07. Ordinance 1535 - Initial Zoning - Granary Ridge Townhouses - 1st ReadingORDINANCE NO. 1535
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOTS 3 AND 4 OF
SUBDIVISION #1150 AND ASSESSOR'S TRACT 5C IN THE SOUTHWEST QUARTER
OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY RA-1, RESIDENTIAL
APARTMENT) TO CITY R-4 (TWO FAMILY RESIDENTIAL), WITH A PLANNED UNIT
DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Valley Venture 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 RA-1, Low Density Residential Apartment with a Planned Unit
Development overlay on approximately 2.5 acres of land, and
WHEREAS, the property is located on the east side of Whitefish Stage Road between Bruyer Way
and the Edgerton School access, and
WHEREAS, the petition of Valley Venture, LLC was the subject of a report compiled by the Tri-
City Planning Office, Staff Report #KA-05-5 / KPUD-05-2, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned RA-1, Residential Apartment, with a Planned Unit
Development overlay, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 12,
2005, and recommended that the initial zoning be City R-4, Two 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-4, Two 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-05-5 / KPUD-05-2, as
amended by the Kalispell City Planning Board.
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-4, Two Family Residential with a Planned
Unit Development overlay on approximately 2.5 acres.
SECTION II. The Planned Unit Development proposed by Valley Venture, 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 reflect a provision for the
maintenance of common areas and the private internal roadway that are proposed for the
townhouses. Setbacks for the townhouses accessed via an interior street shall be measured
from the edge of the easement and shall be 20 feet in the front and ten feet in the 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 building permit. (Site Development Review
Committee)
5. 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 with the exception of the roadway as further enumerated below. 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).
6. The road profile shall consist of a 24 foot wide roadway, two foot curb and gutter, a five foot
boulevard on the eastern boundary of the access road and a five foot sidewalk adjoining the five
foot boulevard. The boulevard shall be landscaped in accordance with a plan approved by the
Kalispell Parks and Recreation Department.
7. That a minimum 10-foot buffer shall be established along the north boundary of the
development to provide screening and buffering for the property to the north. This shall be in
the form ofberming fencing or landscaping or a combination thereof. These improvements are
to be coordinated with the Kalispell Public Works Department and the Parks and Recreation
Department.
8. The proposed terming and landscaping along Whitefish Stage Road shall be reviewed and
approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffering and
landscaping. The landscape materials shall consist primarily of living green plant, grasses and
shrubs.
9. The proposed pedestrian access at the northwest corner of the site shall connect with the
internal sidewalk and shall be of concrete construction. A crosswalk shall be installed from this
pedestrian path across Whitefish Stage Road that is coordinated and approved by the Montana
Department of Transportation, Flathead County Road Department and Kalispell Public Works
Department.
10. That a ten foot right of way reservation for future acquisition for the upgrade of Whitefish
Stage Road shall be indicated on the face of the final plat.
11. 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 Iocations 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 10-5.
f. Street naming shall be approved by the fire department.
12. 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).
13. That the parkland requirement of 1 I percent of the area in lots which is 113 acres and is
equivalent to 0.2343 of an acre shall be met through cash in lieu of parkland. The cash in lieu
of parkland shall be based on $45,000 per acre and is equivalent to $10,544. (Kalispell
Subdivision Regulations, Section 3.19).
14. The private internal roadway 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 note be placed on the face of the final plat that waives protest to the creation of any
special improvement districts for the upgrade of roads in the area to City standards which may
be impacted by this development.
16. A geotechnical stud of f the slope shall be conducted prior to the issuance of a building permit
demonstrating its stabilit as a buildin site. (Kalispell Planning Board)
17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
18. 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
109(L)),
19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
22. 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.
23. 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. (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 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 16TH DAY OF MAY, 2005.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor