2. Ordinance 1690 - Amending Kalispell City Code Chapter 24, Streets and Sidewalks - 1st ReadingCity of Kalispell
Post Office Box 1997 -Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
REPORT TO: Kalispell Mayor and City Council
FROM: Mike Baker, Parks Director
Jane Howington, City Manager
SUBJECT Amendment to the Kalispell Municipal Code to address landscaping
within city right-of-way and on private properties.
MEETING DATE: January 3, 2011
BACKGROUND: Past councils have participated in tours of the city, which included visits to
newly developed or developing subdivisions. During these visits the council was able to see
firsthand the boulevard right -of way and private property development, (i.e. parking lot
development, buffering, etc.) and the problems associated with landscaping in these areas. The
council directed staff to continue to work on a solution drafting an ordinance which would detail
the appropriate landscape uses and maintenance within these areas.
In June of this year, a draft was forwarded to the council and discussed at a work session. The
council appeared to view the document favorably, but directed that the planning board hold a
public hearing to solicit comments from both the public and users. The planning board presented
the proposed ordinance at a planning board workshop in September. They then directed that a
letter be sent out notifying potential users of the ordinance that this issue was in front of the
planning board. Immediately following this meeting, the planning office sent out a letter and
ordinance to the landscape architects, irrigation system installers, landscapers and the
survey/engineering community that this ordinance was pending and notified them of the public
hearing date.
The Kalispell Planning Board held a public hearing on the proposed landscape ordinance at the
October 12, 2010 planning board meeting. After the hearing was closed, the planning board
raised several issues and directed staff to address these issues prior to the planning board
forwarding a recommendation to the city council.
At the hearing comments were received from landscape architect Bruce Lutz. No one else
testified. The board then began deliberation addressing Mr. Lutz's concerns as well as bringing
up several other issues. The board continued discussion on the draft ordinance asking the staff to
clarify several areas as follows:
0 Inserting "shall" instead of "should" in several locations,
o Clarifying the requirement to maintain landscaping only in those locations that are
required by a previous city action (PUD or conditional use) or by a provision of the
zoning ordinance.
• Language to better differentiate between the minor standards required for single family
and duplex development versus the more stringent standards for commercial projects.
• Improvements to the readability of the document.
o Section #2 — part f: removed language describing in detail the characteristics and
descriptions of the fiber mulch.
At the November 91h planning board meeting the board did approve several changes to the draft
which is now ready for council consideration.
The purpose of the ordinance as drafted by the Kalispell Parrs & Recreation Department and
Planning Department staff is to address deficiencies in our current regulations and at the sane
time consolidate regulations already existing in other parts of the city code that relate to new
landscaping and maintenance of existing required landscaping.
RECOMMENDATION': approve the proposed landscape ordinance on first reading.
FISCAL EFFECT'S: None immediately. Ultimately the adoption of the ordinance will insure
the public R/W is properly maintained and that landscaping improvements required to be carried
out on private property has better oversight. This should prove to be a cost savings for both the
city and private property owners in the future.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
l' 1
AN ORDINANCE
CITY CODE, 1 1 D "STREET BOULEVARDS99
AND DECLARING AN EFFECTIVE D4-TE.
WHEREAS, street boulevards, defined as those areas within the City street right-of-ways, that are
landscaped and/or contain other public infrastructure, are not currently regulated by the
City with any consistent development and maintenance standards; and
WHEREAS, AS, landscaping, irrigation systems, walkways, driveways, mailboxes, signage and street
lighting within the boulevards should be regulated such that the streetscape is attractive,
safe and orderly; and
WHEREAS, it is therefore in the best interest of the City and its residents and visitors that minimum
standards for landscaping, development and maintenance within the street boulevards of
the City of Kalispell be established.
BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of KALIS PELL AS FOLLOWS
SECTION I. Chapter 24, Streets and Sidewalks, of the Kalispell City Code is hereby
amended to add a new Article 9, Street Boulevards, as set forth. on Exhibit "A",
attached hereto and fully incorporated herein by this reference.
SECTION II. All other portions of Chapter 24, Kalispell City Code, not in conflict herewith,
shall remain unchanged.
SECTION III. This ordinance shall tale effect from and after 30 days of its passage on second
reading by the City Council.
PASSED AND APPROVED BY THE CITE'" COUNCIL AND SIGNED BY THE MAYOR. of THE
CITY OF KALISPELL. THIS DAY of , 2011.
ATTEST:
Theresa white
City Clerk
Tanuni Fisher
Mayor
r � r
MA.'►:. A
As approved by the Kalispell City Planning Board
November 9, 2010
A. The purpose of this chapter is to protect and promote the public health, safety, general
welfare and beautification through the City of Kalispell's authority to regulate the use of
land by utilizing the benefits of landscaping. Specifically, it is the purpose of this chapter
to provide minimum standards for landscaping, development and maintenance within the
street boulevards, to provide for an orderly streetscape, maintain clear vision at street
intersections and to provide minimum requirements for landscaping on property used for
commercial purposes.
A. Whenever a project comes before the Site Review Committee (this section does not apply
to single family and duplex uses), the landscaping plan shall be submitted for Parks
Department approval.
B . Landscape Plan Content and Format
a. Name and address of the property owner.
b. The landscape portion of the site plan shall be done to scale.
c. List and location of materials, trees, shrubs, ground cover, turf and other vegetation.
d. Planting symbols shall be clearly drawn and plants labeled by common name,
container size, spacing and quantities of each group of plants indicated. Natural
features such as existing trees, shrubs or other landscape features that will remain
shall be indicated.
e. On site snow storage areas shall be indicated.
f. The schedule for installation of the landscaping and estimated total cost.
g. Irrigation system design.
C. Building Permit and. Certification of Occupancy.
Where landscaping is required, no building permit shall be issued until the required
landscaping portion of the site plan has been submitted and approved. No certificate of
occupancy shall be issued until:
a. The landscaping is completed as certified by an on -site inspection by the Parrs
Department, and/or
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b. A performance bond or irrevocable letter of credit for 125% of the total cost of the
uncompleted portion of the landscaping has been posted.
B . This section shall apply to all right-of-ways and private properties, except those properties
used solely as for single-family and duplex purposes.
a. Right-of-ways are defined as a linear public way established or dedicated for public
purposes by a recorded plat, deed or easement intended to be occupied by a street, curb
and gutter, landscaped boulevard and pedestrian ways (sidewalk or bike/ped path). In
addition the R./w may contain sub -surface utilities such as sewer, water or storm sewer
lines; electrical cable and gas lines or similar utilities.
B . Landscape materials should complement the form of the existing trees and plantings, as
well as the development's general design and architecture. The amount of shade or sun
shall be considered in selecting plant material.
C. Landscape materials shall consist of the following:
Plants: All plant materials shall be living plants and shall meet the following requirements:
a. Quality.
i. Shall conform to the standards of the American Association of Nurserymen and
shall have passed any inspections required under State regulations.
ii. Plants shall be free of disease, insects and/or damage, and shall be correctly
labeled indicating genus, species and cultivar.
b. All trees shall comply with the City of Kalispell Tree Ordinance (ordinance # 1086).
All trees planted will follow the International Society of Arboriculture planting details.
c. Shrubs and hedges shall be a minimum. of 1 foot tall for general buffer landscaping, and
2 feet tall for perimeter buffering/screening, at planting, and shall attain proper opacity
within four years after planting.
d. vines, which are generally used in conjunction with walls or fences, shall be at least
(12) twelve inches tall at planting.
e. Grass shall be planted in species normally grown as permanent lawns in northwestern
Montana, and may be sodded, hydro -seeded, drill seeded or broadcast seeded; except in
swales or other areas subject to erosion control standards set forth by Public works.
Nurse -grass seed shall be sown for immediate protection until complete coverage
otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or
diseases. Ground cover shall be planted in such manner as to present a finished
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appearance and seventy-five percent (75%) of complete coverage after one complete
growing season.
f. Fiber -mulch shall be produced from cellulose such as wood pulp or similar organic
materials. The fiber shall be of such character that it is an absorptive or porous. other
materials that retain moisture and approved by the Parks Department may be considered
for fiber -mulch replacement.
g. Earth mounds shall be physical barriers which block or screen the view similar to
hedge, fence or wall. Mounds shall be constructed with proper and adequate plant
material to prevent erosion. Where mounds are to be mowed, the maximum permitted
slope is 3:1.
h. Hedges are to comply with height regulations in the Kalispell City Zoning ordinance.
i. Mulch/watering rings shall be a minimum of 4 feet in diameter around the base of the
tree. The mulch depth should be a minimum of Z inches and kept away from the trunk.
Mulch must be fibrous mulch.
D. Initial Maintenance and Replacement Responsibilities.
a. Prior to the date of occupancy, maintenance of all landscaping is the responsibility of
the builder/developer, but may be assumed by the owner/occupant on the date of
occupancy.
b. As a condition of approval, the owner and/or occupant shall be responsible in perpetuity
for continuous maintenance of required landscaping improvements, including, but not
limited to, the replacement of all unhealthy or dead plant materials.
c. Trees planted in rights -of -ways, dedicated parkland or open spaces will be the
responsibility of the builder/developer for a period of two (2) years after the planting
has been approved by the Parks and Recreation Department.
A. Permitted landscaping and development within street right-of-ways shall be limited to the
following:
a. Grass
b. Fiber -Mulch
c. Trees with tree species type in accordance with the City of Kalispell Tree Ordinance
(#1086)
d. An irrigation system provided that irrigation heads shall be installed so as to not spray
water on streets or sidewalks
e. Access walkways in accordance with public works standards
f. Driveways in accordance with public works standards
g. Mail boxes
h. Public signs
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i. Street lights
B . Use of Lights, Signs and Ribbons
a. Christmas lights maybe used from November 1st through January 31 st of each year.
No lights may be left on a tree in public right-of-ways beyond the allowed dates.
b. Private signs are not permitted within the boulevard.
c. Ribbons may not be nailed, stapled, glued or affixed to a tree without approval from the
Parks and Recreation Director or their designee. Ribbons shall be removed 30 days
after approval.
C. Any deviation from the permitted landscaping and development must be approved by the
Parks and Recreation Department prior to installation.
D . Prohibited landscaping and development
a. Anything not listed as permitted is prohibited. This includes but is not limited to river
rock, pea gravel, crushed and fractured rock, pavers and asphalt, concrete or other
impermeable surfacing outside of permitted accesses, trails or sidewalks.
b. Salt de-icers are not recommended for being placed on sidewalks or onto the
boulevards. Environmentally friendly de-icers are strongly encouraged.
c. Parking of vehicles, trailers and the storage of equipment or materials is prohibited
between the sidewalk and street curb.
d. Rock or other stone materials (fractured, river, shale, crushed etc.) shall not be used as
mulch for trees or other materials.
E. Property owner's responsibility (boulevards and right-of-ways)
a. Property owners are responsible for the maintenance of the boulevard adjacent to their
property. The boulevard shall be reasonably maintained as follows:
i. Grass shall be mowed or trimmed to keep the height below S inches after July 1
each year in accordance with Section to-S of the Kalispell City Code and kept
free from noxious weeds as defined by The State of Montana and Flathead
County weed Department
ii. Trees under (5) inches in diameter measured 41/z feet above ground shall be
watered weekly. Watering should be slow to penetrate through the root ball and
not to wash away mulch or soils that surround the root ball.
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iii. Leaves may be raked into the street during the city's leaf pick-up period or
placed in trash bags for removal with the weekly garbage pick-up. Leaves shall
not be raked into the street outside of the leaf pick-up period.
iv. Tree pruning in the boulevard shall be conducted in accordance with Ordinance
# 1O86 also known as the City of Kalispell Tree Ordinance.
A. Prohibited landscaping and development
a. Propagation of noxious weeds as defined by the State of Montana and Flathead County
Weed Department. Noxious weeds shall be controlled as defined by the State of
Montana or Flathead County.
b. The use of rock landscaping or rock mulch (defined as rocks less than 4 inches in
diameter) shall not be placed within 2 feet of any public right-of-way. A 2-foot
minimum grass vegetative buffer must be maintained on private property between those
areas that have rocks on private property and the adjacent street, sidewalk and or
pedestrian paths.
c. No person shall, by any type of construction, reduce the size of a boulevard without first
applying for and receiving a permit from the Kalispell Public works Department. Said
permit shall be reviewed by the Public works Department and Parks and Recreation
Department.
d. Landscaping in the boulevard shall be installed in accordance with Ordinance #940A
also known as the Site Obstruction Triangle Criteria.
B. Property owner's responsibility (private property)
a. Property owners are responsible for the maintenance of their property. Yards shall be
reasonably maintained as follows:
i. Crass shall be mowed or trimmed to keep the height below 8 inches after July 1
each year in accordance with Section 10-5 of the Kalispell City Code and kept
free from noxious weeds as defined by The State of Montana and Flathead
County Weed Department.
ii. Leaves may be raked into the street during the city's leaf pick-up period or
placed in trash bags for removal with the weekly garbage pick-up. Leaves shall
not be raked into the street outside of the leaf pick-up period.
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5. LANDSCAPING ON PRIVATE PROPERTIES (OTHER
DUPLEX) I
A. Landscaping and development
a. Landscaping and development on properties containing uses other than single family
residences and duplexes including; parking lots, landscape islands, barriers, may consist
of one or more of the following:
i. Grass or groundcover
ii. Trees (A minimum of a 4-foot diameter Fiber -- Mulch material is to be used
for a watering ring around trees)
iii. Fiber -Mulch
iv. Shrubs, Hedges, Vines
v. Perennial and/or annual beds
vi. Earth Mounds
vii. An irrigation system provided that irrigation heads shall be installed so as to
not spray water on the street or sidewalk.
viii. Access walkways
ix. Driveways
x. walls or fences
xi. Rock or stone materials (fractured, river, shale, crushed etc.) may be used as
accent materials. All rock or stone materials must have a minimum 2 foot
buffer between the areas it is used in and any public walkway and/or public
road.
b. Any deviation from the permitted landscaping and development must be approved by
the Parrs and Recreation Department prior to installation.
B. Prohibited landscaping and development (commercial property)
a. Propagation of noxious weeds as defined by the State of Montana and Flathead County
Weed Department. Noxious weeds shall be controlled as defined by the State of
Montana or Flathead County.
b. Rock or other stone materials (fractured, river, shale, crushed etc.) may not be used as
mulch for trees or other materials that water retention is a vital part to its viability.
c. No person shall, by any type of construction, reduce the size of a boulevard without first
applying for and receiving a permit from the Kalispell Public works Department. Said
permit shall be approved reviewed by the Public Works Department and Parks and
Recreation Department.
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d. Landscaping in the boulevard shall be installed in accordance with Ordinance #940A
also known as the Site Obstruction Triangle Criteria.
e. The use of rock landscaping or rock mulch (defined as rocks less than 4 inches in
diameter) shall not be placed within 2 feet of any A 2-foot minimum grass vegetative
buffer must be maintained on private property between those areas that have rocks on
private property and the adjacent street, sidewalk and or pedestrian paths.
C. Property owner's responsibility (commercial property)
a. Property owners are responsible for the maintenance of their property.
i. Grass shall be mowed or trimmed to keep the height below 8 inches after July 1
each year in accordance with Section 10-8 of the Kalispell City Code and kept free
from noxious weeds as defined by The State of Montana and Flathead County weed
Department.
ii. Trees under (5) inches in diameter measured 41h feet above ground shall be watered
weekly. Watering should be slow to penetrate through the root ball and not to wash
away mulch or soils that surround the root ball.
Leaves may be raked into the street during the city" s leaf pick-up period or placed in
trash bags for removal with the weekly garbage pick --up. Leaves shall not be raked
into the street outside of the leaf pick-up period.
iv. An irrigation system provided that irrigation heads shall be installed so as to not
spray water on the street or sidewalk.
Any person or corporation, whether owner, lessee, principal agent, employee, or otherwise, who
violates any provisions of these regulations or fails to comply with any of the requirements thereof
may be subject to penalties as a municipal infraction pursuant to Article 1-2 of this Code. Each day of
continued violation shall constitute a separate, additional violation. The Director of the Parks and
Recreation Department or his or her authorized agent is hereby authorized to enforce the development
restrictions and maintenance requirements of this chapter by issuing a civil citation.
Any person whose plan has been disapproved, or who has otherwise been aggrieved by a decision of
the Parks and Recreation Department, may make a written appeal, to the City Manager. Should the
City Manager not be able to resolve the platter, it shall be forwarded to the Kalispell City Council for a
final determination.
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