05. Ordinance 1518 - Initial Zoning - Aspen Creek Subdivision - 1st ReadingORDINANCE NO. 1518
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 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-80,
AGRICULTURAL) 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, Douglas Johnson, 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 20 acres of land, and
WHEREAS, the property is located on the south side of Three Mile Drive and west of Stillwater
Road, and
WHEREAS, the petition of Douglas Johnson was the subject of a report compiled by the Tri-City
Planning Office, Staff Report #KA-04-14 / KPUD-04-6, 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 as requested by the petition, 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 Count Commissioners Etc. 590 P2d 602, the
findings of fact of TCPO as set forth in Staff Report No, KA-04-14 / KPUD-04-6.
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 20 acres.
SECTION II. The Planned Unit Development proposed by Douglas Johnson 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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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 the proposed deviation from zoning setbacks from 10 feet on the sides to five feet on the
sides be applied to Lots IA / 1 B through Lots IOA / I OB. Lots 37A /37B shall have a five foot
setback from the west boundary and a 15 foot setback for the primary structure and a 20 foot
setback for the garage for the property that fronts the street. Lots I / I through IOA / 1 OB
shall be allowed a 40 percent lot coverage rather than the 35 percent required in the R-2 zoning
district.
3. 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.
4. That permits be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for any work or
activity along the Spring Creek Channel or a letter from those agencies stating that the scope of
work does not require permitting.
That 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).
6. That an easement shall be obtained from the adjoining property owner to the west granting the
right to develop the proposed 60 foot right-of-way for road and utility purposes and once
completed dedication to the City of Kalispell as a public roadway. (Kalispell Subdivision
Regulations, Section 3.08 (A)).
That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the
subdivision that would include a bike and pedestrian trail and buffering in the form of berming
or landscaping or both. These improvements are to be coordinated with the Kalispell Public
Works Department, Parks and Recreation Department, Flathead County Road Department and
Montana Department of Transportation.
8. 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
Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction. Additional design information shall be
submitted for approval by this department.
c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997)
Article 9.
d. Secondary emergency access shall be addressed during project phasing as required by
this department.
e. Emergency vehicle access to the existing 3 structures is indicated via an existing
wooden bridge. More information is required related to the adequacy of the bridge
structure to support fire apparatus.
f. Due to project phasing it should be noted that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
9. 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).
10. 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).
11. That a provision be made for a future 60 foot right of way easement within the subdivision that
would allow for the extension of the proposed roadway to provide future access to adjoining
properties to the west in the area of Lots 18 and 19. (Kalispell Subdivision Regulations,
Section. 3.04).
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. The base flood elevation as determined as
accepted by FEMA shall be indicated on the final plat.
13. That a letter be obtained from the Montana Department of Transportation and Flathead County
Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market.
Road) have been reviewed and approved and any associated and necessary improvements have
been satisfactorily completed. (MDOT)
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. A letter shall be obtained
from the Kalispell Public Works Department stating the naming and addressing on the final plat
have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09).
15. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the requirement easements are being shown on the final
plat.
16. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
17. 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)).
18. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
19. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
20. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
21. That the developer correct the covenants to the setbacks to five feet on the sides be applied to
Lots lA / 1 B throe h Lots 10A / 10B. Lots 37A /37B shall have a five foot setback from the
west bounda and a 15 foot setback for the primpa structure and 20 foot setback for the
age for the property that fronts the street.
22. That there also be a 20 foot rear setback on the southern tier of lots for all structures and this
lanV,uage be included in the covenants.
23. That thesoutherl 10 foot landsca e buffer be landscaped with vegetation not to exceed six feet
in lieiaht.
24. A note be placed on the face of the final plat that waives protest to the creation of a special
improvement district (SID) for the upgrade of roads in the area to City standards which maybe
im acted by this subdivision.
25. 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.
26. 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 two year extension as
each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04).
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.
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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 20TH DAY OF DECEMBER, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk