Ordinance 1934 - PUD - Vista Ridge CottagesReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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Debbie Pierson, Flathead County M7 by ]Z 5/14/ 2025 4:44 PM
ORDINANCE NO. 1934
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 VISTA RIDGE
COTTAGES PUD OVER CERTAIN REAL PROPERTY MORE PARTICULARLY
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.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
QI DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY NO. 20690, RECORDS OF
FLATHEAD COUNTY, MONTANA, CONTAINING 15.78 ACRES, MORE OR LESS,
! SUBJECT TO AND TOGETHER WITH ANY EASEMENTS, COVENANTS,
CONDITIONS, RESTRICTIONS, OR AGREEMENTS OF RECORD OR APPARENT, IN
+ ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Vista Ridge Cottages, LP, 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 RA-1, Residential Apartment, on approximately
15.78 acres of land, with a Planned Unit Development overlay, to be known as
Vista Ridge Cottages PUD; and
WHEREAS, the property is currently zoned as County R-1; and
WHEREAS, the Vista Ridge Cottages, LP petition was the subject of a report compiled by the
Kalispell Planning Department, Staff Report 4KPUD-24-05, 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
February 11, 2025, and recommended that a Planned Unit Development overlay be
attached to the 15.78 acres of land; and
WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned
Unit Development overlay to the property, the City Council finds such zoning to
be consistent with the Kalispell Growth Policy — Plan It 2035 and adopts, based
upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board
of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set
forth in Staff Report No. #KPUD-24-05.
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 Vista Ridge Cottages
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 approvedby 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.
(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) Alleysprimary access and street design: See 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 Department
prior to construction. This infrastructure shall by
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 28.3.1,3 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 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 28.3.2 1, 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."
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)
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)
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 17TH DAY OF MARCH 2O25.
Chad Graham,//
Council President
ATTEST:
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Aimei Brunckhorst, CMC
City Clerk