PUD ApplicationCity of Kalispell
Planning Department
17 - 2,6d Street East, Suite 211. Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PIID)
PROJECT NAME .Willow Creek
1. NAME OF APPLICANT: Tri on Inc. Attn: HubertTurner
2. MAIL ADDRESS: _3300 Hwy 2 West_
3. CITY/STATE/ZIP: _Kalispell_. ,R _ PHONE: _406-257-1682
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4. NAME: _Wayne E. Turner
5. MAIL ADDRESS: ,3300 Hwy 2 West
6. CITY/STATE/ZIP: _Kalispell, MT 59901PHONE: _406-257-1682
7. TECHNICAL ASSISTANCE:
8. MAIL ADDRESS:
9. CITY/STATE/ZIP PHONE:
If there are others who should be notified during the review process, please list those.
Check One:
Initial PUD proposal
_x_ Amendment to an existing PUD
A. Property Address: _964 Foys Lake Road
B. Total Area of Property: _ 138.940 acres__
Legal description including section, township & range: _Tracts 6-12 of COS
18086 in Section 13 Township 28 north Range 22 west, P.M.,M
C. The present zoning of the above property is: `R-3 / PUD
D. Please provide the following information in a narrative format with supporting
drawings or other format as needed:
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a. An overall description of the goals and objectives for the development of
the project.
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
C. The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms
of the land use, densities and dwelling types proposed in the plan;
e. The manner in which services will be provided such as water, sewer,
storm water management, schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
h. Where there are more intensive uses or incompatible uses planned
within the project or on the project boundaries, how with the impacts of
those uses be mitigated.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
j. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(l). Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings
and uses proposed for buildings;
(5). Layout and dimensions of streets, parking areas,
pedestrian walkways and surfacing;
(6). Vehicle, emergency and pedestrian access, traffic
circulation and control;
(7). Location, size, height, color and materials of signs;
(8). Location and height of fencing and/or screening;
(9). Location and type of landscaping;
(10). Location and type of open space and common areas;
01). Proposed maintenance of common areas and open space;
(12). Property boundary locations and setback lines
(13). Special design standards, materials and / or colors;
(14). Proposed schedule of completions and phasing of the
development, if applicable;
(15). Covenants, conditions and restrictions;
(16). Any other information that may be deemed relevant and
appropriate to allow for adequate review.
If the PUD involves the division of land for the purpose of conveyance, a preliminary
plat shall be prepared in accordance with the requirements of the subdivision
regulations.
Please note that the approved final plan, together with the conditions and restrictions
imposed, shall constitute the zoning for the district. No building permit shall be
issued for any structure within the district unless such structure conforms to the
provisions of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Kalispell Planning staff to be present on the
property for routine monitoring and inspection during review process.
(Applicant Signature)
3
(Date)
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Master
Plan or Growth Policy compatibility with the application, compatibility of
proposed zone change with surrounding zoning classifications, and the
application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Kalispell Planning
Department.
PUD Zoning Review Fee
Residential (no subdivision) $750.00 + $105/unit
Commercial (no subdivision) $950.00 + $50/acre
Residential (with subdivision) $550.00 + $50/acre
Commercial (with subdivision) $750.00 + $50/acre
D. A bona fide legal description of the subject property and a map showing the
location and boundaries of the property.
E. A list of the names and mailing addresses of all property owners within 150 feet
of the subject property as shown on the Assessor's roll. Public streets and right
of ways are not included in the 150 feet. See example below and attached
notice from County Plat Room.
Assessor No Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address
Please consult the with staff of the Kalispell Planning Office for submittal dates and
dates for the planning board meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled. The
application must be accepted as complete forty-five (45) days prior to the scheduled
planning board meeting.
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Paula Robinson
Flathead County Clerk and Record
800 South Main Street _
Kalispell, MT 59901-
Phone (406) 758-5530
Date: Thursday, July 15, 2004
To: Whom It May Concern
From: Paula Robinson, Clerk and Recorder
Subject. Adjacent Property Ownership List
Effective August 1 st, 2004, adjacent property ownership lists will no longer be done by
the Plat Room but, instead, by the GIS Department.
The process to obtain a certified list of adjacent property ownership will be initiated in
the GIS Department. Your certified list will be available for pick uQ one week from the
date ordered and can be Picked up in the Plat Room. The search fee is $75.00.
Additional updates are $40.00. Please make your checks payable to Flathead County.
This charge is due at the time of the request to the GIS Department.
Please have the Planning Office fill out and sign the attached form and take your
request to the Flathead County GIS Department at 800 South Main Street, located on
the third floor of the old Courthouse building.
This certified list of the subject property (excluding any surrounding right-of-way) that
you will receive will include owner, mailing address, assessor number, legal description
and map.
Please note that the Planning Office will also accept ownership lists searched and
certified by a local title company if you would like to pursue this avenue.
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ADJACENT OWNERSHIP LIST REQUEST FORM
TO BE FILLED OUT BY THE PLANNING OFFICE, SURVEYOR OR ENGINEER
PROPERTY OWNER
SUBJECT PROPERTY
• ASSESSOR #
SUBJECT PROPERTY
LEGAL DESCRIPTION
SEC -TOWNSHIP -RANGE
BUFFER FOOTAGE
CONTACT PERSON
• PHONE #
MAILING ADDRESS
= TODAYS DATE
JULIAN DATE
PICKUP DATE
SUBCODE
PLANNER, SURVEYOR
OR ENGINEER
Wayne E Turner
0012786, 0012787, 0662950, 0583350, 0012785
Tracts 6 — 12 of COS 18086
Section 13, Township 28 N, Range 22 West
150 Feet
Hubert Turner
261-0728
Fields marked with an * are required.
Incomplete forms will not be accepted.
Allow 1 week from receipt by GIS office.
5-13-2009
The following PUD narrative is submitted in response to
the Application for Planned Unit Development (PUD),
subsection E
E. Please provide the following information in a
narrative format with supporting drawings or other
format as needed:
a. An overall description of the goals and objective
for the development of the project.
The Willow Creek Subdivision is a planned residential
proj ect to be located in Kalispell that is designed with a
range of product types, single family residential and
townhouse lots to appeal to a diverse demographic. The
unique blend of lot sizes and products combined with an
expansive trail network link the proposed proj ect's open
spaces and parks creating a walkable, pedestrian
friendly community.
b. In cases where the development will be executed in
increments, a schedule showing the time within
phase will be completed.
Developed from a Preliminary Plat, Willow Creek is
submitted for review and approval as a phased project.
The Preliminary Plat will be implemented as follows:
Installation of improvements will begin as soon as
practicable after Preliminary Plat approval and is
projected to be completed in 8 phases. See Phasing
Plan. The final phase is projected to be completed in the
fall of 2015.
The plat is designed so that each phase will be self
supporting. Multiple access points to the subdivision
will also be available to each phase. Two access points
on to Foys Lake Road will be constructed with the first
phase. A third access point on Highway 2 will be
constructed with the sixth phase of development.
c. The extent to which the plan departs form zoning
and subdivision regulations including, but not
limited to density, setbacks, and use, and the reasons
why such departures are or are not deemed to be in
the public interest.
The Willow Creek PUD and Subdivision diverges in
some aspects from the zoning and subdivision
regulations. For detailed descriptions and specific
iRe] r1 Lqr:�:�:fl��•A�
relaxations please see the section of this submittal titled
"Zoning Relations for PUD".
The Applicant concludes that the adjacent property
owners, general public and the new residents of Willow
Creek will benefit from the requested relaxations, rather
than negatively impacted by them. This is due to the
relaxations integration with the design guidelines and
CCR&E's, which in general, are more restrictive.
The relaxations also facilitate the opportunity for home
ownership to a wider demographic than what would be
available otherwise. It should be noted that the revised
plan reflects changes that are influenced by comments
made by the Planning Board, the planning staff, public
works, the City Council, public hearings, the staff
report, and conditional approval of the original Willow
Creek approval.
d. The nature and extent of the common open space
in the project and the provisions for maintenance
and conservation of the common open space; and the
adequacy of the amount and function of the open
space in terms of the land use, densities and dwelling
types proposed in the plan.
As shown on the site plan open space has been carefully
integrated throughout the overall design of Willow
Creek. Two different types of open space are
designated. They are: park areas and open space. Both
types of open space will contribute to the quality of life
for the residents and neighbors. The meticulously
planned locations of these open spaces will provide for
close and easy access to active and passive recreational
opportunities.
e. The manner in which services will be provided
such as water, sewer, storm water management,
pedestrian access, recreational facilities and other
applicable services and utilities.
In cooperation with local and regional utility providers
and applicable regulations, the developer will provide
infrastructure and utilities for the entire development
within future designated utility easements that lie within
the main right-of-ways. To the largest extent possible
utilities will be located in the alley right of ways. For
the most part, sanitary sewer and dry utilities will be in
the alley right-of-way. Dry utilities include, at a
minimum, power and telephone and may include natural
gas, cable TV and other beneficial utilities. Water,
storm sewer, and pedestrian access will be within the
road right-of-ways. The builders of the single family
homes and townhouses will be responsible for taking
these utilities from the right-of-ways to the structure
being built on each lot.
Storm water will be addressed in two main ways.
Infiltration ponds will be used where soils are conducive
to their installation. In other areas storm water will be
treated in wet ponds prior to being discharged into
Ashley Creek. To the largest extend possible and within
City of Kalispell standards storm water will be
conveyed to both the infiltration ponds and the wet
ponds overland.
The developer will install asphalt roads with curbs and
gutters. Alleys will also be constructed of asphalt,
without curbs and gutters. Concrete sidewalks 5' wide
will be installed by the developer along main roads but
not along alleys. A trail system constructed 10' wide
out of asphalt will link residential areas, open spaces,
and parks. A series of pedestrian pathways have been
incorporated throughout the subdivision.
Traffic will be mitigated in accordance with the Traffic
Impact Study that was prepared by Abelin Traffic
Services and approved by the Montana Department of
Transportation. Further mitigation of traffic will be
achieved by the construction of a connection road from
Foys Lake Road to Highway 2. This connection will be
completed with the fifth phase of the development. For
additional traffic mitigation information please refer to
the Traffic Impact Study.
It is anticipated that the school age children living in
Willow Creek will attend School District 5 schools.
During the design and approval process of the original
Willow Creek submittal a letter was sent to the school
district solicitating their comment on the project. No
comment was received. Since the primary effect of the
revised submittal is to decrease the density of Willow
Creek additional solicitation of comment is not deemed
necessary.
General mail delivery locations are shown in the
attached exhibit. It is not substantially different from
the original submittal. Design specifics for mail drop-
off/pick-up areas and trash pick-up areas will be
integrated into the design of Willow Creek during the
engineering and final plat stages of the project. It is the
applicant's intent to coordinate the design of trash and
mail facilities with the USPS and the local solid waste
collection company.
f. The relationship, beneficial or adverse, of the
planned development project upon the neighborhood
in which it is proposed to be established.
During the approval process of the original Willow
Creek application great pains were gone to not only
reach out to the neighborhood, but also to address the
concerns raised to the greatest extent possible. The
approved plan for Willow Creek had been significantly
modified to address several concerns. Chief among
those concerns was the density of the project. As this
revised Willow Creek plan greatly reduces the overall
density of the project, the developer believes that the
revised application better addresses neighborhood
concerns.
g. How the plan provides reasonable consideration to
the character of the neighborhood and the peculiar
suitability of the property for the proposed use.
It is understood that the Kalispell area is in need of
quality housing that is reasonably priced. While the
local real estate market is going through a tough time,
this need is not being fully met. It was the intent of the
original Willow Creek to better meet this need, and it
will continue to be a primary goal of the developer. The
applicant feels that by amending the approved plan
while maintaining the design, concepts and intent
written into the original Willow Creek that the need for
more quality, reasonably priced housing can be met in
part.
As with the approved Preliminary Plat, the revised
Willow Creek continues to situate the areas of increased
density toward the center of the project. Larger lots are
located along the perimeter of the proj ect with the
largest lots being placed along the westerly boundary of
the project to create a buffer between adjacent existing
homes and the higher density areas of Willow Creek.
The buffer strip that is along Foys Lake Road is being
retained in the revised Willow Creek to continue to
minimize visual impacts.
Over 29% of the total area of the revised application is
dedicated to open space, either in the form of open
space or parkland. This percentage is increased from
the approved Willow Creek PUD. This increase will
work to better buffer the project from the surrounding
properties. All of the open spaces will continue to
provide both passive and active recreational
opportunities for both the residents of Willow Creek and
the neighboring property owners.
h. Where there are more intensive uses or
incompatible uses planned within the project or on
the project boundaries, how will the impacts of those
are mitigated.
To spatially delineate land use types and architectural
styles, separation with roads and differing land use
designs have been planned.
Buffering between units has been carefully thought out
and integrated into the project.
The open space along Ashley Creek will act as a buffer
to any future development to the North of Willow
Creek, and will have water quality treatment designs
rolled into the master plan.
The East side of the project is buffered from the
proposed Kalispell By-pass with berming and open
space.
L How will the development will further the goals,
policies and objectives of the Kalispell Growth
Policy.
It is understood that the Willow Creek subdivision is
within the City of Kalispell Growth Policy 2020
boundary. The proj ect is designed to meet the goals of
the growth policy in many ways. The following is a list
of several goals found in the City of Kalispell Growth
Policy and the ways it is felt that Willow Creek helps to
achieve each one. This list is not intended to be a
complete list of every goal of the growth policy or every
benefit of Willow Creek, but rather a list of example of
the many ways Willow Creek will improve the City of
Kalispell.
Encourage efficient use of space, orderly growth
consistent with high quality of life, fiscal soundness,
environmental conservation and community health.
By utilizing small lots and slay out Willow Creek has
very good use of space. Increased density allows for the
creation of many house lots while protecting the open
areas further from the city limits.
Encourage housing types that provide housing for all
sectors and income levels within the community.
Willow Creek is designed as an affordable
neighborhood. The project will create housing for those
who cannot afford a $300,000 house.
New Urban and suburban development occurs in
areas where public water and sewer are available.
City water and sewer are stubbed out to the edge of this
property, making it an ideal candidate for urban
development.
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.
Willow Creek is intended to create a new type of
housing that is not currently available in the Flathead
Valley. Although there is not a large difference in the
housing that will be provided within Willow Creek it
does create a mixture of housing in the greater
community that is currently not there.
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.
The availability of affordable housing in Kalispell is
lacking. Willow Creek will work to fill that void and
create affordable housing with of a type and design not
before seen in Kalispell.
Development near environmentally sensitive areas
should be accomplished so that these features are left
in an undisturbed state.
Great pains have been taken to ensure that
environmentally sensitive areas on the Willow Creek
site will be protected forever. Willow Creek allows for
the preservation and reclamation of almost a mile of
Ashley Creek. The south side of the creek will be
placed in the public domain and protected from future
development or degradation.
Protect wetland and riparian areas since they are
important in flood protection, maintaining water
quality and providing habitat.
Willow Creek will protect the flood plains and wetlands
along Ashley Creek adjacent to the project. A detailed
floodplain study has been conducted on the site and
accepted by FEMA. A Letter of Map Revision has been
completed on the site to ensure that no area of
development is within the 100 year floodplain.
Encourage design that is consistent with and
contributes to the character of the area and that
promotes safe and accessible pedestrian access and
movement.
Willow Creek provides for pedestrian access within the
project as well as along its borders. The project
provides for not only sidewalks throughout the
subdivision, but also bike and pedestrian trails around
the perimeter and connecting the open space areas.
Further, the project is designed in a neo-traditional style
that will work to enhance the character of the
community as a whole.
Provide a balanced distribution and diversity of
recreational facilities and pedestrian/bicycle paths
that provides access for all age groups.
The wealth of recreational opportunities within Willow
Creek is unmatched by any proj ect previously built in
the City of Kalispell. Ashley Creek, along with the trail
and open space along it, provide an unmatched passive
recreational amenity. This is complimented by two
large park areas in the interior of the project. All of the
common/open areas are linked together by an extensive
trail system.
All roads, parking lots and alleys are paved.
All roads, parking lots and alleys are paved within
Willow Creek.
Make public sewer available to areas that are in
close proximity to services.
Willow Creek will allow for city water and sewer
services to be extended over a half a mile to the west.
City water and sewer services will also be extended
north to Highway 2. This will allow access to city
services to adjacent properties that was previously
impractical.
All waterlines be looped to provide adequate fire
flows for hydrants.
The water lines within Willow Creek will be looped and
adequate fire flows will be provided through Willow
Creek.
When new mains are installed consideration should
be given to the future needs of the area.
As the engineering process for Willow Creek proceeds,
a great deal of consideration will be given to the future
needs of the area. This includes not only main sizing,
but also infrastructure revitalization and main extension.
All new development have adequate storm water
management facilities primarily using on -site
retention.
As we proceed though the engineering process adequate
storm water facilities will be provided. These treatment
processes will include the use of wet ponds as well as
infiltration ponds
Encourage the expansion of the transportation
system to divert through traffic from the downtown
area to make it more pedestrian friendly.
The corridor of the proposed Kalispell By -Pass has been
preserved along the eastern boundary of Willow Creek.
Creation of this by-pass is critical to diverting traffic out
of the downtown area and creating a safer environment
for pedestrians in that area.
A new road that connects Foys Lake road to Highway 2
is proposed to be constructed as an emergency access
with the first phase of development. This road will be
upgraded to a city street prior to the platting of 200 lots.
This will act as a kind of mini by-pass along with the
new highway that is being built and will continue to
service local traffic that previously had no choice but to
use Meridian road as a main transportation route.
j. Include site plans, drawings and schematics with
supporting narratives where needed that includes the
following information:
(1) Total acreage and present zoning classifications;
The Willow Creek site is 138.94 acres.
Currently the Willow Creek site has been annexed into
the City of Kalispell and is Zoned R-3. The zoning
designation includes a PUD overlay from the original
Willow Creek submittal that was approved.
(2) Zoning Classifications of all adjoining properties;
R-1 and I-2 are the zoning classifications of the
adjoining properties. The County R-1 zone is located
the west (Stoneridge) and to the south across Foys Lake
Road. The County I-2 zone is located across Ashley
Creek from Willow Creek to the North and East.
(3) Density in dwelling units per gross acre;
The density of the revised Willow Creek project is 3.39
units per acre. This is a reduction from 3.79 units per
acre that was previously approved.
(4) Location, size, and number of stories for
buildings and uses proposed for buildings;
It is impossible to determine if the total maximum
number of stories of a single family home or a
townhouse in Willow Creek will be two or three. There
will be a height restriction of 35 feet throughout the
subdivision, so as a practical matter two stories will
likely be the maximum height.
(5) Layout and dimensions of streets, parking areas,
pedestrian walkways and surfacing;
The streets within Willow Creek are configured to
accommodate and route traffic toward ingress/egress
locations. Three road types are provided in the Willow
Creek proposal. The first being contained in an 80'
right-of-way and having a 32' paved surface. The
second and third road types are contained in 60' right-
of-ways and having a 32' and 28' paved surface
respectively. The alley right-of-ways in Willow Creek
are 20' wide with a 16' paved surface. Each alley will
have a 2' gravel shoulder on each side.
The amount of available parking for each unit in Willow
Creek is mandated by both the CCR&E's and the
Design Guidelines to comply with the City of Kalispell
parking ordinance and R-3 zoning requirements.
Access to the park areas is provided for not only by the
street design of Willow Creek, but also by the extensive
trail system proposed for the project. It will also be
possible to extent the trail system to neighboring
developments and trails to create a more extensive and
effective pedestrian transportation system.
(6) Vehicle, emergency and pedestrian access, traffic
circulation and control.
A configuration of streets within the 80', 60', and alley
right-of-ways will accommodate vehicular traffic. City
of Kalispell and AASHTO standards dictate
requirements for emergency vehicles. These standards
will be met in during the engineering process. Traffic
control devises (i.e. stop signs, yield signs) will be
installed in accordance with City of Kalispell standards.
(7) Location, size, height, color and materials of
signs.
The Willow Creek Design Guidelines will dictate the
location, size, height, color and material of any sign in
Willow Creek. The City of Kalispell sign ordinance
will further control signage.
(8) Location and height of fencing and/or screening.
The Willow Creek CCR&E's as well as the Design
Guidelines govern the design, and construction of all
fencing and/or screening. The developer will install all
common area fencing. Lots with unique arrangements
and areas requiring separation will be fenced to achieve
aesthetic or functional purposes where needed.
(9) Location and type of landscaping;
The Willow Creek CCR&E's and Design Guidelines
will govern the installation of landscaping on the
residential lots. The landscaping of the common areas
and parks is show in enclosed landscape plan.
(10) Location and type of open space and common
areas;
The revised Willow Creek submittal contains 41.23
acres or 29.7% of parkland or open space. This is an
increase from the approved Willow Creek PUD. The
Willow Creek parks and open space have been designed
to be accessible by all of the residents of Willow Creek
and the City of Kalispell.
(11) Proposed Maintenance of common areas and
open space;
Any common area in Willow Creek that is owned by the
City of Kalispell (i.e. the parks) will be maintained by
the Department of Parks and Recreation. Common
areas that are not owned by the City of Kalispell will be
owned by the Willow Creek HOA. The homeowners'
documents for Willow Creek establish the HOA and
outlines mechanisms for the maintenance of the
common area.
(12) Property boundary locations and setback lines;
The Willow Creek Draft CCR&E's and the Design
Guidelines provide the criteria for establishing the
boundary and setback locations.
(13) Special design standards, materials and/or
colors.
The Willow Creek Design Guidelines will govern
design standards, materials and other issues relating to
the look of the single family homes and townhouses.
(14) Proposed Schedule of completions and phasing
for the development.
The initiation of improvements will begin as soon as
practical after approval. Completion of improvements is
expected in 2014with one phase being constructed each
year. The enclosed phasing plan outlines the
progression of construction.
(15) Covenants, conditions, and restrictions.
Please refer to the Draft Willow Creek CCR&E's.
(16) Any other information that may be deemed
relevant and appropriate to allow for an adequate
review.
None at this time, although any questions that might be
left unexplained can be answered upon request.
The Applicant is requesting the following relaxations
from the City of Kalispell Subdivision Regulations,
the City of Kalispell Zoning Regulations and the
Conditions of Approval of the Willow Creek PUD.
The Applicant also requests relaxations from other
requirements or requests that are not a part of the
City of Kalispell Subdivision or Zoning Regulations,
but have been requested by the Kalispell Planning
Staff. The relaxations have been determined after
careful consideration so that the integrity of the
design and vision of the overall community are
positively enhanced, rather than negatively
influenced or impacted.
Relaxation 1: From Subdivision Regulation,
Section 3.07, B
(Design Standards — Blocks)
Description: The Applicant requests the allowance of
a longer block length than the permitted maximum of
1,200 feet. The layout of lots in Willow Creek
contains several blocks which are in excess length,
according to the specified maximums in the
regulations. The Applicant is also requesting
allowance of a shorter block length than the
permitted 300 feet.
The Applicant believes that this is necessary to create
the overall design intent and that it does not
negatively impact the adjacent properties or internal
lots within the subdivision. Pedestrian connections
and vehicular access are provided to mitigate any
concerns relating to connectivity within the
subdivision.
Relaxation 2: From Subdivision Regulation,
Section 3.06, E
(Minimum Building Site)
This regulation requires that each lot in Kalispell
allow for a 40 foot by 40 foot building footprint.
Willow Creek is a high density affordable
development based on a small lot concept. The
minimum lot width Willow Creek is only 40 feet
wide. In order to maintain this concept relaxation
from this regulation is necessary.
The granting of this relaxation will allow for more
affordable homes to be built on the smaller lots in
Willow Creek. These smaller lots also allow for the
preservation of over 4,000 feet of riparian area near
SUBDIVISION, ZONING, AND
CONDITION RELAXATIONS FOR
PUD
Ashley Creek and the dedication of almost 48 acres
of open space and parkland.
Relaxation 3: From Subdivision Regulation,
Section 3.09, A
(Streets and Roads - Design Standards)
The Applicant is requesting that a relaxation be
granted allowing for a short section of roadway to be
built without boulevards. This short section of
roadway is the portion of Plymouth Crossing that
crosses Ashley Creek. The culvert that the crossing
is proposed on is not wide enough to allow for
boulevards. Further, it is not deemed desirable by the
applicant to maintain trees and other vegetation in the
culvert area.
This relaxation will allow for the construction of the
proposed roadway without further disruption to
Ashley Creek, protecting this resource. Ashley Creek
is already a distressed stream, and disruption only
puts it at greater risk.
Relaxation 4: From Zoning Regulation, Section
27.06.020
(R-3 Urban Single Family Residential — Permitted
Uses)
Townhouse / Row house type development is not
specifically discussed with the permitted uses of the
R-3 Zoning chapter. Regardless the Applicant
requests that allowance of the Townhouses and Row
houses within the Willow Creek development. The
Applicant feels it is important to provide additional
opportunities for residential ownership via
townhomes and row houses.
Relaxation 5: From Zoning Regulation, Section
27.06.040 (1)
(R-3 Urban Single Family Residential — Property
Development Standards)
Description: The Applicant requests the allowance of
a smaller Minimum Lot Size than the zoning
regulation permits. A minimum lot area of 2,400
square feet is requested for the single family and
townhome lots within Willow Creek. The zoning
regulation requires a minimum of 7,000 square feet.
The Applicant believes that this is necessary to
provide a tight -knit home town community with
affordability and low maintenance lots.
Relaxation 6: From Zoning Regulation, Section
27.06.040 (2)
(R-3 Urban Single Family Residential —Property
Development Standards)
Description: The Applicant requests a smaller
minimum lot width requirement than is permissible in
the zoning regulations. The zoning regulations set
the minimum lot with at 60 feet. The applicant
requests that the minimum lot width be 24 feet.
The Applicant believes that this is necessary to create
the overall design intent and that it does not
negatively impact the adjacent properties or internal
lots within the subdivision. The Applicant further
believes that this is necessary to provide a tight -knit
home town community with affordability and low
maintenance lots.
Relaxation 7: From Zoning Regulation, Section
27.06.040 (3)
(R-3 Urban Single Family Residential —Property
Development Standards)
Description: The Applicant requests the allowance of
differing front, rear and side yard setbacks for the R-
3 zoning designation. The zoning regulations require
setbacks of 20 feet for front, back, and side corner
yards. The Applicant proposes ten foot setbacks for
front yards and for side corner yards. Five foot
setbacks for back or rear yards of lots that are alley
loaded, and ten foot rear yard setbacks for lots which
are not alley loaded.
The Applicant is confident that this will benefit the
overall layout of the townhome units, as well as the
small single family residential units, by allowing the
homes to be placed closer to the street and creating a
more interaction with the streetscape and the
pedestrian interface. The reduced rear yard setback
will make alley loaded garages more practical. In
addition, it allows the lots to be more buildable, with
less green space to maintain, appealing to a "low
maintenance" buyer.
Relaxation 8: From Zoning Regulation, Section
27.06.040 (6)
(R-3 Urban Single Family Residential —Property
Development Standards)
Description: The Applicant requests that a greater
percentage of lot coverage be allowed than the
zoning regulation permits. Maximum lot coverage of
90% is requested. The zoning regulation allows for
maximum lot coverage of 40%.
The applicant believes that this will allow for better
design within Willow Creek. This request is made in
the effort to minimize sameness within a
neighborhood of modest, low maintenance,
affordable homes.
Relaxations from Conditions of Approval
Relaxation 1: Conditions 5,6 and 11 Conditions of
Approval
These conditions have entirely to do with
Condominium Units, which are no longer a part of
Willow Creek. It is requested that these conditions
be removed.
Relaxation 2: Conditions 13, 19, 20, 48, and 49
Conditions of Approval
These conditions refer to a future submittal a several
landscaping plans for the park areas and the open
spaces of Willow Creek. It is requested that these
conditions be removed, and the submitted landscape
plans included with this submittal be accepted as the
fulfillment of these conditions.
Relaxation 3: Conditions 22 and 40 Conditions of
Approval
These two conditions are identical. They state that
individual driveways are to be prohibited on Willow
Creek Drive. With the new configuration of the
subdivision, and the new scheme for handling traffic
internally, the through traffic will now be routed
around the perimeter of the project. Along Willow
Creek Drive and Pembrook Drive, the two roads
expected to handle this traffic, alleys have been
added where practical. This leaves 18 medium to
large Single -Family lots along Willow Creek Drive
and 7 medium to large Single -Family lots along
Pembrook Drive without alley access. It is not
deemed practical to provide alley access to these lots,
so it is requested that this not be required.
Relaxation 4: Conditions 38 and 39 Conditions of
Approval
These two conditions have to with the completion
and submittal of a Traffic Impact Study for the
Willow Creek subdivision. The Final TIS for Willow
Creek is submitted here for your review. It has been
reviewed and approved by the Montana Department
of Transportation. As a result of this we are
requesting that conditions 38 and 39 be removed and
a new condition put in its place similar to that place
on other subdivisions and PUDs in Kalispell (i.e.
Starling Phase 1). The new condition would read;
"All mitigation required as part of the approved
traffic study shall be completed. Mitigation may
include but is not limited to improvements to Foys
Lake Road, Meridian Road, or U.S. Hwy 2. All
improvements shall be reviewed and approved by
either the Public Works Department or Montana
Department of Transportation. A letter from the
Kalispell Public Works Department or Montana
Department of Transportation shall be submitted
stating that all new infrastructure has been accepted
by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter
stating that a proper bond has been accepted for the
unfinished work by the appropriate agency is
required."
Relaxation 5: Condition 43 Conditions of
Approval
This condition requires that a noise study be done to
show how a traffic noise level from the Kalispell By -
Pass of 60dBA can be achieved for the lots along the
east side of Willow Creek. That noise study has been
completed, and is enclosed for your review. The
mitigation measures required are addressed in both
the grading plan submitted here as well as the
landscaping plan. It is requested that this information
be reviewed and approved at this time and that this
condition be revoked.
Relaxation 6: Condition 44 Conditions of
Approval
This condition requires that a letter be provided from
the Montana Department of Transportation stating
that right-of-way shown on the plat is sufficient to
construct the Kalispell By -Pass. The right-of-way
necessary for the construction of the Kalispell By -
Pass has been sold to the Montana Department of
Transportation. It would not be possible for Willow
Creek to encroach on the right-of-way as it is no
longer owned by the developer. For this reason it is
requested that this condition be revoked.
Relaxation 7: Condition 54 Conditions of
Approval
This condition requires that a detailed floodplain
study be conducted on Ashley Creek and that the
study be accepted by FEMA. This study has been
completed and has been accepted by FEMA. The
letter of acceptance from FEMA is enclosed for your
review. For this reason it is requested that this
condition be revoked.
Phasing
Phase One
Phase Two
Phase Three
Phase Four
Phase Five
Phase Six
Phase Seven
Phase Eight
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Willow Creek will be developed in eight
phases. It is predicted that the phases will
be completed on the following schedule:
Phase One - Fall of 2010.
Phase Two - Early Summer 2011
Phase Three - Fall 2011
Phase Four - Early Summer 2012
Phase Five - Fall 2012
Phase Six - Late Summer 2013
Phase Seven - Late Summer 2014
Phase Eight - Late Summer 2015
Phase One contains approximately 14 acres.
This phase has a total of 30 units and 5.6
acres of parkland/open space. The density
of this phase is 2.14 units per acre. This
parkland/open space will be improved and
landscaped with this phase. Additionally,
the land for Park "E" (6.8 acres) will be
dedicated with Phase One, but the grading,
landscaping and other improvements will
not be completed until Phase Two. Also
with this phase, the bike/pedestrian path
between the two entrances along Foys Lake
Road will be constructed. This path will not
connect to the pedestrian facilities along the
Kalispell By -Pass. At this time the
developer is not aware of exactly what
pedestrian improvements are planned with
the Kalispell By -Pass or when those
improvements will be installed. We feel that
delaying a connection to these
improvements until Phase Three is the best
approach. Phase One will also include the
construction of strom water wet ponds 2 and
3. These ponds will be constructed to their
full capacity with Phase One. Water service
to this phase will be provided by connecting
to the existing water pipe along Foys Lake
Road. Sewer service to this phase will be
provided by either installing a lift station
along Foys Lake Road or connecting to an
existing lift station in the Lone Pine Trails
Phasing Narrative
subdivision to the south of Willow Creek.
This determination will be made as the
engineering design and approval process
continues.
Phase Two contains approximately 26 acres.
This phase has a total of 65 lots and 10 acres
of parkland/open space. The density of this
phase is 2.5 units per acre and upon
completion of this phase the overall density
of Willow Creek will be 2.3 units per acre.
This parkland/open space will be improved
and landscaped with this phase. Also with
this phase, the bike/pedestrian paths in the
southwest corner of Willow Creek and the
paths in the park/open space area contained
in this phase will be constructed. Phase
Two will also include the construction of
storm water wet pond number 1. This pond
will be constructed to its full capacity.
Water and sewer service for this phase will
be provided by connecting to the water and
sewer infrastructure installed for Phase One.
Phase Three contains approximately 8 acres.
This phase has a total of 24 lots and 0.5
acres of parkland/open space. The density
of this phase is 3 units per acre and upon
completion of this phase the overall density
of Willow Creek will be 2.5 units per acre.
This parkland/open space will be improved
and landscaped with this phase. Also with
this phase, the bike/pedestrian paths in the
southeast corner of Willow Creek and a
connection to the pedestrian facilities of the
Kalispell By -Pass will be constructed.
Phase Three will also include the
construction of any required improvements
to Foys Lake Road. At this time the exact
required improvements are not known. This
information will be known at the conclusion
of the engineering design and approval
process as well as the systems impact
process being conducted by MDT. Water
and sewer service for this phase will be
provided by connecting to the water and
sewer infrastructure installed for Phase One.
Phase Four contains approximately 9 acres.
This phase has a total of 59 lots and 0 acres
of parkland/open space. The density of this
phase is 6.5 units per acre and upon
completion of this phase the overall density
of Willow Creek will be 3.1 units per acre.
Water and sewer service for this phase will
be provided by connecting to the water and
sewer infrastructure installed for Phase One.
Phase Five contains approximately 8 acres.
This phase has a total of 33 lots and about 5
acres of parkland/open space. The density
of this phase is 4.1 units per acre and upon
completion of this phase the overall density
of Willow Creek will be 3.2 units per acre.
This parkland/open space will be improved
and landscaped with this phase. Also with
this phase, the bike/pedestrian paths in the
northwest corner of Willow Creek will be
constructed. Phase Five will also include
the construction of storm water pond A.
This pond will be constructed to its full
capacity. Water and sewer service for this
phase will be provided by connecting to the
water and sewer infrastructure that will be
installed to the north of Willow Creek.
Additionally, a water connection to the
previous phases of Willow Creek will be
made to loop the water service.
Phase Six contains approximately 25 acres.
This phase has a total of 47 lots and 14.56
acres of parkland/open space. The density
of this phase is 1.8 units per acre and upon
completion of this phase the overall density
of Willow Creek will be 2.8 units per acre.
This parkland/open space will be improved
and landscaped with this phase. Also with
this phase, the bike/pedestrian paths in the
northern portion of Willow Creek will be
constructed. Phase Six will also include the
construction of storm water pond B. This
pond will be constructed to its full capacity.
Water and sewer service for this phase will
be provided by connecting to the water and
sewer infrastructure that will be installed to
the north of Willow Creek. Additionally, a
water connection to the previous phases of
Willow Creek will be made to loop the
water service. Phase Six will include the
2001h lot constructed in Willow Creek. This
is the most conservative threshold outlined
in the traffic analysis that has been done for
Willow Creek that requires a connection to
Highway 2 to be constructed. Consequently,
it is with this phase that this road will be
constructed. This road will be constructed
as a city street, open to the public for full
use.
Phase Seven contains approximately 21
acres. This phase has a total of 128 lots and
about 3 acres of parkland/open space. The
density of this phase is 6 units per acre and
upon completion of this phase the overall
density of Willow Creek will be 3.47 units
per acre. This parkland/open space will be
improved and landscaped with this phase.
Also with this phase, the bike/pedestrian
path in the parkland/open space portion of
this phase will be constructed. Water and
sewer service for this phase will be provided
by connecting to the water and sewer
infrastructure that will be installed to the
north of Willow Creek. Additionally, a
water connection to the previous phases of
Willow Creek will be made to loop the
water service.
Phase Eight contains approximately 28
acres. This phase has a total of 85 lots and
10 acres of parkland/open space. The
density of this phase is 3 units per acre and
upon completion of this phase the overall
density of Willow Creek will be 3.38 units
per acre. This parkland/open space will be
improved and landscaped with this phase.
Also with this phase, the bike/pedestrian
paths in the eastern portion of Willow Creek
will be constructed. Phase Eight will also
include the construction of storm water pond
C. This pond will be constructed to its full
capacity. Water and sewer service for this
phase will be provided by connecting to the
water and sewer infrastructure that will be
installed to the north of Willow Creek.
Additionally, a water connection to the
previous phases of Willow Creek will be
made to loop the water service. Also with underway, but because it is contained in
Phase Eight, the sound mitigation berm will Phase Eight it will be completed with this
be completed and landscaped. The phase.
construction of the berm is currently