03. Ordinance 1583 - Initial Zoning with a PUD Overlay - The Meadows, Inc - 1st ReadingRem to.
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE No, 1583
AN ORDINANCE TO AMEND N SECTION 27.02,010, OFFICIAL ZONING MAP, CITY OF
KALISPE L ZONING ORDINANCE'(ORDINANCENo. 1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 4LOCATED IN
SECTION I, 'TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M,, FLATHEAD COUNTY,
MONTA,NA (PREVIOUSLY ZONED COUNTY SAG -I , SUBURBAN AGRICULTURAL)
To CITY R- (TWO FAMILY RESIDENTIAL), WITH A PLANNED UNIT
DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND To PROVIDE AN EFFECTIVE DATE,
WHEREAS', The Meadows, Inc., the owner oft e property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land
e zoned R4, Two Family Residential, with a Planned Unit Development overlay on
approximately 14. 5 acres of land, and
WHEREAS, the property is approximately 400 feet west of the intersection of Four Mile Drive
and North. Haven Drive, and
WHEREAS, the petition of The Meadows, Inc., was the subject of a report compiled by the
Kalispell City Planning office, Staff Report #KPUD-06-04, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-4, Two Family Residential, with a Planned Unit
Development overlay, and
WHEREAS, the Kalispell City planning Board held a public Hearing on the matter on August 8,
Zoo , and recommended that the initial zoning be City R-4, Two Family Residential
with a Planned Unit Development overlay, and
WHER-EAS., after considering all the evidence submitted on the proposal to zone the property as
described R-4, Two Family Residential with a planned Unit Development overlay,
the City Council fads such zoning to be consistent with the Kalispell Growth policy
02 0 and adopts, based upon the criterion set forth 'in Section 7 6 - 3 - , M.C.A., and
State., Etc. v. Board of County Commissioners Etc. 590 P2d o � the findings s of fact
of the Kalispell Planning Department as set forth In Staff Report No. KPUD-o -- .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of
KALISPELL, AS FOLLOWS:
SECTION 1. Section 2 7.0 .010, of the official Zoning Map of the Kalispell Zoning
Ordinance,(Ordinance No. 1 o is hereby amended by designating the
property described above as R-- , Two Family Residential with a Planned
Unit Development overlay on approximately 1 . 5 acres.
SECTION 11, The Flamed Unit Development proposed by The Meadows, 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:
• PUD plan and phasing plan dated --o
• Building elevations submitted with application on --o
• Cross section view of buildings 3, 12, 10 and 18 submitted with application. o7-3-06
• Detailed landscape schematic plan for buildings 17, 18 and 19 dated 7-31-0
• Detail retention area enclosure dated 7- 3 -; and
materials and other specifications as well as any additional conditions associated with the
IUD as approved by the City Council.
2. Prior to issuance of a building permit each building within the development shall be
freestanding with regards to utilities and infrastructure being in place or bonded for to serve
the individual building. Bonding for utilities and infrastructure shall not exceed % for the
individual building.
Prior to the issuance of a certificate of occupancy for each building all infrastructure and
landscaping immediately adjacent to the building shall be in place to serve the individual
unit. The infrastructure shall be certified by an engineer licensed in the State of Montana and
where appropriate accepted by the City of Kalispell.
. The clubhouse, trail system and. hutting green shall be completed as part of Phase I of the
development. The clubhouse shall be approximately 4,000 square feet and provide for an
indoor assembly area and recreational activities as indicated on the application materials.
. Prior to issuance of a building permit for buildings 8, 17, 18 and 19 a dross section shall be
provided to the planning department showing the maximum building height to :not exceed a
height off 21 feet as measured from the southemproperty boundary immediately adjacent
to the individual building sites..
6
development s permitted one ' 1 o' entry monument t sign made o stone and wood . The
elements used in the design of the buildings. The sign shall be located in the vicinity of the
main entrance o the development. Prior to installing the sign, 't shall e reviewed and
approved by the Kalispell Architectural Review Committee.
7. Street lighting shall be located within the development and shall have a full cutoff leas so
that it does not intrude unnecessarily onto adjoining properties,
8. Approval of the planned unit development shall he valid for a period of four years from the
date of approval.
Prior to issuance of any building permit for Phase L.
. New infrastructure required to serve the development shall he designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and Montw a
Public Works Standards; and shall he certified by an engineer licensed in the State o
Montana. All work shall be reviewed and approved by the Kalispell Public Works
Department prior to construction. This infrastructure shall include but not be limited to
streets, street lighting., street signage,, curb, fitter, and sidewalks. In addition to the streets
within the development Four Mile Drive, as it fronts the development, shall he improved to
the City of Kalis e l's Standards for Design and Construction and Montana Public Works
Standards.
10. The developer shall submit to the Kalispell Public Works Department an engineered drainage
plan that meets the requirements of the current City standards for design and construction.
.l . A letter from the Kalispell Public Works Department shall he submitted stating that all new
infrastructure along Four Mlle Dave and water and sever lines located within the
development have been accepted by the City of Kalispell.
12. Easements for water and sever lines shall be dedicated to the City of Kalispell and shown on
the approved utility plans. The easement widths shall meet the requirements of the Kalispell
Public Works Department.
13, The following requirements shall he met per the Kalispell Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum re flows shall he in accordance with
InternatIonal Fire Code Zoo Appendix B.
t Fire hydrants shall he provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall he provided in accordance with International Fire Code
Zoo Chapter 5.
1 . The developer shall submit a copy of the traffic impact study to the Montana Department o
Transportation for a systems impact review. Any necessary improvements required from the
Montana Department of Transportation to mitigate impacts of the development on the
highway system shall be completed.
15. A final landscape design shall be submitted to the planning department and parrs and
recreation department for review and approval.
16. The PUD plan shall be revised to show -boot wide sidewalk adjacent to the street fronting
buildings 6, 7, 8, 17, 18 and 19. The PUD plan shall also be revised to provide for
minimum 20-foot setback from the edge of the sidewalk to the garage door for all of the
units. Note: The implementation of these conditions may result in the loss of units within
the PU .
17. That covenants, conditions, and restrictions for the development shall be provided that
include a provision for the maintenance of the private roads within the development,
notification snow removal of the sidewalks adjacent to the roads and sidewalk adjacent to
Four Mile Drive and include the maintenance and upkeep of the boulevard along; Four Mile
Drive.
1 The private roads within the development shall be named and signed In accordance with the
policies of the Kalispell Public Worts Department and the Uniform Traffic Control Devices
Manual and be subject to review and approval of the Kalispell Fire Department.
19, A letter from the US Postal Service shall be included stating the ServIce has reviewed and
approved of the design and location of the mail delivery site. The mall delivery site shall be
installed or bonded for prior to construction of buildings in Phase I. In addition, the nail
delivery site and improvements shall also be included in the plans to be reviewed by the
Public Worts Department.
20, 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 U zoning for the site.
n going .ditir�s
. . .... ....... MM.M.
x .�.,�
21. All utilities s hall be installed under road.
22. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
23. Hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance
1 -.
2 . The ro owners shall I the n t t rot t . future specialimprovement district
for the up e of Four Mile r'.
25. A letter shall be prepared City staff and signed the City Council requesting the
Montana rtm t of Transportation to study the intersection of Highwgy 93 and Four
Mile .drive to deten-nine the intersections s .d .e to handle the increase in traffic from this
development and other developments omposed along Four Mile Drive.
SECTION 111. The balance of Section 27.02.0101, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in ill 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 5TH DAY OF SEPTEMBER, 2006.
Pamela . Kennedy
Mayor
Therese. White
City Clerk