07. Ordinance 1530 - Initial Zoning - Lone Pine Subdivision - 1st ReadingORDINANCE NO. 1530
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN
RESIDENTIAL) 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, Lone Pine Development, LLC, 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 23.16 acres of land, and
WHEREAS, the property is located south of Foys Lake Road and west of Valley View Drive, and
WHEREAS, the petition of Lone Pine Development, LLC was the subject of a report compiled by
the Tri-City Planning Office, Staff Report #KA-05-3 / KPUD-05-1, in which the Tri-
City Planning Office 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 March 8,
2005, 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 initial 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 TCPO as set forth in Staff Report No. KA-05-3 / KPUD-05-1.
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-2, Single Family Residential with a Planned
Unit Development overlay on approximately 23.16 acres.
SECTION II. The Planned Unit Development proposed by Lone Pine Development, LLC
upon the real property described above is hereby approved, subject to the
following conditions:
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations,
Appendix C — Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect a
provision for the private conservation and maintenance of common areas and the private
internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed
via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the
front and rear and five feet on the sides with the exception of the zero lot line required to
achieve the townhouse configuration. (Site Development Review Committee)
3. At the time of final plat a provision shall be made for the pro-rata share of ownership of the
common area for taxation purposes.
4. That the development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit. (Site Development Review
Committee)
5. That permits be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for work done along
the creek channel or a letter from those agencies stating that the scope of work does not require
permitting. (FCCD / DNRC)
6. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision
Regulations. A letter shall be obtained stating that they have been reviewed and approved by
the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design
Standards, Section 3.01).
7. That an easement shall be obtained from the adjoining property owner to the east granting the
right to develop the proposed 60 foot right-of-way or other demonstration of property
acquisition for road and utility purposes and once completed dedicated to the City of Kalispell
as a public roadway. (.Kalispell Subdivision Regulations, Section 3.08 (A)).
8. That a minimum 10-foot buffer shall be established between the northern tier of townhouses
and the property boundary to provide screening and buffering for the properties to the north.
This shall be in the form of berming or landscaping or both. These improvements are to be
coordinated with the Kalispell Public Works Department and the Parks and Recreation
Department.
9. 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.
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.
10. That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
11. That the area designated on the plat as "park" shall meet the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. (Kalispell
Subdivision Regulations, Section 3.19).
12. That a detailed floodplain study be completed and accepted by FEMA determining the base
flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet
of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the
completion and acceptance of the study area. Alternatively, the developers may obtain a
LOMA or other documentation from FEMA stating that the property is not in the 100 year
floodplain, whichever is applicable and required by that agency.
13. That a floodplain development permit be obtained from the City of Kalispell after the FEMA
study has been completed and accepted for the proposed creek crossing.
14. The roads within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and
be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision
Regulations, Section 3.09).
15. That a 60 foot right of wa be provided between the subdivision and Learn Lane to allow for a
throu4h access.
16. Ana roach oermit be obtained from the Flathead County Road De artznent for the new
a roach offof Valle View Drive and access from Learn Lane and any improvements to those
roadways required by the County be com Ieted 11dQr to final lat submittal. A letter from the
Flathead Countv Road Department shall be submitted with the final plat stating that a 12ost
construction inspection has been done or that the proposed bonding for improvements is
acceptable.
17. That a note be placed on the face of the final plat that waives protest to the creation of a special
improvement district for the upgrade of roads in the area to City standards which may be
impacted by this development.
18. At the time of pre -construction review the developer shall demonstrate that an easement or
property has been acquired to develop the proposed roadway across private property off -site to
the east that connects to Valley View Drive and that the easement encompasses the nature and
intensity of the use that will result from the development of the subdivision. (Kalispell
Subdivision Regulations 3.08)
19. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
20. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
22. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
23. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
24. 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.
25. That preliminary plat approval for the first phase of the planned unit development shall be valid
for a period of three years from the date of approval with an automatic three-year extension as
each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04).
SECTION 111. 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 tape 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 APRIL, 2005.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk