09. Ordinance 1613 - Initial Zoning and PUD Overlay - Valley Ranch - 1st ReadingReturn to:
Theresa White
Kalispell City Clerk
PCB Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1613
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO, 1460)9 BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 2, TRACT 3 AND
TRACT 2BC IN SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10, SUBURBAN
AGRICULTURAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), WITH A PLANNED
UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Gateway Properties, Inc., the owner of the property described above, petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land be zoned R-2, Single Family Residential, with a Planned Unit Development
overlay on approximately 80.8 acres of land, and
WHEREAS, the property is located on the east side of Highway 93 approximately 1 V2 miles north
of the intersection of highway 93 and West Reserve Drive, and
WHEREAS, the petition of Gateway Properties, Inc. was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-07-51 KPUD-07w2, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-2, Single Family Residential, with a Planned
Unit Development overlay, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 10,
2007 and May 8, 2007, and recommended that the initial zoning be City R-2, Single
Family Residential with a Planned Unit Development overlay, upon annexation to the
City of Kalispell, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, Single Family Residential with a Planned Unit Development overlay,
the City Council finds such zoning to be consistent with the Kalispell Growth Policy
2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and
State, Etc. v. Board of Coun Commissioners Etc. 590 P2d 602, the findings of fact
of KPD as set forth in Staff Report No. KA-07-51 KPUD-07-2.
Now THEREFORE} BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010. of the official zoning Map of the Kalispell zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as R-2, Single Family Residential with a Planned
Unit Development overlay on approximately 80.8 acres.
SECTION II. The Planned Unit Development proposed by Gateway Properties, Inc upon
the real property described above is hereby approved, subject to the following
conditions:
General Conditions:
1. That the development of the site shall be in substantial compliance with the following plans,
materials and other specifications as well as any additional conditions associated with the
PUD as approved by the city council:
• Valley Ranch PUD plan dated 4-23-07
• Valley Ranch PUD plan indicting lots sizes and land use types dated 4-23-07.
Note: The approved PUD allows the density to increase in the R-2 district as well as
allow a reduced lot size and width to accommodate the proposed PUD plan.
2. Townhouse lots with a configuration of 2 or more units shall be permitted within the Valley
Ranch PUD however all garages shall be alley loaded.
3. An assisted and independent living facility shall be permitted within the Valley Ranch PUD.
Prior to obtaining a building permit for the assisted and independent living facility the
developer shall submit an amendment to the Valley Ranch PUD for a public hearing showing
the location, size, elevations, landscaping and parking associated with the assisted and
independent living facility. Note: The building shall incorporate four sided architecture and
an on -site public transit location. Building plans shall incorporate the use of an automatic
fire suppression system.
4. Setbacks shall be amended as follows and shall apply only to the house unless otherwise
specified:
a. 10 feet for the side corner property boundary on all of the lots
b. 5 foot side setbacks on all lots except the larger detached single family lots lining the
northern and eastern boundaries of the project site (lots 1-16 and 179-204 as shown
on the Valley Ranch Planned Unit Development)
C. 5-foot rear yard setback for the garage only on all lots with alley access. The 10-foot
rear setback shall still apply to those lots without alley access.
Note: In order for a garage to utilize the 5-foot setback the garage doors shall be side
loaded (garage doors are facing parallel to the alley instead of perpendicular)
5. The impact area along Highway 93 shall be expanded to a minimum of 100 feet. Within this
area the -developer shall incorporate a combination of berrning, landscaping and a 10-foot
wide bike/pedestrian path along the project's Highway 93 frontage. A detailed plan of this
impact area shall be provided with the submittal of a preliminary plat for the project site.
6. Any parking or signage within the impact area shall only be permitted as an amendment to
the valley Ranch PUD. Signs shall be limited to monument signs and shall be located in the
rear portion of the impacted area, other free standing signs shall not be allowed.
7. A landscaping plan for any lift stations on the project site shall be provided with the
submittal of a preliminary plat. The landscaping plan shall incorporate a combination of
trees and shrubs with a density adequate to screen the lift station from public view.
8. The future subdivision on the project site shall not be given final plat approval until a street
connection is made to the south or east which provides a full movement intersection in order
for traffic to travel south on either Highway 93 or Whitefish Stage Road.
9. The open space and parkland shall comprise of 15.1 acres plus the additional land area
needed to provide a minimum 100 foot buffer along Highway 93. The area shown on the
approved PUD plan as parkland adjacent to Highway 93 shall remain in size and shape as
shown on the approved plan. Exact size and location of other parks shown on the approved
PUD plan shall be determined by the city council with recommendations from the Parks and
Recreation Director and planning board.
10. Upon submitting a preliminary plat for the project site the developer shall submit a parks
improvement plan to be reviewed by the Parks and Recreation Director. Of the 15.1 + acres
of open space and parkland a minimum of 10.59 acres shall be incorporated as parkland.
11. The power, phone, natural gas and cable television lines shall be located within the alley
right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and
cable television lines shall be located within a separate 5-foot easement outside of the road
right-of-way easement.
12. Street lighting shall be located within the development and shall have a full cutoff lens so
that it does not intrude unnecessarily onto adjoining properties.
13. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
14. Approval of the planned unit development shall be valid for a period of three years from the
date of approval with the possibility of aone-year extension to be granted by the city council.
Within this time the developers shall obtain approval of a preliminary plat for the project site.
When a preliminary plat is submitted and approved for the site the preliminary plat will have
up to three years to complete the first phase and two years to complete subsequent phases, if
applicable. The Valley Ranch PUD shall expire if, after preliminary plat approval is given,
the final plat is not filed within the above stated timeframes
SECTION III. 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 IV. 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 JUNE, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk