Ordinance 1938 - PUD Amend - Anderson RanchReturn to:
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Kalispell, MT 59903 III I I IIIIII I II I I III II III141111111111111 II 11111111111111 III Page: iof7763
Debbie Pierson, Flathead County MT by JZ 8/20/2025 4$31 PM
ORDINANCE NO. 1938
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE
ANDERSON RANCH PLANNED UNIT DEVELOPMENT ENACTED BY ORDINANCE
NO. 1926.
WHEREAS, the Kalispell City Council, by Ordinance No. 1926, approved the Anderson Ranch
Planned Unit Development on September 16, 2024; and
WHEREAS, Colton Behr has applied for an amendment to the PUD to add approximately 11.7
newly annexed acres which would encompass residential uses in the eastern portion
of the project; and
00 WHEREAS, the property is currently zoned R-3/PUD, Residential, is located on Demersville Road
to the west of Bar H Drive and can be described as a tract of land situated, lying and
being in the southeast quarter of the northwest quarter, and in the southwest quarter, all
of Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana,
g and more particularly described as follows to wit: Tract 1 of Certificate of Survey No.
22969 (records of Flathead County, Montana) and containing 42.500 acres, subject to
m� and together with all appurtenant easements of record; and
WHEREAS, based upon the application submitted and all evidence provided to the City Council
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in writing and orally at public hearing, it is in the best interests of the City of
Kalispell that the Anderson Ranch Planned Unit Development be amended as set
* forth below.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the amendment to the Anderson Ranch Planned Unit Development 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)
3. All conditions of the existing Gardner -Anderson Ranch PUD shall apply,
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. 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.
6. The Planned Unit Development for Anderson Ranch allows the following deviations from
the Zoning Regulations:
(1) Lot Size: Sec 27.06.040(1) — Under the R-3 zone, minimum lot size is 6,000
square feet. This deviation allows for a minimum lot size of 4161 square feet,
although most lots are 4500 square feet.
(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
deviation would not allow accessory dwelling units ("ADUs") within the PUD.
(3) Lot Width: Sec 27.06.040(2) —The minimum lot width in the R-3 zone is 50 feet.
This deviation reduces the lot width to 45 feet.
7. The Planned Unit Development for Anderson Ranch allows the following deviation from the
Subdivision Regulations:
(1) Roadway: Sec 28.3.14 — Under the subdivision regulations, standard street designs
based on the Standards for Design and Construction typically require a full sixty (60)
foot right-of-way for streets. There is a segment that narrows to forty (40) feet along
the border with an adjoining property. The proposed deviation would have a five-
foot sidewalk, nine -foot boulevard, curb/gutter, and a 20-foot paved travel surface. It
is intended to be a temporary design until such time as the property to the east (under
separate ownership) develops. At that time the complete road would be completed.
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 28.3.20, 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. Any water rights associated with the property shall be dedicated to the City of Kalispell per
Section 28.3.08 of the subdivision regulations.
15. Within the subdivision, water mains shall be extended in the paved portions of the proposed
streets to the far extents of the property. Oversized water main may be required in Bar H
Drive. (Section 28.3.20, Subdivision Regulations)
16. A 12-inch water main shall be configured for future southern extension in Demersville Road
and shall be extended to the northern extent of development in Demersville Road. The
design of the extension shall be approved by both Public Works and MDEQ. (Section
28.3.20, Subdivision Regulations)
17. 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.
Sewer main shall be extended in Bar H Drive to Demersville Road and buried at appropriate
depths to accommodate future extensions for sewer service. (Section 28.3.20, Subdivision
Regulations)
18. A regional lift station is required to serve the development, portions of the Gardner PUD,
and growth areas to the north and east. If funds are available, the city will participate in the
oversizing of the regional lift station to service growth. If sewer impact fees are not
available, the developer may collect reimbursement for oversizing costs via a sewer
latecomer agreement. (Section 28.3.20, Subdivision Regulations)
19. 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)
20. 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)
21. A 10-foot private utility easement shall be provided adjoining the right -of --way of
Demersville Road and shall be provided on all proposed interior roads. (Section 4.1.1.D,
Standards for Design and Construction — July 5, 2024)
22. The frontage of the property along Demersville Road shall be improved to a Major Collector
in accordance with the Move 2040 Transportation Plan and City of Kalispell Standards for
Design and Construction. Full width improvements are required on the development side of
the street including, but not necessarily limited to curb and gutter, street signage, striping,
sidewalk, street lighting, boulevards and landscaping. Minimum improvements in the
northbound lane shall include full land width and shoulder. Improvements shall include the
dedication of additional right-of-way along the development frontage in order to provide the
proportional share of 80 feet of right-of-way and to install required standard improvements.
(Section 28.3.14, Subdivision Regulations)
23. Bar H Drive shall be improved to a Major Collector in accordance with the Transportation
Plan and the City of Kalispell Standards for Design and Construction. Full -width
improvements are required for the street including but not necessarily limited to curb and
gutter, street signage, striping, sidewalk, street lighting, boulevards and landscaping. (Section
28.3.14, Subdivision Regulations)
24. Within the subdivision; all internal streets shall 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)
25. 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)
26. 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)
27. A floodplain development permit shall be required for work within the floodplain, including
development for stormwater and/or park purposes.
28. An updated geotechnical report should be submitted reflecting the Building Department
comments and the specific finding required under the subdivision regulations. 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)
29. 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)
30. 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)
31. 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
32. 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)
33. 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)
34. If the Bar H Road connection does not provide a second access by physically connecting and
extending to the highway, the number of units in phase 1 would be limited to 30 units unless
all homes incorporate a residential fire sprinkler system. (Section 28.3.23, Subdivision
Regulations)
35. 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)
36. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat. (Section 28.3.22, Subdivision Regulations)
37. 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)
38. 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."
39. 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)
40. 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)
41. 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)
42. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development. (Section 28.3.02, Subdivision Regulations)
SECTION 2. 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 21 ST DAY OF JULY, 2025.
Mark Johnson
Mayor
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Aimee runckhorst, CMC
City Clerk
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