Ordinance 1940 - PUD - Reserve at Johnson Ranch964
Kalispell City Clerk 111111111111111111111111IN Page000 f78
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PO Box 1997
Debbie Pierson, Flathead County MT by]Z 8/20/2025 4N1 PM
Kalispell, MT 59903
ORDINANCE NO. 1940
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 RESERVE AT
JOHNSON RANCH PUD OVER CERTAIN REAL PROPERTY MORE
PARTICULARLY DESCRIBED AS (1) PARCEL B OF CERTIFICATE OF SURVEY NO.
14346, LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 26, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA; AND (2) THE EAST HALF OF THE SOUTHEAST QUARTER
OF SECTION 26, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, EXCEPTING THEREFROM THAT PORTION DEEDED TO
FLATHEAD COUNTY FOR ROAD PURPOSES, RECORDED DECEMBER 5, 1899, IN
BOOK 30, PAGE 582, AND ALSO EXCEPTING THEREFROM THAT PORTION
DEEDED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR
HIGHWAY PURPOSES, RECORDED JUNE 28, 2007, AS DOC. NO. 2007-179-14150, IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Spartan Holdings, LLC and Whispering Trails, LLC, 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 as R-3 (Residential), RA-1
(Residential Apartment), and B-1 (Neighborhood Business) on approximately 91.8
acres of land, with a Planned Unit Development overlay attached, to be known as
The Reserve at Johnson Ranch PUD; and
WHEREAS, the property is currently zoned as County AG-80 (Agricultural) and SAG-5
(Suburban Agricultural); and
WHEREAS, Spartan Holdings and Whispering Trails' petition was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KPUD-25-01, 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
June 10, 2025, and recommended that a Planned Unit Development overlay be
attached to the 91.8 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-25-01.
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 Spartan Holdings
and Whispering Pines upon the real property described above is hereby
approved subject to the following conditions:
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)
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.
4. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
5. The Planned Unit Development for The Reserve at Johnson Ranch allows the following
deviation from the Zoning Regulations:
(1) Use: Sec 27.12.020 — Under the 13-1 zone, individual retail uses are limited to
4000 square feet or less. This deviation allows a 40,000 square foot
neighborhood grocery store along with a total maximum 110,000 square foot
footprint for all buildings in the 13-1 area.
6. The Planned Unit Development for The Reserve at Johnson Ranch allows the following
deviations from the Subdivision Regulations:
(1) Roadway: Frontage improvement phasing: Sec. 28.2.09 — Typically, frontage
improvements are completed across the full width of the phase being final platted
as part of the requirement that each phase should be able to stand on its own. This
deviation allows the portion of Phase 1 fronting only on the common area to be
deferred to the second phase of development provided that the frontage
improvements in the phasing plan are otherwise complied with.
(2) Block length: Sec 28.3.12 — Typically, block lengths should not exceed 600 feet.
This deviation would allow the block configuration as shown on the submitted
preliminary plat.
7. The elevated design is a critical element of the proposal and is necessary to support both
the growth policy and the PUD. An architectural appearance equal to or greater than the
submitted drawings shall apply to all buildings and the landscaping, both in terms of
perimeter buffering and on -site, shall be a predominant feature of the development rather
than the buildings and parking areas.
8. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture
shall not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds
will act as features, particularly along` the roadways, rather than a private maintenance
utility facility. (Section 28.3.17, Subdivision Regulations)
9. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements
of the current city standards for design and construction. Prior to final plat 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)
10. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities. (Section 28.3.18,
Subdivision Regulations)
11. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction. (Section 283.20, Subdivision Regulations)
12. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks. (Section 28.3.14 & 20,
Subdivision Regulations)
13. 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)
14. The existing water main in the paved portion of Stillwater Road shall be extended as
appropriate with each phase of development in accordance with the water facility plan and
within the subdivision, water mains shall be extended in the paved portions of the proposed
streets to the far extents of the property. (Section 28.3.20, Subdivision Regulations)
15. Any water rights associated with the property shall be dedicated to the City of Kalispell
per Section 28.3.08 of the subdivision regulations. Only water rights controlled by the
subdivider are to be dedicated.
16. The existing sanitary sewer main shall be extended within the paved portion of existing
and proposed roadways to the northwestern limits of the development, terminating at a
manhole in Stillwater Road. Within the subdivision, sewer mains shall be extended in the
paved portions of the proposed streets to the far extents of the property, including road
extensions to adjacent properties. (Section 28.3.20, Subdivision Regulations)
17. Provisions shall be made for either a regional lift station to serve the proposed subdivision
and adjacent growth area or an oversized gravity main. Either alternative shall ultimately
connect to the existing sanitary sewer manhole southwest of the Stillwater Rd/Reserve Dr
roundabout in accordance with the sanitary sewer modeling performed for the project. The
northeastern portion of the subdivision sewer may connect to a sewer extension from
Taelor Rd and should be limited to a peak flow 153.3 gpm as was analyzed with the sewer
model. Any additional flow routed through Taelor Road shall be modeled to verify
downstream capacities. (Section 28.3.20, Subdivision Regulations)
18. 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 28.3.220,
Subdivision Regulations; Section 6.1.1.E, Standards for Design and Construction — July 5,
2022)
19. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction pursuant to the Standards for Design and
Construction. In addition, Sections 28.3.13 and 28.4.14 of the Subdivision Regulations
includes access, street and road design standards that shall be part of the engineering design
review. Designs shall also include street access control, intersection layout, horizontal and
vertical curves, clear vision triangles, signage, and pedestrian facilities. (Section
28.3.13,14, & 16 Subdivision Regulations)
20. A 10-foot private utility easement shall be provided adjoining the right-of-way of Stillwater
Road and Old Reserve Drive and shall be provided on all proposed interior roads. (Section
4.1.1.D, Standards for Design and Construction — July 5, 2024)
21. The frontage of the property along Old Reserve Drive and Stillwater Road shall be
improved to a minor arterial standard in accordance with the Move 2040 Transportation
Plan and City of Kalispell Standards for Design and Construction. (Section 28.3.14,
Subdivision Regulations)
22. For Old Reserve Drive and Stillwater Road, full width improvements are required on the
development side of the street including, but not necessarily limited to curb and gutter,
street signage, striping, sidewalk, street lighting, boulevards and landscaping. Minimum
improvements in the opposite side of the road shall include full lane width and shoulder.
Improvements shall include the dedication of additional right-of-way along the frontage in
order to provide the appropriate right-of-way width and to install required standard
improvements. (Section 28.3.14, Subdivision Regulations)
23. All internal streets will be built to a minimum of a local street design standard as
appropriate pursuant to the Standards for Design and Construction including, but not
limited to sidewalks, landscape boulevard, street lights, and curb and gutter. (Section
28.3.14, Subdivision Regulations)
24. The development is required to maintain or improve the level of service of existing
roadway intersections. Recommended mitigation from the Traffic Impact Study shall be
implemented. Additional analysis and amendments to the TIS may also be required as
phases of development are completed in order to consider other area developments.
(Section 28.3.14, Subdivision Regulations; Section 9.1.2, Standard for Design and
Construction — July 5, 2022)
25. Per the findings of the TIS, the proposed approach onto Reserve Drive at the south end of
the development would require a turning movement restriction of either a right -in / right -
out or 314 movement approach (which would allow left turns into the approach). Any
approach would require the approval of the Montana Department of Transportation.
Further, if a 3/4 movement approach is proposed, a left -turn lane shall be provided as
approved by MDT. Any additional road widening and right-of-way to accommodate a left -
turn lane shall be provided by the development. (Section 28.3.14, Subdivision
Regulations)
26. Provisions for roundabouts at both 90 degree turn locations in Stillwater Road shall be
made by reserving right-of-way for future construction. Therefore, right-of-way shall be
allocated for the southern half of a future roundabout in the northeast portion of the
development where Stillwater Road currently turns 90 degrees and intersects with the LHC
gravel pit approach as was indicated in the clarification to the Traffic Impact Study. Right-
of-way shall also be allocated for a future roundabout in the northwest portion of the
development where Stillwater Road currently turns 90 degrees and intersects with private
property accesses. (Section 28.3.14, Subdivision Regulations)
27. A homeowners' association shall be formed and established to provide for the maintenance
of the common areas and facilities, including, but not necessarily limited to, storm water,
streets, parks and open space. (Section 28.3.17 & 22, Subdivision Regulations)
28. In order to achieve appropriate slopes for platted lots and driveways, a stamped
topographical plan shall be submitted prior to infrastructure construction and recertified
prior to final plat showing that the appropriate slopes are met. (Sections 28.3.03 & 28.3.11)
29. The recommendations in the Geotech report and any subsequent updates shall be followed.
(Section 28.3.10, Subdivision Regulations)
30. 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)
31. 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)
32. 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
33. 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)
34. 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.
35. 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)
36. 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)
37. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat. Park area shall meet the criteria for parkland under the subdivision regulations,
including, but not necessarily limited to, cross slopes. (Section 28.3.22, Subdivision
Regulations)
38. 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)
39. 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."
40. 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)
41. 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)
42. 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)
43. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development. (Section 28.3.02, Subdivision Regulations)
44. Developer shall install pedestrian actuated rectangular rapid flashing beacons, striping and
advanced signage for the north/south pedestrian crossing across Stillwater Road to the park
on the north side of the road.
SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and
effect.
SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA, THIS 18TH DAY OF AUGUST, 2025.
ATTEST:
Mark Johnso
Mayor
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Aim& Brunckhorst, CMC
City Clerk
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