07. Ordinance 1504 - Initial Zoning - Bowser Creek Estates - 1st ReadingORDINANCE NO.1504
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 R-2, 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, Russell J. Purdy, 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 31 acres of land, and
WHEREAS, the property is located at the southwest corner of Three Mile Drive and Stillwater
Road, and
WHEREAS, the petition of Russell J. Purdy was the subject of a report compiled by the Tri-City
Planning Office, Staff Report #KA-04-11 I KPUD-04-5, 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 County Commissioners, Etc. 590 P2d 602, the
findings of fact of TCPO as set forth in Staff Report No. KA-04-11 / KPUD-04-5.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION L 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 31 acres.
SECTION II. The Planned Unit Development proposed by Russell J. Purdy 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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l . That the development of the site shall be insubstantial 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. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect the
components of this subdivision and submitted for review and approval by the Kalispell Site
Development Review Committee that includes architectural standards for both the residential
and commercial components of the project, aprovision for the 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. The covenants,
conditions and restrictions shall also create a provision for architectural review prior to the
application and issuance of a building permit from the City of Kalispell. (Site Development
Review Committee)
3. The commercial component of the subdivision shall not be developed until a minimum of 50
percent of the subdivision has been occupied by the residents. Additionally, the architecture
shall be of a generally residential character with particular attention given to internal access,
low level lighting, adequate landscaping, unobtrusive signage and limited hours of evening
operation. The commercial component may contain one or more parcels but may not exceed
one acre in size. (Site Development Review Committee)
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 Spring 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 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)).
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8. 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.
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
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.
a. Fire Department access shall be provided in accordance with Uniform Fire Code (1997)
Article 9.
d. Secondary emergency vehicle access shall be provided at Phase IV meet the
requirements of the Subdivision Regulations (Section 3.08) and emergency vehicle
access needs.
e. Due to project phasing it should be noted that hazardous weed abatement will be
required in accordance with City of Kalispell Ordinance 10-8.
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 provision be made for right-of-ways within the development that will allow for the
extension of the proposed roadway so that they will provide fixture access to adjoining
properties to the east. (Kalispell Subdivision Regulations, Section. 3.04).
13. 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.
14. 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.
15. Structures be setback a minimum of 20 feet from the established vegetation line of the creek if
these areas are determined to be outside the 100 year floodplain.
16. That Lots 14A and B, 15A and B, 16A and B be reconfigured to accommodate single family
dwellings.
17. 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)
18. That a 60 foot right-of-way reservation be noted on the final place in the area of lots 24, 25 or
26 Phase 2 to provide ingress and egress to the adjoining parcel to the west and to avoid the
potential for an additional future access onto Three Mile Drive.
19. 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).
20. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
21. 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)).
22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
23. A landscape buffer consisting of a coniferous vegetative screen that height of six feet within
three years of planting be established on the southern boundary of the development (lots65-73.
(Kalispell Planning Board)
24. Setbacks for the townhouses will be established at five feet between the property boundary and
the eave of the building while the setbacks for the single family homes will be established at ten
feet between the property boundary and the eave of the building. (Kalispell Planning Board)
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
27. 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.
28. 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.
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 19TH DAY OF JULY, 2004.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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