3. Ordinance 1624 - Zone Change - Bridgeland Development LLP - 1st ReadingCity of Kalispell
Planning Department
17 - 2"d Stream East, Suite 211, Kalispell, Montana 59401
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TOO Kalispell Mayor and City Council
FROBE Nicole C. Johnson, Planner 11
James H. Patrick, City Manager
SUBJECT: Bridgeland Development LLP -w Northland Phase 4 rezone and
preliminary plat
MEETING DATE: November 5, 2007
BACKGROUND: The Kalispell City Planning Board met on October 9, 2007 and held a
public hearing to consider a request by Bridgeland Development LLP for a zone change
from City R-4, Two Family Residential to City R-3, Single Family Residential and
preliminary plat approval for a 19 lot subdivision on 5.83 acres. The property is Phase
4 of the Northland Subdivision and consists of a 170 foot by 1,525 foot strip of land
located south of Four Mile Drive and north of Northland Subdivision phases 1-3. The
Meadows, North Haven Heights, and Summit Ridge Subdivisions make up the eastern
boundary of the project. The property can be legally described as assessor's tract 1
located within the NE 1I4 Nw 1I4 of Section 1, Township 28 North, Range 22 west,
P.M.M., Flathead County, Montana.
Nicole C. Johnson of the Kalispell Planning Department, presented staff reports #KZC
- 07-01 and KPP-07-11, evaluated the proposal, and recommended the planning board
approve both the change to R-3 and the preliminary plat request subject to 23
conditions contained in the staff report. She explained that the property was annexed
into the city in 1999 with an initial zoning of R-4 and a PUD overlay. However, the
project did not develop within the allotted time frame and the property reverted to the
base zoning designation of R-4. The developer requested the R-3 zoning because it
suited the single family residential subdivision he has proposed and the character of
the neighboring area.
Mrs. Johnson also relayed public comments received prior to the meeting; the
comments came primarily from the Summit Ridge neighbors to the east of the project
that had concerns about: the potential increase in traffic that would result from a
connection to Summit Ridge Drive, drainage and stormwater issues, and speeding
along both Summit Ridge Drive and. Northland Drive.
As a result of the cornm.ents, amendments to Condition 6 were recommended to make
the developer aware of an existing drainage and storm water issues at the west end of
Summit Ridge Drive and also to require traffic calming devices along Northland Drive
-and Summi
t mt Ridge Drive, such as bulb -outs and traffic circles, to ensure vehicles
travel at the posted speed. limit. Condition 6 was revised as follows:
6. 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 and
Montana Public works standards; and shall be certified in writing by an engineer
licensed in the State of Montana. All design work shall be reviewed and approved in
writing by the Kalispell Public works Department prior to construction. This
infrastructure includes the extension of summit Ridge Drive to Northland Drive and
Northland Drive to Four Mile Drive. All new city streets as shown on the preliminary
plat shall include, but not be limited to, paved streets, street lighting, street signage,
curb, gutter, landscaped boulevards and sidewalks on both sides of the street.
(Kalispell Design and Construction Standards, project proposal)
Note: The flow and pooling of water at the west end of Summit Ride Drive shall be
considered in the design and construction of the road infrastructure and storm water
manMemen.t Mtems.
Note: Traffic calming devices shall be utilized to maintain the posted speed lin is alon
Northland Drive and Summit Ride Drive. Designs shall be reviewed and approved
rior to construction and a letter from Public works obtained indicatin a roval of an
necess@a measures prior to final plat. This sha,11--specifical1v include at a minimum a
traffic calxnin gdevice at the intersection of Summit Ride Drive and Northland Drive.
At the public hearing the developer and two of his consultants spoke to the merits of
the project. These included the singe family housing type, larger lot sizes, intention
for common area, drainage and stormwater management.
Ten neighboring residents also commented. The majority of the speakers opposed the
subdivision portion of the request based on concerns with the traffic -related impacts,
potential water impacts to surrounding properties, air quality and change to the
adjacent neighborhood character. It was also noted that in 1999 when the Waterford
development was approved, the City Council promised the Summit Ridge
neighborhood any future connections to Summmt Ridge Drive would be for emergency
access only.
After the public hearing was closed the planning board first discussed the rezoning of
the project site and recommended unanimously that the City Council approve the R-3
zoning for the site.
Discussion ensued following the zone change approval on the proposed 19 lot
subdivision. The board asked staff to address the issues raised by the public. Tom
Jentz said City Council did approve the Waterford development through the PUD
process and added that the connection to Summit Ridge Drive was agreed to be
limited to emergency access use. However, he said two main ingress/egress were
proposed to serve the Waterford development -- one at Four Mile Drive and one at
Stillwater Road. The Montana Department of Transportation abandoned the Stillwater
connection and the PUD j proj ect no longer exists. He also noted that the Northland
development was not being discussed at the time. Connectivity has become a priority
and is needed in this case with the development occurring in the area. He also
suggested the majority of traffic would likely use Northland Drive to access Four Mile
and US 93 where there is a safer intersection with a light. Mr. Jentz reminded the
2
planning board that it was important for the city to provide multiple connections
between subdivisions for safety reasons and to better disperse traffic.
Mrs. Johnson handled the questions about stormwater and air quality. The engineer,
Brett Walcheck of 48 North, would design the storm water system and mitigate the
existing flow and pooling that occurs at the west end of Summit Ridge Drive. The
developer is responsible for mitigating storm water to historical levels and certifies
with his license that the design is sufficient. In addition, the infrastructure
improvements go through a variety of reviews by the Public Works Department. Air
quality management is part of the storm grater program and is managed by Public
Works. Mr. Jentz added that occasionally fines are levied for non-compliance.
One additional revision was necessary to correct an error in the amount of park land
required that would be used to pay cash in lieu of the land. Condition 13 was
amended as follows:
13. The parkland dedication requirements shall be met with the payment of cash in lieu of
parkland equal to �0.57 acres of land. The payment shall be based on the fair market
value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.19
and Findings of Fact Section D) .
Ultimately the board voted to unanimously adopt the staff report as amended and
recommend to City Council the preliminary plat be approved. Support for the
subdivision and connection to Summit Ridge Drive was based on the changing
character of the area and the need for connectivity between subdivisions within city
boundaries.
RECOMMENDATION,: A motion to approve the R-3, Urban Single Family Residential
zoning and a motion to approve the preliminary plat for Northland Phase 4 with the 23
listed conditions as amended would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
. 4tq C
Nicole C. Johnson
Planner II
Report compiled October 31, 2007
,0ames H. Patrick
City Manager
Attachments: Transrm'ttalletter
Exhibit A (conditions)
Staff reports #KZC-07_01 and #KPP-07-11 and application materials
Draft Minutes 10 / 9 / O7 planning board meeting
c: Theresa White, Kalispell City Clerk
3
ORDINANCE NO.1624
AN ORDINANCE To AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORIDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 1
LOCATED WITHIN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED CITY R-4, TWO FAMILY RESIDENTIAL) To CITY
R-3 (URBAN SINGLE FAMILY RESIDENTIAL) IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY 2020, AND To PROVIDE AN EFFECTIVE DATE.
WHEREAS, Bridgeland Development, LLP, 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-3, Urban Single Family Residential, on approximately 5.8
acres of land, and
WHEREAS, the property is located south of Four Mile Drive and north of the Northland
Subdivision Phases 1-3, and
WHEREAS, the petition of Bridgeland Development, LLC was the subject of a report compiled by
the Kalispell Planning Department, Staff Report #KZC-07-1, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-3, Urban Single Family Residential, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on October 9,
2007, and recommended that the zoning be City R-3, Urban Single Family
Residential, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R- 3, Urban S ingle Family Res idential, the C ity 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 County
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KZC-07-1.
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-3, Urban Single Family Residential on
approximately 5.8 acres.
SECTION II. 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 III. 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 STH DAY OF NOVEMBER, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk