to the subdivision will be provided by the City of Kalispell. The
developer will connect to an existing main adjacent to the property. The sewer system for
the subdivision will be reviewed and approved by the Kalispell Public Works Department
under the Standards for Design and Construction as part of the development of the
subdivision. Within the subdivision, sewer mains shall be extended in the paved portions
of the proposed streets to the far extents of the property. As the proposal utilizes
downstream lift stations, a capacity analysis of the downstream gravity main, force main,
and lift stations will need to 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 developer. There is adequate capacity within the city’s sewer system to
accommodate this development.
Access and Roads: The subdivision as a whole is served by connections to Two Mile
Drive and Teton Street, which connect to the larger city road network. The frontage on
Two Mile Drive will need to be improved to city standards as a major collector, which
may include, but not necessarily be limited to, curb/gutter, stormwater facilities,
sidewalk, landscape boulevard, street trees, and streetlights. Dedication of additional
right-of-way to provide for the additional improvements will be required. As a collector
street, no additional driveways will be allowed directly onto Two Mile Drive and a note
should be placed on the face of the plat to that effect. Internal to the subdivision, the
extension of Teton Street will be designed to the minor collector standard under the
Standards for Design and Construction with other streets to the local standard, except as
provided for with the design deviation provided for in the PUD. Improvements would
include, but not necessarily be limited to, sidewalks, landscape boulevard, streetlights,
and curb/gutter. As with Two Mile, lots on Teton Street would not have any driveways
accessing Teton with access being provided by the alleys and a note should be placed on
the face of the plat to that effect.
Provisions for future connectivity to adjacent properties to allow for the future extension
of city streets and utilities to any development that may occur in the future is provided
for. Interconnectivity is a key aspect of subdivision design under city regulations,
including Sections 28.3.04(D) and 28.3.13(C) of the Subdivision Regulations. In
addition, Sections 28.3.13 and 28.4.14 of the Subdivision Regulations includes access,
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street and road design standards that will be part of the engineering design review prior to
construction.
The alleys shown in the subdivision are part of the PUD deviations and are required to
have a 30-foot-wide right-of-way with a 20-foot minimum paved surface and the
provision of sidewalks. Since the alleys would not meet the standard street design
requirements, they will be required to be privately owned and maintained. It may be
necessary to utilize a wider right-of-way in order to fit all of the appropriate utilities
within the right-of-way width once engineering plans are finalized.
A Traffic Impact Study (“TIS”) is required for the development and a TIS has been
submitted by the developer from Abelin Traffic Services dated November 2024 with a
January 2025 supplement. Under city standards, the developer shall maintain or improve
the level of service at any impacted intersections. The TIS determined that no mitigation
is required, although the intersection of the subdivision road onto Two Mile Drive should
be designed to account for the findings in the TIS. Per Public Works standards, the TIS
should be current at time of infrastructure construction and updates may be required.
Additionally, 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.”
Schools: The property is within the boundaries of School District #5 (Peterson
Elementary) and Glacier High School. On average, it would be anticipated that there
would be about 178 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.
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 61 is located approximately 1.5 miles away and
fire station 62 is located 1.8 miles away, with both providing good response time.
Parks and Recreation: Subdivision regulations require a minimum of 0.03 acres of
parkland per dwelling unit for single-family lots, or 2.88 acres for the 96 single-
family/townhome lots (or the equivalent value in land with improvements). The plat
identifies 2.7 acres of park area, although some of the area may not be included as park
area depending upon the impact of storm drainage facilities and other features which
could impact the land as usable area for recreational purposes. The parks may include
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amenities that will be determined during the course of the detailed subdivision design
review in conjunction with the Parks Department. The park areas are spaced throughout
the subdivision to provide various options within walking distance for the homeowners in
the development. The amount of area, potential amenities, and dispersal through the
development are consistent with other residential subdivisions in the city and are
adequate for the use, density, and dwelling type in this proposal.
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. The applicant
included their draft covenants for the homeowners’ association with their application.
The covenants contain provisions for the maintenance of the parks and other common
facilities as well as assessments for funding the maintenance. While the covenants are a
typical and reliable method of maintaining those features, subdivisions in the city also
typically include a condition that a note shall be placed on the final plat indicating a
waiver of the right to protest creation of a park maintenance district, and staff would
recommend its inclusion. 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 collection can be provided throughout the subdivision 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 1.0 miles from
the site.
Mail: Under Section 28.3.24 of the Subdivision Regulations, a common mail delivery
site or sites should be located and designed in conjunction with the Post Office and
pursuant to listed design standards.
E. Effects on Agriculture and agricultural water user facilities:
The property is undeveloped, although historical use of the property has been for
agricultural purposes, including wheat or similar crops. According to the Kalispell
Growth Policy Resources and Analysis Section, “Important Farmlands” map, the
property may contain some prime farmland if irrigated.
The growth policy in Chapter 5 on the Natural Environment, while recognizing the
importance of minimizing the impact of development, also includes goals stating that the
City should “encourage higher density mixed use developments on lands within and close
to the city limits” (Goal 7); “discourage large lot developments without public
infrastructure” (Goal 8); and “encourage urban growth only on agricultural lands entirely
within the City’s annexation policy boundary” (Policy 5). The property is adjacent to the
city limits and lies within the annexation policy boundary. The purpose behind those
24
goals and policies is to keep growth within an area immediately around existing urban
growth utilizing city services, such as sewer. By keeping growth in those areas and
supported by infrastructure, agricultural areas in the valley as a whole are better protected
than by allowing sprawl to consume outlying areas.
With the location of the property immediately adjacent to the city limits and within the
existing annexation boundary, and with the proximity of city services, the development of
the property would be substantially consistent with the goals and policies of the growth
policy as it relates to agriculture. By allowing higher density development within the
city’s growth policy area, it can reasonably be expected that more farmland can be
conserved because of the availability of residential and commercial lots within the
Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. There are no
direct impacts on adjoining agricultural uses.
F. Relation to the Kalispell Growth Policy:
The Kalispell Growth Policy Future Land Use Map designates the subject property as
partially High Density Residential (allows up to 20 units per acre) and partially Urban
Residential (allows up to 12 units per acre). Approximately 6.1 units per acre are being
proposed. Both designations support the proposed RA-1 (Residential Apartment) zoning.
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 is adjacent to the city limits and is
located within the annexation boundary established in the growth policy. When property
lies within the boundary, there is a presumption that annexation is appropriate and would
likely be supported.
Other specific provisions of the growth policy which support the annexation and
development of the property are discussed in Section I(A) of this report relative to the
annexation evaluation. The proposed subdivision is in substantial compliance with those
goals and policies.
G. Compliance with Zoning:
The request is in compliance with the RA-1 zoning regulations applicable to the
development, subject to the deviations from the zoning regulations requested under the
PUD.
H. Compliance with the Kalispell Subdivision Regulations:
This request complies with the provisions of the Kalispell Subdivision Regulations
applicable to the development, including the design and dimensions of lots as specified in
Section 28.3.11, subject to the deviations from the subdivision regulations requested
under the PUD.
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RECOMMENDATIONS
(1) Staff recommends that the Kalispell City Planning Commission adopt Staff Report #KA-
24-10 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-1 (Residential Apartment) with a
PUD overlay.
(2) Staff recommends that the Kalispell City Planning Commission adopt Staff Report
#KPUD-24-05 as findings of fact and recommend to the Kalispell City Council that the
Vista Ridge Cottages PUD be approved subject to the conditions listed below:
(3) Staff recommends that the Kalispell City Planning Commission adopt staff report #KPP-
24-06 as findings of fact and recommend to the Kalispell City Council that the
preliminary plat for Vista Ridge Cottages be approved subject to the conditions listed
below:
CONDITIONS OF APPROVAL
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 Vista Ridge Cottages allows the following deviations
from the Zoning Regulations:
(a) Lot Size: Sec 27.09.040(1) – This deviation allows for a minimum lot size of
3200 square feet for single family lots and 1200 square feet for sublots.
(b) Use (Accessory Dwelling Units): Sec 27.20.082 – This deviation is proposed by
the applicant in order to help mitigate the deviation related to lot size. The proposed
PUD provides for a prohibition on accessory dwelling units (“ADUs”). This deviation
would not allow an ADU on any lot within the PUD.
(c) Lot Width: Sec 27.09.040(2) –This deviation would reduce the lot width for to 44
feet. The reduction would also allow for sublots at 16 feet in width.
26
(d) Lot Coverage: Sec 27.09.040(5) –This deviation request would allow up to lot
coverage up to 50%.
(e) Setbacks: Sec 27.09.040(3) – This deviation would reduce setbacks in the
following ways: (a) a 10-foot front setback; (b) a 10-foot side corner setback; and (c) zero
setback along lot lines that adjoin common area and parks along with a 10-foot side
setback for any structures in common areas and parks. In addition to the setback, there
shall also be a 10-foot no-build easement within the common areas and parks where they
border lots shown on the final plat.
6. The Planned Unit Development for Vista Ridge Cottages allows the following deviations
from the Subdivision Regulations:
(a) Alleys as primary access and street design: Sec 28.3.11(c) and 28.3.14 – This
deviation allows for lots to be accessed with a 30-foot alley as shown on the proposed
PUD layout. Any such alley shall be private.
7. 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)
8. 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)
9. 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)
10. 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)
11. 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
27
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)
12. 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 and shall be extended in the paved portions of the proposed streets to the far
extents of the property. 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)
13. Any water rights associated with the property shall be dedicated to the City of Kalispell
per Section 28.3.08 of the subdivision regulations.
14. 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)
15. The developer shall submit the street designs to the Kalispell Public Works Department
for review and approval prior to 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)
16. The frontage on Two Mile Drive shall be improved to city standards as a major collector,
which may include, but not necessarily be limited to, curb/gutter, stormwater facilities,
sidewalk, landscape boulevard, street trees, and streetlights. Dedication of additional
right-of-way to provide for the additional improvements will be required. No additional
driveways will be allowed directly onto Two Mile Drive and a note shall be placed on the
face of the plat to that effect. (Section 28.3.14, Subdivision Regulations)
17. The extension of Teton Street shall be designed to the minor collector standard under the
Standards for Design and Construction with other streets to the local standard, except as
provided for with the design deviation provided for in the PUD. Improvements would
include, but not necessarily be limited to, sidewalks, landscape boulevard, streetlights,
and curb/gutter. Lots on Teton Street shall not have any driveways accessing Teton with
access being provided by the alleys, and a note should be placed on the face of the plat to
that effect. (Section 28.3.14, Subdivision Regulations)
18. The alleys are part of the PUD deviations and are required to have a 30-foot-wide right-
of-way with a 20-foot minimum paved surface and the provision of sidewalks. Since the
alleys would not meet the standard street design requirements, they shall be required to
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be privately owned and maintained. It may be necessary to utilize a wider right-of-way
in order to fit all of the appropriate utilities within the right-of-way width once
engineering plans are finalized.
19. The development is required to maintain or improve the level of service of existing
roadways and intersections. The TIS determined that no mitigation is required, although
the intersection of the subdivision road onto Two Mile Drive shall be designed to account
for the findings in the TIS. Per Public Works standards, the TIS should be current at time
of infrastructure construction and updates may be required. (Section 28.3.14,
Subdivision Regulations)
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 property shall be removed from the regulatory floodplain prior to any development
or construction on the property. Any conditions related to the CLOMR-F, floodplain
development permit, and/or LOMR-F shall be implemented.
22. An updated geotechnical report should be submitted reflecting (a) the fill material being
placed due to the floodplain mitigation and the final grading; (b) the ability to support the
houses being proposed; and (c) the specific finding required under the subdivision
regulations. The report shall also address the previously placed fill. The updated report
shall be submitted prior to engineering approval by Public Works for any infrastructure
on the property. The recommendations in the Geotech report and subsequent updates
shall be followed. (Section 28.3.10, Subdivision Regulations)
23. 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)
24. 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)
25. 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."
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_____________________
Developer's Signature
26. 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)
27. 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/alleys,
parks and open space. (Section 28.3.17 & 22, Subdivision Regulations)
28. 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)
29. 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)
30. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat. (Section 28.3.22, Subdivision Regulations)
31. 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)
32. 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)
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)
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34. 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)
35. All areas disturbed during development shall be re-vegetated with a weed-free mix
immediately after development. (Section 28.3.02, Subdivision Regulations)