08. Ordinance 1603 - PUD Agreement Amendments - Westwood Subdivision - 1st ReadingCity of Kalispell
Planning Department
1.7 - 2"d Strom East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fain: (406) 751-1858
Website: kalispellplanning.com
REPORT TO. Honorable Mayor and City council
FROM* Tam Jentz, Planning Director
James H . Patrick, City Manager
SUBJECT: Westwood Park PUD and Subdivision
MEETING DATE: March 5, 26, 2007
BACKGROUND: Westwood Park is a Planned Unit Development ("PUD")
located on the north end of corporate Drive just south of Two Mile Drive. The
project received preliminary plat and PU D approval on August 1, 2005 with 28
conditions of approval attached. As part of this subdivision, the developers
proposed a secondary access route to the north extending out to Two Mile
Drive using an existing driveway, culvert over West Spring Creek and Cooper
Lane, a private drive.
Condition # 12 (d) requires a secondary emergency access. Several conditions
then addressed hove that condition was to be met. Condition # 18 of the
subdivision required that the secondary access route be built to city standards
for emergency access and intended the design to be approved by Public Works.
Condition 15 required a floodplain permit for the work in the floodplain.
Condition # 26 required that the necessary easements be in place for the
emergency access road. Ultimately the flood issues required that the secondary
access road be elevated 2 feet due to flood hazards. The width of the easement
and the amount of fill required to meet this standard would ultimately diminish
the actual width of the travel surface. As the cost of the project increased and
the usability of the secondary access route diminished, the applicants revisited
the access issues with city staff.
Upon further review, the Fire Department believes that a modified turnaround
at the beginning of the secondary access route in lieu of extending the entire
secondary access would provide a better situation for emergency response.
Additionally, eliminating the fill needed to elevate the culvert or develop a
bridge across west Spring Creek would greatly diminish the impact on the
floodplain resulting from this project. Staff is therefore supportive of the
proposal.
RECOMMENDATION, The Council should approve the amendments to the
original Resolution 5057 approving the Preliminary plat for Westwood Park
which remove reference to an emergency secondary access and replace such
references with "emergency turn around".
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Tom Jentz
Planning Director
Report compiled February 27, 2007
Cc: Theresa white, City Clerk
ames atri
City Manager
ORDINANCE NO, 1603
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE WESTWOOD
PARRS PLANNED UNIT DEVELOPMENT AGREEMENT,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS:
SECTION I. That the Westwood Park Planned Unit. Development, approved on August 1, 2005,
shall be, upon execution by the landowner, amended as provided for in said
agreement under Section 5, Amendment or Modification of Agreement as follows:
12. The following requirements shall be met per the Kalispell Fire Department: (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code (2003)
Chapter 5.
d. Secondary emergency vehicle access shall be provided in accordance with International Fire
Code (2003) Chapter 5 and Kalispell Subdivision Regulations or as otherwise approved by
the Kalispell Fire Department.
e. It should be noted that hazardous weed abatement shall be provided in accordance with City
of Kalispell Ordinance 10-8.
f. Street naming shall be approved by the fire department.
16. That a detailed flood study be completed determining the exact location of the floodway.
No fill, development or other disturbance of soil or vegetation shall be allowed within the
floodway. The location of the roadways, bike path and
emergency turn around shall be relocated so that no fill, development or disturbance of
vegetation occurs in the 100 year floodplain unless otherwise absolutely required. Any
work, development or fill in the 100 year floodplain shall be kept to a minimum and shall
be directly related to providing an ememency turn around for
the subdivision.
. It is anticipated that this may result in the reconfiguration and 1 or
loss of lots within the subdivision.
18. That a letter be obtained from the Kalispell Public Wanks Department stating that the proposed
onto an emergency turn around has been reviewed and approved
and any associated and necessary improvements have been satisfactorily completed.
SECTION II. 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 I9TH DAY OF MARCH, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Exhibit 1
Suggested changes to resolution 5057
Conditions of approval
12. The following requirements shall be met per the Kalispell Fire Department:
(Kalispell Subdivision Regulations, Section. 3.20).
a. water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code (2003) Chapter 5.
■
e. It should be noted that hazardous creed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-3.
f. Street naming shall be approved by the fire department.
16. That a detailed flood study be completed determining the exact location of the
floc dway. No fill, development or other disturbance of soil or vegetation shall be
allowed within the floodway. The location of the roadways, bike path --
and emerjgenCa turn around shall be relocated so
that no fill, development or disturbance of vegetation occurs in the 100 year
floodplain unless otherwise absolutely required. Any work, development or fill in
the 100 year floodplain shall be kept to a minimum and shall be directly related
to providing an emergency turn around for the
subdivision.
-nee E X K.7 r^n It is anticipated that this may result in the
reconfiguration and / or loss of lots within the subdivision.
18. That a letter be obtained from the Kalispell Public Works Department stating
that the proposed emer enc turn around
has been reviewed and approved and any associated and necessary
improvements have been satisfactorily completed.
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