4. Ordinance 1495 - Initial Zoning - Highland Development - 2nd Reading,REPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricityC"enturytel.net
www.tricitypianning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading for Highland Development LLC Initial Zoning of
R-3 / PUD in Northwest Kalispell
April 19, 2004
BACKGROUND: This is the second reading of an ordinance on a request by Highland
Development, LLC for an initial zoning designation of R-3 / PUD, Urban Single -Family
Residential, with a Planned Unit Development (PUD) overlay upon annexation into the city.
The property proposed for annexation is located west of Northridge Subdivision and east of
Stillwater Road and contains approximately 67.49 acres.
The first reading of the ordinance was passed at the regular city council meeting of April 5,
2004.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 / PUD
upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
ardaChris A. Kukulski A. Wilson
Senior Planner City Manager
Report compiled: April 15, 2004
TRANSMIT\KALISPEL\2004\KA04-2 EM02
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
ORDINANCE NO.1495
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 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10
SUBURBAN AGRICULTURAL DISTRICT) TO CITY R-3 (SINGLE FAMILY
RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Highland 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-3, Single Family Residential with a Planned Unit
Development overlay on 67.49 acres of land, and
WHEREAS, the property is located just northwest of the Kalispell City Limits and is bounded on
the east by Summit Ridge and Northridge Heights Subdivisions, on the north by the
future Waterford Planned Unit Development, agricultural land and MDT owned
property, on the south by the future Empire Estates Subdivision and the west by
church and agricultural land, and
WHEREAS, the petition of Highland Development was the subject of a report compiled by the
Tri-City Planning Office, Staff Report #KA-04-2 / KPUD-04-1, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned R-3, Single Family Residential with a Planned Unit
Development overlay as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-3, 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-04-2 / KPUD-04-1.
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, Single Family Residential with a Planned Unit Development overlay on 67.49
acres.
SECTION H. The Planned Unit Development proposed by Highland Development, LLC,
upon the real property described in Exhibit "A", attached hereto, incorporated herein, and
thereby made a part hereof, is hereby approved, subject to the following conditions:
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The development of the site shall be in substantial compliance with
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. The development of lots in future phases of the PUD which deviate from the
R-3 zoning with regard to minimum lot size requirements, setback, housing
type or other features shall be subject to architectural review and approval by
the Kalispell City Council.
3. The plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards
and 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).
4. The following requirements shall be met as required by the Kalispell Fire
Department: ( Kalispell Subdivision Regulations, Section 3.20).
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 Uniform Fire Code (1997)
Appendix Ill -A.
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 Uniform
Fire Code (1997) Article 9.
d. Regarding proposed street names; Ashley Drive exists in the south
area of town. An alternate street name shall be provided.
e. The future development area "A", will require a secondary emergency
vehicle access point to meet the requirements of the Subdivision
Regulations (Section 3.08) and emergency vehicle access needs.
f. Due to project phasing, hazardous weed abatement shall be provided
in accordance with City of Kalispell Ordinance 10-8.
g. A letter shall 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),
5. The area designated on the plan as "park" 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 irrigation,
landscaping and play equipment so as to provide a recreational component
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within the development and not simply left as passive open space. The park
development may be used as all or in part as satisfying the one -ninth parkland
dedication requirements for the entire development depending on the ultimate
total area in lots and the investment made in park improvements. (Kalispell
Subdivision Regulations, Section 3.19).
6. A provision shall be made for right-of-ways within the development that will
allow for the extension of the proposed roadways so that they will provide
future access to adjoining properties to the west, north and south. (Kalispell
Subdivision Regulations, Section. 3.04).
7. A traffic analysis shall be performed under the Montana Department of
Transportation systems impact process that assesses this development's
impacts to the transportation systems in the immediate area. This would be a
single comprehensive study covering the multiple jurisdictions of the City,
County and State road systems and would identify needed improvements to
roadways impacted by this development. (MDOT)
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).
9. The developer shall provide a letter from the U.S. Postal Service approving
the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
10. 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)).
It. All utilities shall be installed underground. (Kalispell Subdivision
Regulations, Section 3.17).
12. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat submittal.
13. All areas disturbed during development of the subdivision shall be re -
vegetated with a weed -free mix immediately after development.
14. A development agreement shall 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.
15. 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).
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16. The plans and specifications for a stormwater system shall be reviewed and
approved by the Kalispell Public Works Department.
17. That trucks and other heavy equipment shall access the site from Stillwater
Road that shall be developed during the first phase of the subdivision, and not
through any existing residential areas. Other construction travel shall be kept
to a minimum through residential areas
SECTION III. 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 BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
KALISPELL, MONTANA, THIS 19TH DAY OF APRIL, 2004.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
F
Exhibit A
LEGAL DESCRIPTION — NORTHLAND Planned Unit Development
That portion of land in the Northwest Quarter of Section 1, Township 28 North, Range 22
West, Principal Meridian Montana, Flathead County, described as follows:
BEGINNING at the Center Quarter section corner of said Section 1, Township 28 North,
Range 22 West; thence along the southerly boundary of said Northwest Quarter the
following two courses: North 891122' 01" West 1316.61 feet and North 89° 18' 39" West
1287.45 feet to the easterly right of way of Stillwater Road, a 60.00-foot county road as
described in Book 345, Page 247, records of Flathead County, Montana; thence along
said easterly right of way of said Stillwater Road, North 00 38133" East 92.22 feet to the
southwesterly corner of Tract 2 of Certificate of Survey Number 3593 records of the
Flathead County, Montana; thence along the southerly and easterly boundaries of said
Tract 2 the following two courses: South 89' 49' 56" East 432.76 feet and North 00 39,
26" East 878.57 feet to the northeasterly corner thereof and to the southerly boundary of
that parcel of land shown on Deed Exhibit Boob 501, Page 162 records of Flathead
County, Montana; thence along the southerly and easterly boundaries of said parcel of
said Deed Exhibit Book 501, page 162, South 890 49' 50" East 1143.61 feet and North 00
38' 30" East 880.25 feet to the southwesterly corner of Tract 2 of Certificate of Survey
Number 13923 records of Flathead County, Montana; thence along the southerly and
easterly boundaries of said Tract 2 on said Certificate of Survey 13923 the following
three courses: South 89' 50' 13" East 833.17 feet and South 0° 49' 48" West 736.78 feet
and South 8911 50' 13" East 833.17 feet and South 0°49148" West 736.78 feet and South
890 45' 35" East 200.24 feet to the easterly boundary of said Northwest Quarter of
Section 1; thence along the easterly boundary of said Northwest Quarter, South 0°48' 55"
West 1136.5 feet to the Point of Beginning containing 67.49 acres of land, more or less,
as shown on this plat which is herewith incorporated in and made part of this legal
description.
SUBJECT to a Right of Way Easement as set forth in an instrument recorded July 31,
1987 in Reception Number 87-231-11450 records of Flathead County, Montana