1. Starling Annexation, Zoning with PUD Overlay, Preliminary PlatCity of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO. Kalispell MA or and City Council
City Manager
FROM: Sean Conrad, Senior Planner
SUBJECT: Starling - Annexation, Growth Policy Amendment, PUD and
Phase 1 Preliminary Plat for Section 35 (Grossweiler's)
MEETING DATE: June 25, 2007 council work session
BACKGROUND: The Aspen Group has submitted a request for annexation, a growth
policy amendment, initial zoning of R-3, a PUD overlay zone and Phase 1 preliminary
plat approval for the proposed development called Starling. This 640 acre project
encompasses all of Section 35 and is bounded by Stillwater Road on the east, West
Reserve Drive on the north, West Spring Creek on the west and Four Mile Drive on the
south. The applicants propose a mixed use development with upwards of 3,000 single
family, attached and multi -family housing units and up to 70 acres of various public,
semi --public and neighborhood oriented commercial uses including a possible school
site for West Valley. Approximately 20% of the site will be in open space and
parkland. A ring and internal trail system is proposed. Parks will be open to the
public but privately maintained. A phased build out of up to 20 years is anticipated.
The site is in agricultural production today. The project was presented to the planning
board for a public hearing on May 22nd. The planning board unanimously
recommended approval of the project (growth policy amendment, initial zoning, PUD
and preliminary plat for phase 1) at the May 22nd hearing. The purpose of scheduling
the Starling project for the work session is to provide the council with a brief overview
of the proposed project and answer any questions. Representatives from the Aspen
Group will be present at the work shop to make the initial presentation to the council
and answer specific questions along with staff.
THE ASPEN GROUP
REQUEST FOR GROWTH POLICY AMENDMENT
REPORT #RGPAW07-2
REQUEST FOR ]11TITL4 L ZONING OF R-3 UPON ANNEXATION
REPORT #IAA-07-7
REQUEST FOR A PLANNED UNIT DEVELOPMENT
REPORT # -07-3
REQUEST FOR STARLING SUBDIVISION PHASE 1
REPORT #KPP-07-6
AMENDED BY THE K LISPELL PLANNING BOARD ON MAY 22, 2007
REPORT UPDATED ON JUNE 19, 2007
A report to the Kalispell City Council regarding the request for a growth policy
amendment from Suburban Residential to Urban Residential on a 640 acre project site,
initial zoning designation of R-3 upon annexation to the City of Kalispell, a Planned Unit
Development (PUD) overlay and preliminary plat approval for 236 lots on a 63.3 acre
portion of the 640 acre project site. The 640 acre project site can be described as all of
Section 35 of Township 29 North, Range 22 west, Principle Meridian, Montana. Section
35 is bounded on the east by Stillwater Road, south by Four Mile Drive, west by Spring
Creek Road and north by West Reserve Drive. A public hearing has been held before the
planning board on May 22, 2007, in the Kalispell City Council Chambers. The following
report to the Kalispell City Council has been amended to reflect the planning board's
recommendation on the proposed project.
BACKGROUND INFORMATION: The developers have requested the following land use
and zoning changes to the property as well as a preliminary plat to subdivide 63.3 acres
of the 640 acre site into 236 lots. A brief discussion of each of the requests is as follows:
• The 640 acre site is currently designated Suburban Residential on the Kalispell
Growth Policy Future Land Use Map. The Suburban Residential land use
designation is primarily for single-family residential developments with a dwelling
unit density not to exceed 4 durellings per gross acre. The developer is requesting the
land use designation for the entire site be changed from Suburban Residential to
Urban Residential. The Urban Residential land use designation includes a variety of
housing types such as single-family residences, duplexes and low density multi-
family units. The Urban Residential land use designation anticipates densities
between 3 to 12 dwelling units per gross acre. The applicants additionally are
envisioning a density of 4.7 dwelling units per acre and felt the need to request the
higher plan density.
• Along with the request to annex into the City of Kalispell the developer has requested
the R-3 (Urban Single -Family Residential) zoning district. In conjunction with the R-
3 zoning district the developer has also requested a Planned Unit Development (PUD)
zoning overlay district to allow deviations in the R-3 zoning district. These deviations
include, in part, varying the housing types throughout the 640 acres site, allowing a
commercial component to compliment the proposed neighborhood, varying building
setbacks and lots sizes. The PUD also includes a conceptual plan for the build out of
the 640 acre site and provides a base design for roadways, open space, pedestrian
trails and parkland.
• As part of this request the developer has submitted a preliminary plat for phase 1 of
the development. The owner anticipates the 640 acre project site to be built out over
a period of 20 to 30 years. During the build out period the project may be broken up
into as many as 15 separate phases. Phase 1 submitted with the project application
is located in the northeast corner of the project site at the intersection of Stillwater
Road and West Reserve Drive. This phase includes a mix of single-family residential,
townhouse, multi --family, and commercial lots on 63.3 acres. The plan also includes
approximately 8.7 acres of common area and a 3.66 acre park.
This report will address all four requests; growth policy amendment, initial zoning,
planned unit development overlay district and preliminary plat, that the developers are
seeking on the property. Each request Will be reviewed with a recommendation and
unified set of conditions as recommended by the planning board found at the end of the
report on page 40. Throughout the report references are made to application materials
submitted for the project including exhibit maps and tables. A copy of this information
is available at the Kalispell Planning Office.
A. Petitioner and Developer:
Technical Assistance:
The Aspen Group
25A Clifden Drive
Bozeman, MT 59718
(406) 587-0154
Norris Design
1101 Bannock Street
Denver, CO 80204
(303) 892-1166
Morrison Maierle, Inc.
1228 Whitefish Stage Road
Kalispell, MT 59904
John constenius Architects
210 Parkhill Drive
Whitefish, MT 59937
B. Location and Legal Description of Property: The 640 acre project site can be
described as all of Section 35 of Township 29 North, Range 22 West, Principle
Meridian, Montana. section 35 is bounded on the east by Stillwater Road, south
by Four Mile Drive, west by Spring creek Road and north by West Reserve Drive.
C. E2dsting Land Use and Zoning: The property is currently in the county zoning
jurisdiction and is zoned AG-30, Agricultural, which has an 80 acre minimurn lot
size requirement. The AG- 80 zoning district is intended to protect and preserve
agricultural land for the performance of a Wide range of agricultural functions. It
is intended to control the scattered intrusion of uses not compatible With an
agricultural environment, including, but not limited to, residential development.
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It is also intended to serve as a holding zone keeping large tract ownerships in
tact on the fringes of the city in anticipation of future urban expansion.
The boo acre project site has two homes on it located in the northwest corner and
southeast corner of the site. The Bonneville Power Authority (BPA) has an
easement with high voltage power lines bisecting the southeast corner of the site.
The only other improvements to the site are related to irrigation of the property.
The property is currently used for agricultural production.
D. A4Jacent Land Uses and Zoning:
Norm: Dural residential development; County AG-80 zoning
West: Rural residential development and farmland; County AG-80 zoning
South: Rural residential development and farmland; County AG- 20 and
SAG-5 zoning.
East: Glacier High School, commercial and residential development; City
R-5 PUD and City R.-4 PUD zoning
E. General Land Use Character: The area can be described as largely rural to the
north and west with lands to the east and south of the 640 acre project site
quickly developing to urban densities and uses. As shown above lands to the
north and west are still larger tract used for farming n g or residential purposes.
Areas to the east and south are changing from farmland and rural residential
development to commercial and higher density residential development. The
Kalispell city limits are located immediately east of the project site across
Stillwater Road,
F. Utilities and Public services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
West Valley School District & Kalispell School District
Fire:
Kalispell Fire Department
Police:
City of Kalispell
G. Overall Project Description:
The project involves 640 acres, all of section 35 within Township 29 North Range
22 West. The developer is proposing a mix of residential housing types along with
commercial development on the site to be built out over 15 phases. The first
phase is proposed in the northeast corner of the site at the intersection of
Stillwater Road and West Reserve Drive. Subsequent phases will be located south
and west of phase 1 with the final phases located on the merest side of the section
along Spring Creek Road.
The primary land use will be residential with the commercial component
comprising of approximately 60 acres or 9% of the overall project site. The
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residential land uses will include a mix of detached single family homes,
townhomes and multi -family condominium or apartment units. Areas shown as
mixed use or commercial areas on the PUD plan could also accommodate
live / work units wherein the bottom floor is commercial with residential
apartments located in the second floor of the building. The proposed PUD would
allow upwards of 3,000 housing units.
As part of the project proposal the developers have proposed a combination of
common areas, parkland and a pedestrian trail plan throughout the 640 acre
project site. Five interior parks have also been included with the project proposal
to provide the immediate recreational needs of future residents on the site.
Approximately 21% of the site is anticipated to be developed in parkland and
open space.
I. EVALUATION OF THE GROWTH POLICY AMIENDM ENT:
The developer is requesting a growth policy amendment for the entire 640 acre
project site from Suburban Residential to Urban Residential. The Suburban
Residential land use designation was placed on the property upon adoption of the
Kalispell Growth Policy 2020 in February of 2003. Since this time the city has
experienced rapid commercial and residential growth in areas to the east and
south of the project site. In August of 2006 the city council adopted the Highway
93 North Amendment extending the boundaries of the Growth Policy Future Land
Use Map north. The previous north boundary was located at Rose Crossing. The
Highway 93 North Amendment extended the Growth Policy Future Land Use Map
north up to Church Drive and Highway 93 and Birch Grove Road and Highway 2.
The Highway 93 North Amendment was conducted in large part to provide a plan
for the area due to the increased interest in developing large tracts of land to be
part of the city.
The Kalispell Planning Department and planning board are now in the early
stages of reviewing the land use designations on the Growth Policy Future Land
Use Map for the west side of the map's boundaries. The purpose of the review is
again due to increased development on the west side of Kalispell. The proposed
growth policy amendment should be considered in light of the recent development
in the area such as the new Glacier High School, Forest Service Office, residential
development north of west Reserve Drive and east of Stillwater Road, and the
commercial developments to the east of the project site (i.e. Spring Prairie Center,
Hutton Ranch and the Home Depot/Target shopping center) .
No specific criteria have been outlined to address amendments to the growth
policy, but amendments generally follow public interest criteria. Elements of
those criteria are basic to most comprehensive land use plans, which are a
common tool in most communities. The growth policy, master plan or
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comprehensive plan are used to provide a general and comprehensive outline of
community goals and expectations about where and how a community should
grow and develop.
In order to provide a framework for analysis and evaluation of the proposal a
general outline of public -interest criteria related to a proposed change in land use
is used.
The following criteria for evaluation will be established as follows:
■ changes in circumstances that warrant the amendment;
• compliance with the overall goals and policies of the growth policy and its
various elements:
• growth management,
• land use,
• economy,
■ environmental considerations,
• parks and recreation,
• transportation,
• infrastructure, utilities and public services;
• annexation and the extension of services.
The proposed plan amendment will be considered in the context of the current
Kalispell growth Policy 2020 as well as current and future development trends for
the area.
Has them: been a change of circumstances under which the proposed plan
amen dment is being made that warrants its consideration?
The growth policy for Kalispell was adopted in February of 2003 which has been a
useful tool in providing guidance to the community, developers, decision makers
and staff when anticipating growth trends and expansion of the city limits.
However, the growth and expansion of the city has occurred much faster than
could have been anticipated on all sides of the community.
The adopted growth policy map designates the 640 acre site as Suburban
Residential. The developer has requested to amend the growth policy map from
Suburban Residential to Urban Residential. The request for the growth policy
amendment is due in part to the overall growth in and around the city of
Kalispell. The growth the city has seen in the last few years has happened faster
than was anticipated when the growth policy and accompanying map were
adopted. Land uses in the immediate area of the project site have also changed
significantly in the last few years. To the east of the project site a new high school
is nearly completed along with several retail / commercial centers approximately 1
to 1 1/2 miles east. The retail/commercial centers include a variety of banks, box
stores (Costco, Lovwes, Home Depot, Target, Borders Books) and smaller retail
stores. Land to the south of the project site continues to be annexed and
developed into the city limits.
Municipal water and sewer have been extended to the site. By August of 2007 a
major 4 lane arterial will be completed (the Reserve Connector) from the northeast
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corner of this site (the intersection of ]Vest Reserve Drive and Stillwater Road)
easterly to U.S. 93. Additionally a new fire station has been constructed
immediately east of the site in section 36.
Seven years ago this area was predominately farmland and large residential tracts
of land. With the increase in both commercial and residential development in the
area this section of land can no longer be considered on the outskirts of the city.
The property is now adjacent to the expanding urban boundaries of the city limits
of Kalispell.
Does the proposed plan amendment further the overall goals and objectives
of the growth policy when considering the specific elements of the plan
Growth Management: Two primary mechanisms for managing growth in the city
of Kalispell exist which are to rely on redevelopment and infill within the current
City limits or annexation of outlying areas. A goal of the growth policy is to
provide a comprehensive, effective growth management plan that provides for all
the needs of the community, is adaptable to changing trends and is attuned to the
overall public welfare.
Chapter 3, Land Use:Housing, of the Kalispell Growth Policy contains the
following goal and policy which support the requested map amendment:
Goal 1: Provide an adequate supply and mix of housing that meets the needs of
present and future residents in terms of cost, type, design and location.
Policy 2: Encourage the development of urban residential neighborhoods as the
primary residential land use pattern in the growth policy area by allowing urban
residential densities in areas designated as suburban residential provided the
development is consistent with the character of the area and public services are
adequate.
The proposed map amendment would allow increased residential and limited
commercial zoning and uses in an area which is experiencing an increase in
residential and commercial development. The amendment can be considered
consistent with the character of the area as areas to the east have obtained
subdivision approvals to create urban scale developments such as west View
Estates and Spring Prairie phases 1 and 2.
Land Use: General goals and polices of the growth policy encourage the orderly
development in the growth policy area with space for future expansion while
ensuring compatibility of adjacent land use. The requested growth policy
amendment would allow a proposed mixed residential/ commercial development
to occupy the 640 acre project site. The growth policy amendment from
Suburban Residential to Urban Residential is a reasonable request due to the
expansion of residential and commercial development in this area and the
availability of public services and facilities.
Economy. Chapter 6 of the Kalispell Growth Policy, Policy 2, states, "Encourage
a land use pattern that supports viable business and industrial districts that
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integrate a residential component but does not negatively impact or encroach into
well established residential neighborhoods."
Approximately one mile east of the proposed amendment area are three
commercial developments within the city. The three commercial developments
are Spring Prairie Center, Hutton Ranch Plaza and the Home Depot/Target
shopping center. The growth policy amendment would provide additional urban
scale housing 'in close proximity to the existing commercial developments. These
additional residences would support the existing commercial centers to the east
as well as the proposed neighborhood commercial within the project site. The
growth policy amendment and subsequent residential development will not
unpact existing city residential neighborhoods but will instead foster the
development of new neighborhoods that an urban residential growth policy
designation would support.
Environmental Considerations: The area where the growth policy amendment is
proposed is fairly level with small rolling hills in the northeast and southwest
portions of the 640 acre site. There are slopes on the site in the southwest
portion of the project site that exceed 15% . Although these slopes could be built
upon the overall PUD plan indicates these areas will be placed in open space,
outside of individual lots. The site does not contain any designated wet lands,
floodplain or other environmentally sensitive lands and is not part of the urban
wild fire interface.
As part of the growth policy amendment the developers have also requested a
PUD and subdivision. Through the PUD and subdivision reviews potential
impacts future residential development may have on the environment will be
discussed and conditions to mitigate such impacts recommended.
Community and Recreational Facilities: As part of the PUD and subdivision
proposal on the 640 acre project site, the developers are proposing a variety of
common areas, open space areas and parkland. Also included with the project
proposal is a bike/pedestrian trail network connecting the parkland and open
space areas with residential lots within the subdivision. A full discussion of the
types of facilities is included in both the PUD review and subdivision review
within this report.
Communi!Ly Facilities Infrastructure and Public Services: The site is 2 1/2
miles from the closest hospital, immediately adjacent to a new high school, 2/3 of
a mile from a new fire station and abuts a 4-lane arterial under construction
which will connect this site to U.S. 93 and the proposed highway by-pass. This
site has excellent access to the necessary services and facilities to accommodate
the increased density of an Urban Residential designation.
As part of the growth policy amendment the developers have proposed a PUD and
subdivision which, as a condition of approval, would be required to extend
existing water and sewer lines to the site. The subdivision, if approved, would
also be required to upgrade existing streets within the area impacted by this
development and provide city streets within the subdivision. A full discussion of
the types of facilities to be extended, upgraded and built as part of the overall
project is included in both the PUD review and subdivision review within this
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report.
II. EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING OF R-3
AND PROPOSER PUD OVERLAY
The statutory basis for reviewing a change in zoning is set forth by 76- 2--303,
M. C.A. Findings of fact for the zone change request are discussed relative to the
itemized criteria described by 70-2-304, M.C.A. and Section 27.30.020, Kalispell
Zoning Ordinance. Note that the applicants are requesting an R-3 single-family
zone with a Mixed Use PUD overlay zoning district. This PUD overlay would allow
the average 7,000 square foot lot at 4.7 dwelling units per acre to increase to a
maximum of 7 residential units per acre, allows up to 10% of neighborhood
oriented commercial uses and allows the introduction of townhouses and
apartment /condominium housing.
1. Does the requested zone comply with the growth ohc ?
On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth. Policy
which designates the 640 acre project site as Suburban Residential. However, as
discussed in section I, Evaluation of the Growth Policy Amendment, the developers
have requested the Urban Residential land use designation for the entire 640 acre
project site. Therefore, the requested initial zoning designation of R--3 and the
accompanying planned unit development (PUD) will be reviewed predicated on the
fact that the planning board is recommending the city council approve the requested
growth policy amendment.
The Urban Residential land use designation anticipates a density between 3 and 12
dwelling units per gross acre. The type of development typically found in the Urban
Residential land use designation is single-family homes and low density multi -family
housing. The entire project site is proposed for R.-3, Urban Single Family Residential,
zoning designation. The R-3 zoning district anticipates single-family homes as the
primary use on lots not less than 7,000 square feet in size.
The proposed PUD is a mixed residential PUD that includes detached single
family homes, townhomes and multi -family apartment buildings. The developer
has also proposed townhouses and multi -family buildings as permitted uses
within the project site. The proposed PUD would also permit approximately 60
acres or 9% of the overall site for neighborhood commercial uses.
The requested PUD would deviate from the minimum lot size in the R-3 zoning
district as well as the uses. The developers are requesting the PUD allow three
separate use districts within the overall 640 acre project site. within the R-3
Mixed Use PUD Application, section 5, Application for Planned Unit Development,
subsection c. iii, Anticipated Land Uses and Development Standards, the
developer has provided a list of the various uses proposed in each of the three
zoning classifications under the overall R-3 zoning district.
Policy 10 of Chapter 3, Land Use. -Housing, of the Kalispell Growth Policy, provides
the following guidelines for development within the Urban Residential land use
E-
designation:
a. Urban residential areas shown on the plan map should be encouraged to be
developed when adequate services and facilities are available.
b. Typical densities are four to twelve dwellings per gross acre.
c. single-family houses are the primary housing type, but duplexes, guest
houses, accessory apartments, and small dispersed areas of multifamily
housing are also anticipated.
d. Urban and high density residential areas should be fully served by urban
infrastructure and municipal services, including paved streets, curbs,
sidewalks, landscaped boulevards and public sewer and crater.
e. These areas should have convenient access to neighborhood business districts,
parks and elementary schools.
The proposed R-3 zoning district would limit the overall density of the Starling
project to approximately 4.7 dwelling units per acre, well within the density limits
of the Urban Residential land use designation. As part of the project proposal the
developer is fully aware that water, sewer and road improvements will be
necessary to serve the future development on this site. water and sewer main
lines are located immediately east of the site across Stillwater Road. In addition,
the proposed PUD would provide a mixture of housing types, a neighborhood
commercial component and parkland within the project site which all residents
within the Starling development will have convenient access to.
Based on the above cited policy in the Kalispell Growth Policy, the requested
zoning districts can be found to comply with the proposed land use designation of
Urban Residential and the growth policy.
2. Is the reguested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed zone change of the property will increase
traffic impacts in the area due to the relatively low density of the area currently and
the relatively higher density allowed under the proposed zoning districts. As part of
the overall project proposal the developer had a traffic impact study conducted to
provide possible mitigation measures to the increase in traffic the development
proposal will have on existing streets. Based on the approved traffic impact study
and through the PUD and subdivision review process, conditions will be
recommended to insure that existing streets are upgraded and new traffic routes are
provided to lessen congestion in the streets. A full discussion of the traffic impact
study and recommended mitigation measures can be found under the review for the
PUD and subdivision in this report. Briefly, the applicant will be responsible for
significant upgrades to the abutting rural road system.
3. Will the requested none secure safety from lire, panic, and other dangers?
At the time this property is developed, the developer will be required to insure that
there is adequate infrastructure in the case of an emergency. There are no
features related to the property which would compromise the safety of the public.
New construction will be required to be in compliance with the building safety
codes of the City which relate to fire and building safety. All municipal services
including police and fire protection, water and sewer service is available to the
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property and will be utilized at the time another lot is created in the future.
4. Will the reguested zone promote the health and general welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties and provides a place for new housing and small commercial businesses
in the community.
5. Will the requested zone provide for adequate limit and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell zoning Ordinance and through the requested PUD
to insure adequate light and air are provided,
6. Will the requested zone prevent the overcrowding of land?
This area has been anticipated for primarily residential development. The
anticipated densities of the proposed zoning districts fall within the requested
zoning designations for the site. All public services and facilities will be available
to serve this property. An overcrowding of land would occur if infrastructure were
inadequate to accommodate the development in the area. This is unlikely to
occur.
7. will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will likely result
after this land has been converted from agricultural zoning to a more intensive city
residential zoning. However, the intensity of the uses of the property would be in
direct relationship to the availability of public services, utilities and facilities as well
as compliance with established design. standards. The design standards and
availability of utilities would provide the infrastructure needed to insure that there
will not be an overcrowding of the land or undue concentration of people. Minimum
lot standards and use standards as well as subdivision development standards
will avoid the undue concentration of people at the time the property is further
developed.
s. Will the re uested zone facilitate the adequate provision of transportation water
sewerage, schools arks and other public requirements?
Public service, facilities and infrastructure would be made available to the developer.
New improvements to the property such as roads, water, seiner, parks and drainage
would be installed in accordance with city policies and standards at the developers'
expense thereby insuring that there is adequate provision of services to the site prior
to development. Fire, police, ambulance and public access are adequate to
accommodate potential impacts associated with the development of this site. There
will be impacts to services that can be anticipated as a result of this proposal which
can be met by the city. All public services and facilities are currently available or
can be provided to the property.
9. Does the reguested zone give consideration to the particular suitabilily of the
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roe for particular uses
?
The 640 acre site is fairly level throughout with a small hills located in the
northeast and southwest portions of the site. Hillsides in the southwestern
portion of the site with slopes that exceed 15% are proposed to be in open space
outside of residential lots. The vast majority of the site is level with few other
constraints. Therefore, the requested zoning districts give due consideration to
the particular suitability of the property for particular uses.
10. Does the re uested zone give reasonable consideration to the character of the
district?
The general character of the area is agricultural, with large tracts of land i.n
agricultural production. The proposed zoning allows this development to address
needs within the community for housing and neighborhood oriented commercial on
public services and in reasonable proximity to the city core for the future.
Availability of public water and sewer to the area indicate that this type of
development will continue to occur on the urban fringes of the community to be
developed with similar types of uses as is proposed with this property, i.e. suburban
or urban residential rather than continued agricultural uses. It appears that the
proposed rezoning gives reasonable consideration to the character of the district.
11. will the proposed zone conserve the value of buildings?
The development anticipated under the proposed zoning is more intensive than the
land uses currently surrounding the project site. city standards will insure that
infrastructure built to serve the subdivision is adequate and the PUD zoning will
provide for design standards within the project site, which will insure the value of
buildings and homes is protected, maintained and conserved.
12. Will the requested zone encourage the most appropriate use of the land
throughout the munici ah ?
The requested R-3 zoning and PUD would allow a mix of residential and
commercial uses on the 640 acre project site. Residential and accompanying
commercial development is encouraged in areas were services and facilities are
available or can be extended to serve such development such as the subdivision
being proposed in conjunction with the annexation, initial zoning and PUD
request. The proposed zoning districts are consistent with the growth policy plan.
III. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
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Project Narrative: Nature of the Request: This is a request for a Planned Unit
Development (PUD) zoning overlay on the 640 acre project site requesting City R-3,
Urban Single Family Residential, zoning. The property is currently zoned AG-80,
Agricultural, in the county. The developers have requested annexation into the City
of Kalispell with the initial zoning of R--3. The PUD will be known as Starling and
will provide general development parameters for lots, setbacks, land uses on the
project site, approximate location of the overall street network and parks and opens
space areas among other things. The ultimate goal of the Starling PUD as stated in
the PUD narrative contained in the application is to create a community in Kalispell
that is a timely and logical extension of the City and the infrastructure and social
fabric therein.
The Starling PUD would provide a general layout of the 640 acre project site. This
general layout includes street locations and connectivity of a comprehensive street
network for the entire site. Locations of parks and commercial and mixed use
districts in relation to areas primarily designated for residential use and plans for
the proposed infrastructure to serve the subsequent development of the site. As this
is a very large project the PUD will provide the parameters around the type of
development to be placed within the site and how the different phases will
interconnect with one another to provide for a cohesive neighborhood at final build
out.
With the mix of residential units and commercial uses proposed on the project site,
the PUD application is requesting 13 deviations from the Kalispell zoning Ordinance
and the Kalispell Subdivision Regulations to accommodate the proposed project.
The requested deviations are as follows:
1. Kalispell Subdivision Regulations, Section 3.06.E (Minimum building area on a
lot)
2. Kalispell Subdivision Regulations, Section 3.07. B (Block lengths)
3. Kalispell Subdivision Regulations, Section 3.07. D (Public access)
4. Kalispell Subdivision Regulations, Section 3.08.A; Kalispell Zoning Regulations,
Section 27.22.080 (Lot access)
5. Kalispell Subdivision Regulations, Section 3.09.K.3 (Street intersections)
6. Kalispell Subdivision Regulations, Section 3.22 (Mailbox facilities)
7. Kalispell subdivision Regulations, Section 4.07.B (Access for manufactured home
parks and campgrounds)
S. Kalispell zoning Regulations, Section 27.06.020 (Permitted uses in the R-3 zoning
district)
9. Kalispell zoning Regulations, Section 27.06.040 (Property development standards
in the R-3 zoning district)
10. Kalispell zoning Regulations, Section 27.22-020.2. a.11; Kalispell zoning
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Regulations, Section 27.22-020.3.e (Accessory single-family dwellings and
accessory uses)
11. Kalispell zoning Regulations, Section 27.22.020.3. d (Garage and carport
setbacks)
12. Kalispell zoning Regulations, Section 27.24.050.6 and Sections 27.24-090.2 and
27.24.090.3 (Subdivision identification signs)
13. Kalispell zoning Regulations, Section 27.35.080 (Criteria for transmission towers
and cellular communication towers)
Criteria for the creation of a Planned Unit Development IPUD) District
The following information and evaluation criteria are from Section 27.21.020(2), of the
Kalispell zoning Ordinance. The intent of the planned unit development provisions are
to provide a zoning district classification which allows some flexibility in the zoning
regulations and the mixing of uses which is balanced with the goal of preserving and
enhancing the integrity of the neighborhood and the environmental values of an area.
The zoning ordinance has a provision for the creation of a PUD district upon annexation
of the property into the city.
Review of A lication Based Upon PUD Evaluation Criteria: The zoning regulations
provide that the planning board shall review the PUD application and plan based on the
following criteria:
1. The extent to which the plan departs from, zoning and subdivision
regulations otherwise applicable to the subject property, including, but not
limited to, density, bulk and use, and the reasons why such departures are
or are not deemed to be in the public interest;
As stated above the owners are requesting 13 relaxations in the zoning and subdivision
regulations. Below are the 13 relaxations requested with the consultants reasoning on
why such departures are deemed to be in the public interest. The planning board's
comments are in italics.
1. Kalispell Subdivision Regulations, Section 3.06. E
This section of the code requires a lot to have a minimum building site of 40 feet by
40 feet. The requested PUD would allow a building site of less than the minimum 40
foot by 40 foot. The developer is requesting small building sites to allow a 35'
minimum lot width. This narrower lot width will be constructed in amounts per the
extensive market research that has been done for Starling. In addition to providing a
diverse product mix, the smaller lots will satisfy a large portion of the affordable
housing need in Kalispell.
The planning board can support such a reduction to allow a mvr of housing product
types and provide for a mixed neighborhood. Upon reviewing the proposed project the
building department would recommend staking be in place prior to and during
construction of homes on lots less than 6, 000 square feet in size to assure setbacks are
being met. This recommendation is based on the difficulty of enforcing setbacks for
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foundations and homes in a tight knit development where typical building lot widths
have been reduced as well as the setbacks.
2. Kalispell Subdivision Regulations, Section 3.07.E
This section specifies that block lengths shall not be less than 300 feet nor more than
1,200 feet. The developer is requesting block lengths to exceed the 1,200 feet and
allows blocks less than 300 feet as shown in the Starling PUD Submittal. The
developer has stated that the Starling Master Plan has been extensively analyzed with
regard to several existing, surrounding, contextual elements such as views,
topography, access points and existing vegetation to name a few. The resulting plan
has been created to serve the needs of pedestrians as well as vehicular traffic to
provide access to the many parks and open spaces within the community while
taking advantage of the above existing site elements.
Excessively long blocks create neighborhoods that are not well connected for
convenient access by vehicles, pedestrian traffic or emergency traffic. The .Kalispell
Growth Policy, Chapter S, Urban Design, Historic and Cultural Conservation., Goal 2
states, "Encourage design that is consistent with and contributes to the character of the
area and that promotes safe and accessible pedestrian access and movement."
Although the developer should be commended for the pedestrcan and bike trait system
proposed throughout the subdivision, in order to comply with this goal of the growth
policy pedestrian pathways should be located either midway on blocks exceeding
1,200 feet in length or in the area of the block exceeding 1,200 feet which would
provide the best connectivity to surrounding streets or pedestrian/bike paths. The
planning board does not see a problem with allowing blocks smaller than Soo feet as
they coincide with smaller tots located centrally within the project site.
3. Kalispell Subdivision Regulations, Section. 3.07. D
This section of the code requires a right-of-way of at least 15 feet wide for pedestrian
walks to access parks, playgrounds, streams and lakes. Parks and open space
within Starling will be dedicated to the public and access to these areas will be
granted to the public in the platting process.
As stated above, parks will be dedicated to the public with access provided by an
adjoining public road right-of-way. Likewise, the open space areas will also connect
with either a public park or be located next to a public right-of-way.
4. Kalispell Subdivision Regulations, Section. 3.08. A; Kalispell Zoning Regulations,
Section 27.22.080
These sections of the code require lots to be provided access via a public or private
street. The Zoning Code further states that structures shall be located on lots as to
provide safe convenient access for servicing, fire protection, and required off-street
parking. The developer is requesting that access to certain lots within the Starling
PUD site be provided via a public alley. The alley would be a full 20 feet wide with no
parking permitted in the alley right-of-way.
The developer is requesting this deviation to allow the various product types in
Starling and provide for creative site planning opportunities. one of these
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opportunities is to front homes directly onto open space providing ample, useable
open space to the residents of Starling and Kalispell. The alley providing access to
these homes will be a full 20' width without parking and the homes will be addressed
from this alley and it will be a public, named alley providing clear direction for fire
and life safety.
The Public Works Department and Fire Department do not have concerns with the alley
load design as it is not the prominent development type within the project proposal and
access, parking, solid waste disposal and drainage will be addressed adequately.
5. Kalispell Subdivision Regulations, Section 3.09.K.3
This section of the code requires minimum offset of streets entering onto the same
roadway. The developer is requesting intersections to be located closer than the
minimum separation required of 1 2 5' for local streets and 300' for collector streets
and allow for local streets to have reverse cure alignments with tangents less than
the mini mum 200'. This deviation would also allow for intersection curb returns to
have a radius of 15' and a street width of 22' per the Starling PUD Variance Request
Plan.
The developer contends that the Starling Master Plan was created to take advantage
of the picturesque views of the surrounding mountains while providing dynamic
streetscapes and pedestrian circulation to all corners of the community. The melding
of these elements has created unique opportunities for designs in the streetscape that
are not currently accounted for in the City Standards. Proper traffic calming
elements and signage will ensure the safety of the pedestrians as well as the efficient
conveyance of vehicular traffic. Site distance requirements shall be met in all cases.
Upon reviewing the deviations the Public Works Department did not have any issues
with them because the deviations were rather minor and did not impact the publics
safety in the specific locations proposed.
6. Kalispell Subdivision Regulations, Section 3.22
This section provides design standards for mailbox sites within a subdivision. The
developer would like mailboxes within Starling to be located away from the roadway
within the many parks, open spaces and boulevards, either free standing or inside
approved structures and not be required to have provisions for pullout areas for
vehicular access. The developer contends the extensive on -street parking will provide
adequate parking for the mail facilities.
The justification provided by the developer states the overall theme of Starling
includes many community facilities throughout the neighborhoods such as meeting
spaces and buildings for the homeowners of Starling. These buildings and structures
will have ample space for the inclusion of LISPS approved cluster mailboxes, which
are the current trend with the USPS rather than individual boxes for home delivery,
and will blend into the surrounding landscape. This integration of mailboxes into
existing structures will contribute greatly to the social interaction and aesthetic
qualities of Starling. And the on -street parking in these areas will provide adequate
parking for users of the mailbox facilities.
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The planning board recommends all mailbox sites be approved by the U. S. Postal
Service prior to installation. Any mailbox sites located in a park area shall be approved
by the Parks and Recreation Department.
7. Kalispell Subdivision Regulations, Section 4.07.E
This section of the code requires all streets within a campground, recreation vehicle
park or manufactured home park be private unless otherwise required by the City
Council. The developer has stated the streets within Starling will be public streets
and are to be maintained by the City of Kalispell.
The above cited code section only applies to subdivisions for campgrounds, recreation
vehicle parks or manufactured home parks and is not applicable in this case.
8. Kalispell zoning Regulations, Section 2 7. 06.020
This section of the code lists the permitted uses within the R-3 zoning district. The
developer is proposing a separate list of permitted uses as described in the Starling
PUD Anticipated Land Uses and Development Standards.
As part of the proposed PUD the developer has requested to modify the list of
permitted uses in the R-3 zoning to allow for a mix of uses that will promote a
healthy neighborhood and community framework. Limits have been placed on the
non-residential uses in order to maintain the mostly -residential character of the
community while providing neighborhood level non-residential uses to primarily serve
the residents of Starling.
The planning board does not have a concern with the mixing of land uses shown in the
PUD application provided the recommended conditions of approval to make some
modifications to the list are in place. Some of these modifications include removing
transmission towers and cellular communication towers and hotel/motel less than 20
rooms.
The proposed mix of residential use would include multi family buildings. The
planning board is recommending as a condition of approval that prior to issuance of a
building permit for each of the multi family units they be reviewed for parking
adequacy, landscaping, garbage container locations and incorporate the use of bike
racks for the building.
9. Kalispell zoning Regulations, Section 27.06.040
This section of the code provides a list of property development standards for the R-3
zoning district. The developer is requesting the property development standards be
permitted to vary from those provided in the zoning code. The Starling Setback Table
provides the details of the setbacks for all of the products and categories allowed in
the Starling PUD.
The developer is requesting the deviations in order to create the unique character
envisioned by the Starling PUD. To create this standard various development
standards such as building setbacks have been proposed. The developer contends
that a stronger sense of pedestrian scale along the streetscapes will be achieved with
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the variations on the setbacks. And the smaller minimum lot area will allow various
housing products that are in great demand to satisfy both the market lifestyle choices
as well as the affordable housing needs in the region.
The planning board does not have a concem with varying the standards for the lots in
the PUD application provided the recommended conditions of'approval to make some
modifications to the setback list are in place.
10. Kalispell Zoning Regulations, Section 27.22-020.2. a.11; Kalispell Zoning
Regulations, Section 27.22-020.3.e
These sections of the code provide parameters around an accessory single-family
dwelling and allow a maximum height of the accessory structure of 18 feet. The
developer is requesting to permit an accessory single-family dwelling within the R--3
zoning district and to have a maximum height equal to that of the primary dwelling,
but not to exceed 35' as described in the Starling PUD Setback Table.
The developer is requesting the deviation to allow accessory single family dwellings
on lots specified on each subsequent preliminary plat to ensure that each accessory
single family dwelling will be located appropriately. The developer contends that
these units win be used to provide alternative affordable housing options to many
people in Kalispell by providing affordable rental units as well as supplemental
income for the owner of the property. Architectural Design Guidelines will serve to
control compatibility among structures.
The planning board does not have a concern with allowing accessory single faintly
dwellings into a large planned neighborhood such as Starling. A recommended
condition of approval would require the developer to provide parameters around where
an accessory single-family unit could be located to provide predictability of
development jorfuture lot owners and their neighbors.
11. Kalispell Zoning Regulations, Section 27.22.020.3. d
This section of the code requires a garage or carport located at least ten feet from an
alley right-of-way. The developer is requesting garages and carports entered from an
alley to be located closer than 10' from the alley right of way line as described in the
Starling PUD Setback Table.
The developer has stated that shallower rear garage setbacks are intended to
minimize unintended parking opportunities in the rear of the standard alley right of
way. The developer contends that in addition to the circulation benefits, reduced
runoff will be produced with the shorter driveways and, larger back yards as wen as
providing 10' of utility easement.
T'he planning board agreed that decreased setbacks would reduce the chances of
unintended parking in the rear sides of the lots.
12. Kalispell Zoning Regulations, Section 27.24.050.E and Sections 27.24-090.2 and
27.24.090.3
This section of the code provides limits on the subdivision identification signs for
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developments. The developer is requesting the subdivision identification signs to
exceed the required size of 20 square feet in area and maximum height of 6 feet per
the details in the Starling PUD Nlonumentation Plans and Details. Low voltage
landscape lighting will be allowed with appropriate shielding and minimal light
trespass using anti -glare filters.
The developer is requesting, as part of the overall project, a monumentation plan for
the Starling project. The developer has stated that a study of the historical attributes
of Kalispell and the natural materials of the region have played a major role in the
development of the monumentation for Starling. These materials and forms are
utilized throughout the community in both the landscape and the public and private
buildings and facilities.
Due to the size of the overall project the planning board supports the requested
deviations in the zoning code. However, the monument signs wilt need to be lighted in
compliance with the lighting standards in the zoning code and the homeou-ners
associations will be charged with maintaining the monuments and associated lighting.
13. Kalispell Zoning Regulations, Section 27.3 5.080
This section of the code provides additional criteria for transmission towers and
cellular communication towers. The developer would like the use of cellular
transmitters / receivers to be permitted within the project site. The cellular
transmitters/receivers would be mounted as an accessory structure not to exceed the
height of the primary structure.
The developer contends that in order to provide cellular service to the residents of
Starling and northwest Kalispell area, provisions for cellular facilities may be
necessary. In the event they are, these facilities may be integrated into the necessary
buildings in such a way that they will not adversely affect the aesthetics of the
building and the community. Communications are becoming a critical part of today's
business world and if non --residential uses are built in Starling, these systems will
have to be in place to ensure a successful community.
The planningboard is recommending against permitting this use in the PUD. The
planning board's recommended changes to the anticipated land uses table_ for the
Starling PUD would remove transmission towers and cellular communication towers.
There is existing commercial zoning east of the project site which would conditionally
permit such communication. towers.
2. The mature and extent of the common open space in the planned development
project, the reliability of the proposals for maintenance and conservation of
the common open space and the adequacy or inadequacy of the amount and
function of the open space in terms of the land use, densities and dwelling
types proposed in the plans
The project site is 640 acres and the proposed Starling PUD would provide for a variety
of residential housing types as well as some compatible commercial uses. The PUD
narrative provided in the application states that the site is planned to have between
2,000 and 3,000 units of varied housing types and price points to suit a broad spectrum
of home buyers and lifestyles.
The PUD plan contained in section 5. c. i of the R--3 Mixed -Use PUD Application calls for a
total of 5 parks incorporating 54.39 acres of land and 78.7 acres of open space. This
equates to approximately 21 % of the project site.
The 5 parks shown in the PUD plan are spread throughout the 640 acre site. The
largest is 28.28 acres and is located along Spring Creek Road i.n the northwest portion of
the project site. This park will include passive recreation such as walking trails and
include a large pond used as a stormwater detention pond for the Starling subdivision.
The other 4 parks proposed within the project site vary in size from 3.39 acres to 13.07
acres. A conceptual plan for each of the proposed parks can be found in sections 5.t
through 5.y of the R-3 Mixed -Use PUD Application.
The Kalispell Growth Policy, Chapter 9, Parks and Recreation, Goal 3 states the
following, "Provide a balanced mix of parks and recreational facilities to meet local needs,
which include mini parks, neighborhood parks, community parks, regional parks, linear
parks, special facilities and conservation lands or facilities." The proposed parklands, open
spaces proposed as part of this project can be considered to meet this policy.
The PUD request would allow up to 3,000 residential units on the project site if the PUD
is approved. Section 3.19.A. 2 of the Kalispell Subdivision Regulations requires the
subdivider to dedicate to the City a cash or land dedication equal to 0.03 acres per
dwelling unit when residential densities in a proposed subdivision exceed 11,880 square
feet per dwelling unit. This equates to a cash or land dedication equal to 90 acres based
on a projected 3,000 residential units. Although the proposed multi --family lots could
accommodate a number of condominium or apartment units which technically would
not be included in this calculation because no land is being subdivided, the PUD still
requires the city to address the open space needs of the development as a whole.
Therefore, these units have been included in the parkland calculation and open space
review.
In reviewing the subsequent subdivisions on the site the parkland requirement for each
phase shall include the number of lots and the number of potential condominium or
apartment units on the multi -family lots. The potential number of condominium or
apartment units on the multi -family lots will be calculated at a density of 1 unit per
2,000 square feet of gross square footage for the lot. As an example, lot 71 of phase 1 is
considered a multi -family lot. Lot 71 is 28,749 square feet. Calculating the number of
potential units at a density of 2,000 square feet per unit provides an estimated 14 units.
This number would be factored in the total number of dwelling units used to calculate
the parkland requirements at a land or cash dedication equal to 0.03 acres per dwelling
unit.
In addition, the areas designated on the PUD plan as R-3 Mixed Use and 13-1 PUD area
provide for a percentage of these areas to be used as commercial land uses. The R-3
Mixed Use area notes that a minimum of 75% of this area shall have a residential use.
The B- 1 PUD area notes that a minimum of 50% of this area shall have a residential
use. The Kalispell Subdivision Regulations, section 3.19. B do not require parkland
dedication for non-residential lots. However, the majority of land uses in the R-3 Mixed
Use will be residential with half the land uses in the B-1 PUD required to be residential.
Therefore, the planning board would recommend that as each phase is submitted for
preliminary plat the R--3 Mixed Use lots or B-1 PUD lots are included in the parkland
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dedication requirements per the percentages listed above. As an example, phase 1
proposes 32 lots located in the southern portion of the phase which is shown on the
PUD plan as being wi.th.in the B-1 PUD land use designation. There is the potential for
50% or 16 lots to be used for commercial businesses. The required amount of parkland
would include only half of those lots shown within the commercial area of the PUD plan
as the proposed PUD would require a minimum of half the lots to be used for residential
rather than commercial uses.
The park area shown on the PUD plan equals 54.39 acres, approximately 35.6 acres
short of the 90 acres of parkland required for a projected 3,000 residential units. The
Parks and Recreation Department has asked the developer to work with them to improve
areas proposed as open space to be considered as parkland in order to achieve the 90
acres required under the Kalispell Subdivision Regulations. In general however, the
Parks and Recreation Department is supportive of the park areas shown and the
conceptual plans for improvement to the parks.
The park phasing plan would provide an initial 3.06 acre park as part of phase 1 with
subsequent parks dedicated and improved in accordance with the phasing plan of the
project. The proposed park in the first phase of the development is 3.66 acres in size
and would serve up to approximately 270 residential units. Phase 2 would provide the
remainder of park P2 shown on the PUD plan which would then total 5.67 acres in area.
The next park site is not provided until phase 5. The Parks and Recreation Department
recommended that any shortfall *in parkland in a specific phase of the project be met by
bonding in anticipation of dedication and improvement of parkland in future phases. All
parks would be required to be developed in accordance with an approved plan by the
Parks and Recreation Department.
The proposed PUD would. provide 75.7 acres of open space. The open areas are shown
on the PUD plan in section 5. c. i of the R-3 Mixed -Use PUD Application. The open space
areas primarily include the BPA easement in the southeast corner of the site and the
steeper slopes and low lying areas in the southwest corner of the site. Open space areas
are also shown along the entire perimeter of the 640 acre project site and will act as
both a buffer from the adjoining roadways and provide pedestrian and bike facilities
along the perimeter roads.
The Pedestrian Circulation Master Plan shown in section 5.f of the R-3 Mixed -Use PUD
Application provides the conceptual plan for pathways on the 640 acre project site.
Please note that the circulation master plan does not shover all the sidewalks but
primarily shows the paths within the open space areas and hove connectivity is achieved
between the perimeter paths and paths located in the open space areas to the central
park. The circulation master plan shows a 6-foot wide gravel path along the perimeter of
the 640 acre site except in the southeast corner of the project site where the path follows
along the BPA power line easement instead of along Four Mile Drive and Stillwater Road.
The planning board recommends that in addition to the pathway along the BPA power
line easement that a pathway also extend along those portions of Four Mile Drive and
Stillwater Road in the southeast portion of the project site. The Parks and Recreation
Department has recommended that the developer provide the Department with a
detailed trail plan showing the pedestrian/ bike path in greater detail and include
construction materials for the paths. The Parks and Recreation Department
recommended a minimum 10-foot wide path if asphalt is used for the pedestrian/ bike
20
trail or a minimum 8-foot wide path if concrete is used. Specifications for the bike path
construction will be determined by the Parks and, Recreation Department and, for bike
and pedestrian paths along the perimeter of the project site, the Public Works
Department.
With the above recommended conditions in place the proposed trail plan can be found to
comply with the following goals listed in the Kalispell Growth Policy, chapter 9, Parks
and Recreation:
Goal 1
PROVIDE A BALANCED DISTRIBUTION AND DNERSITY OF RECREATIONAL
FACILITIES AND PEDESTRIAN/BICYCLE PATHS THAT PROVIDES ACCESS FOR ALL
AGE GROUPS.
Goal 4
ASSURE ADEQUATE AND SAFE ACCESS TO PARKS FROM RESIDENTIAL
SUBDIVISIONS.
The developer has stated that the parks and open space areas will be open to the public.
A Homeowners association will be created to maintain the parks within the project site,
the open space areas and subdivision entry monuments. The Parks and Recreation
Department is recommending a park maintenance district be formed in order to provide
funding for the on -going maintenance of the park and open space areas should the city
ever take over the maintenance of these areas. However, the park maintenance district
shall not become effective until such time as any open space or parks are accepted by
the city of Kalispell.
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3. The manner in which said plan does or does not make adequate provision for
public services, provide adequate control over vehicular traffic and further
the amenities of light or air, recreation and visual enjoyment;
The extension of water and sewer to the site will be required to serve the development.
The application states that an existing 14-inch water main is located at the corner of
Stillwater Road and West Reserve Drive. Initial review of the water needed for the
subdivision may be achieved by extending 10 inch to 14 *inch water mains along the
perimeter roads of the project site. Internally, the developer is proposing to use 8 inch
water mains for domestic water and fire flow. An engineering report of water needs and
necessary infrastructure to serve the proposed subdivision will be required as part of
preliminary plat approval as each phase of the subdivision comes before the city council.
The application also states that sewage collection will be provided by an 8-inch diameter
sewer collection main that will drain to two pump stations on the project site. There is
an existing 12-inch gravity main located at the intersection of Stillwater Road and West
Reserve Drive. An engineering report of the sewer collection needs and necessary
infrastructure to serve the proposed subdivision will be required as part of preliminary
plat approval as each phase of the subdivision comes before the city council.
As stated in the application, two lift stations are needed to serve the overall project site.
The locations of the lift stations are shown on Figure 1-4 of section 9, Wastewater
Impact Report, within the R-3 Mixed --Use PUD Application. One lift station would be
located in park P2 shown on the PUD plan. The other lift station would be located in
21
park P5 also shown on the PUD plan. The Parks and Recreation Department has
concerns with a lift station in the proposed parkland, the chief concern being aesthetics.
After discussions with the Parks and Recreation Department the developer will be
placing each of the lift stations within a building which blends with the surrounding
neighborhood and associated landscaping for the park areas. A recommended condition
of approval for the PUD would require a detailed plan to screen the lift stations to be
approved by the Parks and Recreation Department as part of the preliminary plat
approval.
Storm water management will be required to be handled and the difference between post
development and predevelopment flow to be detained or retained on site. The initial
storm water plan would create a large storm water retention pond 'in the area shown as
Park 5 on the PUD plan. A large pond is needed in this area as the stormwater design
report notes that 97% of the runoff from the project site currently collects in a natural
depression located on the west side of the project site. The remaining 3% of the runoff
collects in the southwest portion of the site where the developers will propose a
detention pond to collect this runoff. one of the recommended conditions of approval
will require the developer to provide a stormwater management plan, designed in
accordance with city standards that will be reviewed and approved by the Public Works
Department.
The developer hired Morrison Maierle Inc. to conduct a traffic impact study for the
proposed project. As a result of the traffic impact study, the executive summary stated
that the proposed project will have a significant impact on the city's area roadway
network. The study, included as section 6 of the R--3 Mixed --Use PUD Application,
provides long and short term recommendations to mitigate the future impacts traffic will
have.
The long term mitigation measures suggested for all phases of the subdivision include
dedicated additional right-of-way to the adjoining county roads, constructing interior
roadways to the city's standards, provide for pedestrian circulation within and around
the entire site, identify and impellent appropriate intersection traffic control devices
within each phase of the development, and pay appropriate impact fees in accordance
with the city ordinances and state law.
Section 8.0, Summary and Recommendations, in the traffic impact study states that
given the long period of time over which Starling is expected to be developed and
occupied, the traffic study should be updated on a regular basis. The Public works
Department has reviewed the traffic impact study and will require the appropriate
mitigation as each phase of the project develops. A recommended condition of approval
would require an updated traffic impact study for each phase of the project. However,
this condition can be waived by the Public works Department if the department
determines an update is not necessary.
The proposed project includes internal roadways the majority of which would be
constructed to city design standards. Section 5. c.vi of the R-3 Mixed Use PUD
Application provides cross sections for each type of street proposed within the
development. The Public works Department could not recommend approving cross
section 60 -E, local estate street, as the street is narrower than current city street
standards and the street would utilize a 1 o-wide swale rather than providing a curb and
gutter. The Fire Department could not support cross section 38-A, a private lane
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proposed in phase 7 of the project. The lane, as proposed, is too narrow to allow fire
access and on -street parking. Recommended approvals for the PUD will not include
these street cross sections but the developer can revisit the road profiles as future
phases are proposed.
The other street cross sections provided include road designs with wider boulevards
varying in width from 6 1/2 feet to 12 feet wide instead of the standard 5-foot boulevards.
This is considered a significantly improved. design. The project design also includes the
use of alleys on the smaller detached single-family lots, the townhouse lots and multi-
family lots. with the use of alleys the developer has indicated in the site plans that, in
general, the power, phone, natural gas and cable television lines normally placed just
outside the road right-of-way would instead be located within the alley right -of way.
Installation of the utilities would be in accordance with the utility company's
specifications and may require some utilities to be located along the road rights -of -way
instead of the alleys. with regard to the alleys, the planning board recommended that
the alleys be dedicated to the public but be privately maintained. All roadways within
the project would be public and maintained by the city.
The site is in the west Valley Elementary School District and Kalispell District 5 High
School. To address potential impacts to the surrounding schools the developer is willing
to provide a land set aside for a future school site as stated in the environmental
assessment for the project. The developer has also contacted the superintendents at
School District 5 and West Valley School. Each superintendent responded to the
planning department with a letter (attached). west Valley School District has a need for
a middle school but does not have the bonding capacity at this point to consider this as
an option in the near future. Kalispell School District 5 does have bonding capacity for
a new elementary school and has stated that the new Glacier High School has the
capacity to accommodate the initial development of this site. The high school could also
expand but whether a new elementary school or expansion of the high school is
constructed depends on the community approving additional bonds for the construction.
Although both letters from the school districts indicated potential scenarios with hove to
handle the additional student loads from the Starling project, neither letter indicates
whether the proposed location and size of the land dedication would be sufficient.
Therefore, the planning board has recommended that prior to final plat approval of the
third phase of the Starling project, a land dedication plan for the size and location of a
future school site be submitted by the appropriate school district. The land dedication
would be made prior to the final plat approval for the third phase of the project. The
developer requested that the current land set aside for a possible school site be reverted
back to the developer if no land dedication plan is submitted by the school district. The
planning board agreed with this request.
The proposed P--3 zoning as well as the proposed PUD amendments still require housing
setbacks and height limitations to provide for adequate light and air within the project
proposal.
The developers have proposed a variety of housing types on the project site ranging from
single-family homes and townhouses to multi -family buildings. Included in the
application are elevations depicting the style of homes to be constructed on the project
site if the PUD is approved. The elevations along with the proposed design guidelines for
Starling will require the residential development to include pitched roofs, the use of
23
gabled downers on some residences and incorporate the use of split frame windows.
These elevations and design guidelines have been included to provide housing standards
to maintain the visual quality of the entire project.
The park areas and open space area will provide the recreational amenity within the
development. These facilities will be dedicated to the public but maintained by the
homeowners association.
+4, The relationship, beneficial or adverse, of the planned development project
upon the neighborhood in which it is proposed to be established;
The project is proposed in a rural area of Flathead County with rural residential density
and agricultural uses in the immediate area. To the immediate west of the project site
are large agricultural tracts of land. To the south of the project site are both agricultural
tracts of land transitioning into urban residential development within the city limits.
North of the project site are rural residential tracts which are five acres in size or larger.
East of the project site is commercial and higher density residential developments
within the city limits.
The proposed project and associated residential and commercial uses and densities are
significantly denser than surrounding uses. The proposed PUD and accompanying
subdivision of the site will have an impact on the immediate neighborhood with regards
to traffic and loss of existing agricultural land.
The 640 acre project site is currently zoned AG -8o, an agricultural zoning district within
the county, with an 80 -acre minimum lot size. The property is also within the West
Valley Neighborhood Plan.. The intent of the west Valley Neighborhood Plan is to keep
the areas vest of Kalispell rural with limited commercial development. However, the
proposed PUD does not need to comply with the west Valley Neighborhood Plan because
the developer is requesting annexation of the entire project site into the city. Therefore,
review of the proposed project is applied to the applicable zoning, subdivision
regulations and growth policy adopted by the city.
The City of Kalispell is experiencing tremendous growth outward from its city limits for the
past S years. The Kalispell Growth Policy Future band Use Map designates the 640 acre
project area as Suburban Residential for which the map provides a density not to exceed 4
dwellings per gross acre. Given the location of the project site to existing commercial
development and a new high school, it is reasonable to expect this property to the developed
to higher densities. This is due to the availability of city water and sewer services and the
change in land uses in the immediate area. As part of the overall project proposal the
developer is requesting the land use designation for the 640 acre project site change from
Suburban Residential to Urban Residential.
The proposed PUD would allow the overall density on the project site to increase to
approximately 4.7 dwelling units per acre. With this increase however the developer will be
required to provide additional parks and open space areas and a bike/pedestrian trail
system throughout the project site and extend full urban services and facilities.
5. In the case of a plan which proposes development over a period of years, the
sufficiency of the terms and conditions proposed to protect and maintain
the integrity of the plan which finding shall be made only after consultation
24
with the city attorney;
The developers are proposing the overall subdivision of the 640 acre project site in 15
phases over the course of 20 to 30 years. Section 5.c.viii of the R-3 Mixed --Use PUD
Application provides a breakdown of the approximate size and location of each of the 15
phases. The developer has indicated that the market would dictate the timing of the
proposed phases and that the phasing plan serves as a general guide for the anticipated
phasing of the project. Phases may come in consecutively year after year, several phases
may come in for review during one calendar year or current economic situations may
dictate longer time periods between phases. The planning board recommended the city
council consider requiring the first phase have an approval period of three years with
subsequent phases or sub -phases having an approval period not to exceed two years
from the approval of the previous phase or sub -phase.
Part of the requirements of PUD is that the developer would enter into an agreement
with the city of Kalispell to adequately insure that the overall integrity of the
development, the installation of required infrastructure, architectural integrity and
proposed amenities are accomplished as proposed. A recommended condition of
approval for the PUD would require this agreement be in place prior to filing the final
plat for the first phase of the project. It should be noted that each phase will need to be
functionally self supporting.
5. Conformity with all applicable provisions of this chapter.
No other specific deviations from the Kalispell Zoning Ordinance can be identified based
upon the information submitted with the application other than those addressed in
section III of this report.
In addition to the review criteria discussed above, the proposed PUD falls under section
27. 21. 030 (5) (d) of the Kalispell Zoning Ordinance which pertains to residential mixed
use PUD's. This section of the code lists 10 criteria that a mixed use PUD must comply
with in order to be permitted. The following list is the 10 criteria with a brief explanation
of how the propose project meets the criteria requirements.
1 . The m i r, i mum land area for a Mixed Use PUD in a residential district is 20 acres
The land area within the PUD project site is 640 acres.
2) . The predominant land use character of the district must be residential;
The proposed PUD limits the amount of non-residential land uses to approximately
60 acres or 9% of the overall project site.
3). The residential uses appropriate to a Mixed Use PUD in a residential district are as
permitted in a Residential PUD;
The proposed residential uses within the Starling PUD could be permitted in a
residential PUD. These residential uses include primarily single family homes but
would also include multi -family housing (apartment or condominium units) and
accessory single-family dwellings.
4). The maximum permissible building height is 35 feet;
The setback table provided in the R-3 Mixed --Use PUD Application, section 5. c. ii
indicates a maximum permitted height of 35 feet for all residential structures. The
setback table does not provide a height requirement for non-residential uses. The
planning board is recommending that for non-residential buildings the permitted
height not exceed 35 feet. The board also included a provision to allow a maximum
height of 40 feet for non-residential buildings provided an administrative conditional
use permit is obtained.
5) . The combined area of all commercial uses cannot exceed 3 5% including the area of
all associated facilities, such as parking,
The combined area of the commercial uses under the proposed PUD is approximately
9% of the project site.
6). The maximum permissible ground coverage including all roads, buildings, and other
areas of impervious coverage must be less than 70%;
The PUD plan shown an section 5.c.i of the R-3 Mixed -Use PUD Application indicates
approximately 21% of the site will be included in parkland and open space. The
remammg areas including building setbacks on lots, landscaped boulevards along
roads and landscaping associated with parking lots would make the remaining 10%
to bring the ground coverage on the site under 70% .
7) . Industrial and incompatible commercial uses are not permitted. commercial uses
that may be permitted include all uses permitted or conditionally permitted in B--1, B-
2, and B-3 zones with the following exceptions, which will not be permitted:
Automobile commercial parking enterprises; automobile sales; automobile rental
agency office; automobile service stations except those with pump services only; boat
sales; car washing and waxing in conjunction with an automobile service station; food
processing plant; casinos; motels/ hotels; plumbing and heating materials retail and
service; wholesale and ' jobbing" establishments.
The anticipated uses and development standards table provided in the R-3 Mixed -Use
PUD Application, section 5. c. m` provides a list of general uses within the PUD. The
planning board had concerns with several of the proposed uses within the R-3 mixed
use and B-1 PUD portions of the development standards. Specifically, the planning
board is recommending transmission towers and cellular communication towers and
hotel/motel less than 20 rooms be removed. The planning board is also
recommending no casinos be permitted on the project site. An additional
recommended condition will require the developer to consolidate many of the uses
listed on the anticipated uses and development standards table. Along with this
consolidation a recommended condition of approval would require office / retail. (non-
residential) type uses of 10,000 square feet or less be a permitted use with either
single or multiple users within the same building with no single use exceeding 5,000
square feet. Buildings exceeding 10,000 square feet will be permitted by conditional
use.
26
8). Vehicular access to all uses and/or activities of the Mixed Use PUD shall be limited to
the internal road system of the Mixed Use PUD. Frontage of uses on a perimeter
road/highway system shall be prohibited.
All of the residential and commercial uses will be accessed via roads constructed as
part of the project. The project will only have limited access points on the
surrounding roadways of Stillwater Road, West Reserve Drive, Four Mile Drive and
Spring Creek Road.
The southeast corner of the project site is designated as commercial on the PUD plan
and the developers do not have a detailed development plan for this area. The
developer has therefore requested that a provision to allow future accesses onto
Stillwater Road and Four Mile Drive not currently shown on the PUD plan be
considered by the city. The planning board recommended the developer have the
option to propose additional access points onto Stillwater Road and Four Mile Drive.
9) . Such commercial establishments shall be architecturally harmonious and compatible
with the associated residential uses and primarily serve the needs of the persons
residing in the district and those in the immediate vicinity; and,
The City of Kalispell has adopted architectural design standards which would apply
to the multi -family housing and. non --residential (commercial) uses within the project
site. The developers are also establishing an architectural review committee to see
that future commercial development reflects the character of the neighborhood. With
these two entities in place the city can be assured that future commercial uses on the
site will be architecturally harmonious and compatible with the associated residential
uses.
Furthermore, the anticipated land uses proposed as part of the PUD would be
neighborhood oriented and serve the general area. This is based on the limited size of
commercial and office uses proposed as part of the PUD.
10) . In the event that plans for a Mixed Use PUD include a commercial use not specifically
provided by Section. 27.21. o3o(5) (d) (7), then the city council of Kalispell shall make a
determination on whether such use is generally compatible with residential uses and
with. the " mix" of uses proposed in the PUD.
The commercial uses included in the PUD request substantially comply with Section
27.21.030(5)(d)(7).
IV. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF
STARLING THASE 1
The following is a review of phase 1 of the Starling project. This first phase is
27
located in the northeast corner of the 640 acre project site at the intersection of
Stillwater Road and West Reserve Drive. This phase includes a mix of single-
family residential, townhouse, multi -family and commercial lots on 63.3 acres.
Specifically, the first phase includes 99 single family lots ranging in size from.
2,600 square feet to 10,400 square feet, 98 townhouse lots ranging in size from
approximately 2,200 square feet to 7,800 square feet, 7 lots designated as multi-
family lots and 32 lots designated as commercial lots.
The multi -family lots include lots 51, 70, 71, and 233 - 236. These lots would
range in size from 12,200 square feet to 28,700 square feet. The application
states that 64 units could potential by built on the 7 multi -family lots.
If the proposed PUD is approved there are 32 lots located in the southern portion
of the phase which would have the potential to be used as commercial lots as they
are within the B-1 area shown on the proposed PUD plan. The lots include 78-
997 120-122 and 139-145. These lots range in size from 6,100 square feet to
13,000 square feet. Please note however that the PUD would limit a maximum. of
50% or 16 of the 32 lots for commercial uses. The remaining 16 lots would be
used as residential lots.
The plan also includes approximately 8.7 acres of common area and a 3.66 acre
park. The subdivision application is reviewed as a major subdivision in
accordance with statutory criteria and the Kalispell City Subdivision Regulations.
A. Effects on Health and Safety:
Fire: This subdivision would be in the service area of the Kalispell Fire
Department once annexed to the City. The property would be considered to be at
low risk of fire because the subdivision and homes within the subdivision would
be constructed in accordance with the International Fire Code and have access
which meets City standards. All of the lots within the subdivision would abut a
street that has been constructed to standards adequate for the fire department to
access and suppress a fire or other hazard. Hydrants will be required to be
placed in compliance with the requirements of the International Fire Code and
approved by the Fire Marshal. The fire access and suppression system should be
XKI
installed and approved by the fire department prior to final plat approval because
of potential problems with combustible construction taking place prior to
adequate fire access to the site being developed. In addition, the site is within 1
mile of the new fire station.
Foodin There are no areas within the 100-year floodplain on the site pursuant
to Flood Insurance Rate Map community panel number 300023 1805 D.
Access: Access to the subdivision would be provided by ''ULTest Reserve Drive, a
state secondary highway approximately 24 feet wide, and Stillwater Road, a
county roadway approximately 24 feet wide. The subdivision is proposing two
access points, one on west Reserve Drive and one on Stillwater Road, to provide
access into the subdivision. From the intersection of West Reserve Drive and
Stillwater Road at the northeast corner of the site, West Reserve Drive eastward
will be rebuilt as a 4-lane arterial road.
Internally, the subdivision would have one collector roadway, Farmstead Parkway,
off of Stillwater Road. Farmstead Parkway would provide access to smaller local
streets within the subdivision. Cuff of west Reserve Drive the developer has
proposed a local street, Adams Drive, to provide access to lots on the northern
end of the subdivision to west Reserve Drive. The majority of lots will be served
by streets built to city standards except lots fronting common area 2 as shown on
the preliminary plat and those lots classified as cottage lots, lots 15 through 50,
on the preliminary plat. The lots fronting common area 2 will be provided
vehicular access by moray of a modified alley way. The cottage lots, lots 15 through
50, will be provided access by an access roadway 30 feet in width. A detailed
discussion of road designs proposed for the internal streets can be found under
section D, Effect on Local Services, Roads.
On -site Improvements: The City of Kalispell has required past subdivisions to
complete a minimum of two-thirds of the necessary infrastructure (water, sewer,
roads, etc.) prior to filing the final plat. The planning board recommends this
condition on each plat to insure that, prior to issuing a building permit on a new
lot, there is access which meets the fire departments minimum standards as well
as adequate water and sewer services. In the past, the city has allowed
subdivisions to file a final plat and subsequent home construction to begin prior
to a majority of the infrastructure installed. Problems have occurred when new
homes were occupied and there was insufficient water for fire suppression and/or
sewer mains were not working properly. Therefore, in order to mitigate these
potential impacts to the public's health and safety, the planning board is
recommending a condition requiring a minimum of two-thirds of the
infrastructure be installed prior to final plat and that both the water and sewer
systems serving this phase be operational.
B. Effects on Wildlife and Wildlife Habitat: Phase I of the Starling project, a 63
acre site in the northeast corner of Section 35, is currently zoned county Ag 80
and actively used for agricultural farming. Westview Estates, an urban residential
community, is located northeast of the project site and to the east is the new
Glacier High School. Rural residential land use patterns occur to the north of the
site and future phases of the Starling project make up the adjacent land to the
west and south.
±'ED
Topography on the site is generally level, however two small rolling hills exist at
the northwest and the southeast corner of Phase 1. The site generally slopes
towards Stillwater Road to the northeast as well as to the southwest via the
depression located between the two hills. The USGS topographic map of Kalispell,
Montana (19 8 1) shows an ephemeral stream running from the northwest corner
to the southeast portion of Phase I. However, there was no evidence of a stream
upon inspection of the site on May 11, 2007 and the Draft Environmental
Assessment (DEA) completed by Morrison Maierle, Inc. for the project indicated
the ditch in that area no longer existed. It was apparent that water may flow or
be collected during parts of the year to the west of Phase L
The site, as indicated previously, is actively farmed and does not provide
permanent wildlife habitat. There are no known native or critical plant
communities -- a mix of grasses and grains are propagated on site. The DEA for
the Starling project referenced a 2001 Department of Natural Resources and
Conservation (DNRC) Environmental Impact Statement (EIS) for the neighboring
Section 36. The EIS stated that "The farming g practices offer no year-round
benefits to wildlife. Seasonal opportunities are primarily limited to food for
migrating waterfowl, resident Hungarian partridges, pheasants, and other small
mammal and avian species." The report also identified the potential presence of
bald eagles; however it would be in the form of a fly -over. Figure 4 of the DEA
indicated that no species of concern have been identified within Section 35 to
date. Additionally, Appendix A of the 2020 Growth Policy's Resource and
Analysis section includes wildlife distribution maps provided by the Montana
Department of Fish, Wildlife and Parks (FWP) for six big game species: white-
tailed and mule deer, mountain lions, elk, moose and black bear. The 63 acre
project site is outside of the identified distribution areas for the species listed
above.
This determination was further conf=ed at a meeting with Mark Deleray,
fisheries biologist and Tom Litchfield, wildlife biologist for FWP on May 9, 2007.
The pair did not identify any watercourses or riparian habitat and noted that
there were no observations of wildlife species or habitat within the site. Therefore,
Phase I of the starling project will not impact wildlife or wildlife habitat.
In addition, the proposed Starling project includes a mix of urban density and
commercial uses as encouraged in the 2020 Growth Policy and may serve to
lessen impact on sensitive lands or those areas that do provide important habitat
for wildlife in the Flathead Valley. Chapter 7, The Natural Environment, Policy 2
states "Encourage infill clustering, and other compact development patterns to
lesson impacts on sensitive lands."
C. Effects on the Natural Environment:
Surface and oundwater: The environmental assessment for phase 1 notes that
there are no areas within the first phase subject to flooding or located within the
100--year floodplain. The U SG S topographic map for the Kalispell area indicates
an intermittent drainage located in the area of the project site. An on -site
investigation noted a small depression where grater may collect in storm events
west of phase 1, however no water was present during the site visit. The
environmental assessment also notes that water is present during the growing
season in spring and summer. As part of the conditions of approval for the
subdivision the developer will need to demonstrate how stormwater will be
handled and not impact the internal roads or lots within the subdivision.
30
With regards to groundwater, the environmental assessment notes that
groundwater is general found at depths between 100 to 200 feet below the ground
surface. The environmental assessment points to studies conducted on the
adjacent section, 36, and assumes that the ground water information contained
in the draft environmental impact statement for section 36 can also be applied for
section 35, where the proposed subdivision is located.
A Depth to Water Table snap dated March 13, 2006 indicates the water table for
the subdivision site is 50 feet or greater below the ground surface. Therefore, the
planning board is not recommending any prohibitions on basements within the
subdivision. Information in the Depth to Water Table was provided by the
Flathead Lakers in consultation with the Flathead Lake Biological Station.
Drainage. This site is relatively level and does not pose any unusual challenges to
site drainage. Curbs and gutters will be installed along the streets throughout the
subdivision and storm water will be conveyed to the west through a swale to a
retention pond located in a natural occurring low area of the 640 acre project site.
The application notes that the retention pond will remain unaltered during this
phase of the project and will provide for the storage of the post development 100-
year, 0 hour storm event. The retention pond is located approximately 3,000 feet
west of phase 1.
The City of Kalispell recently adopted an ordinance to address erosion control and
stormwater pollution prevention. The new ordinance requires a developer to
obtain a city stormwater management permit and a State General construction
Stox inwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution
Prevention Plan (SWPPP) prior to any grading activities on the site. These plans
provide for managing stormwater on the site and include stabilizing the
construction site through an approved revegetation plan after site grading is
finished. This ordinance is implemented through the recommended conditions of
approval for subdivision.
D. Effects on Local Services:
Water: The application states that an existing 14-inch grater main is located at
the intersection of Stillwater Road and West Reserve Drive. Plans submitted by
the developer indicate the developer will extend the 14 inch water main along the
perimeter of phase 1, in the right-of-way for both West Deserve Drive and
Stillwater Road. Eight -inch water mains will extend off the 14-inch main to
provide water to individual lots within the subdivision. Section 5, Water
Distribution System Analysis, of the R-3 Mixed Use PUD Application Preliminary
Plat Phase 1, provides a detailed discussion of water needs and proposed water
line locations to serve phase 1.
The water system for the subdivision will be reviewed and approved by the
Kalispell Public Works Department and the Kalispell Fire Department as part of
the development of the subdivision. There is adequate capacity within the City's
water system to accommodate this development.
As the 640 acre project site develops the city will be providing water to future
residents from existing wells in the city's water system. Part 1, Property
31
Description, of the environmental assessment for the project states that there are
three known wells within Section 35 and all three wells have water rights
associated with them. In addition, due to the impacts the future lots within the
project site will have on the water system for Kalispell, the planning board
recommends that a condition be placed on the plat requiring the water rights
associated with the 63.3 acres of phase 1 be given to the city of Kalispell. This
would mitigate impacts the future lot owners would have on the city because the
city could use the water rights to drill a city well within the subdivision to provide
water for the site.
Sewer: The application states that an existing 1 2-inch sewer main is located at
the intersection of Stillwater Road and West Reserve Drive. Eight -inch sewer
mains will be installed within the subdivision as well as a lift station located on
the south end of the park site. Section 4, Wastewater Collection. System Analysis,
of the R-3 Mixed Use PUD Application Preliminary Plat Phase 1, states that the lift
station will tape the sewage flows from phase 1 and the subsequent six phases of
the Starling development. A force main will tape the sewage from the Starling site
and transfer it to the 12-inch seiner main located at the intersection of Stillwater
Road and West Reserve Drive. Maps indicating the lift station site and proposed
sewer line extensions can be found in section 4 of the phase 1 application.
The sewer system for the subdivision will be reviewed and approved by the
Kalispell Public Works Department as part of the development of the subdivision.
The city is starting an upgrade to the sewer treatment plant and the trunk lines
running to the plant. As part of the review and approval process, the Public
Works Department may require the developer to share in the cost of upgrading
portions of the overall sewer system.
Roads: As discussed under the Access section of this document, West Reserve
Drive, located on the north boundary of phase 1, and Stillwater Road, located on
the eastern boundary of phase 1, provide primary access to the site. West
Reserve Drive is a state secondary highway, is approximately 24-feet feet wide
with minimal shoulders and no pedestrian facilities. Stillwater Road is a county
roadway approximately 24-feet wide with minimal shoulders and no pedestrian
facilities in the area of the phase 1. Due to the increased traffic both roadways
will receive from the development of phase 1 a recommended condition of
approval will require both roads, as they front the subdivision, be upgraded to
city standards.
32
Figure 2: View of the project site looping north. West Reserve Drive can be seen
m the background with Stillwater Road just outside the picture frame on the right
side.
The developer hired Morrison Maierle Inc. to conduct a traffic impact study for the
proposed project. The traffic study concluded that phase 1 would generate
approximately 2,800 weekday vehicle trips. Specific mitigation cited for phase 1
includes:
• Dedicating 50 -feet of right-of-way for improvements to West Reserve Drive
• Dedicating 40-Meet of right-of-way for improvements to Stillwater Road
• Design and reconstruct west Reserve Drive to a 60 mph three --Lane rural
collector standard from the crest end of Reserve Loop to a point west of phase
1 approach
• Design Stillwater Road to an urban three -lane collector standard and
reconstruct Stillwater Road from the south end of the Reserve Loop Project or
Glacier High School Improvements to a point south of the phase 1 approach.
The improvements cited above are considered short term improvements. As
subsequent phases on the 640 acre project site are approved further mitigation
measures will be needed. The Public works Department is still reviewing the
traffic study and has not determined the appropriate mitigation measures for
phase 1. A recommended condition of approval will require the developer to
33
implement the road improvements for phase 1 as approved by the Public Works
Department and the Montana Department of 'Transportation.
Road designs are discussed briefly in the PUD section of this report. Within
n
phase 1 the developer is proposing a collector street, Farmstead Parkway, which
would have an 35-foot road right-of-way. Farmstead Parkway would have a 15-
foot wide median with adjacent 18 -foot wide travel ways, 10-foot wide boulevards
and 5 foot sidewalks. Sandford Drive on the west side of phase 1 running in a
northeastly direction will have a 65-foot road right-of-way. Sandford Drive will
have a 30 foot wide travel surface with 3 foot boulevards and 5 foot sidewalks. All
other streets within phase 1 will be constructed to city standards but will exceed
the minimum 5 foot wide boulevards as b '/2 foot boulevards are proposed.
Two areas where direct lot access will not be provided by a city street include lots
fronting common area 2 (lots 218 through 2 3 6) and the cottage lots (lots 15
through 50) . For lots 213 through 235 these lots include townhouse units and
multi -family lots. The exact number of units is not known at this point but will be
somewhere around 35-40 units. Access to these units would be provided by an
alley which would also serve lots located to the north and west (lots 185 through
217) . The alley serving the units would be within a 30-foot wide easement and
have a 20-foot wide travel way. The purpose of the alley access is to provide a
large landscaped common area which will act as a front yard for the townhouse
and multi -family units. The fire department and the Public works Department do
not have concerns about the proposed design based on the developer's ability to
provide garbage collection, parking, drainage and snow removal.
Based on concerns about off-street parking the developer has agreed to reduce lot
233 and provide a common area parking lot on a portion of this lot. The planning
board recommended the number of parking spaces in the common parking lot be
calculated at 1/2 space per unit for lots 213-236. The common area parking; lot
would be constructed prior to occupancy of units constructed on lots 233-236.
The proposed cottage lots, lots 15 through 50, would be provided access via a 30-
foot wide alley way within a 30-foot easement. Garages will be set back three feet
from the alley right-of-way. The intent here is to orient the units onto a common
open space area where landscaping and sidewalks will be provided. The planning
board had concerns including snow removal, garbage removal, visitor parking and
exceeding the 150 foot cul-de-sac limit length. The developer, as a condition of
approval, will be reducing the length of the access roadway to comply with the fire
departments concerns. An area at the end of the alley will be provided for
garbage collection and snow storage. Because this is at such a prominent
location, landscaping including earth berms and a variety of vegetation will be
required to be installed to screen the garbage containers and the ends of the
alleys.
The preliminary plat shows common area located between the lots in phase 1 and
the right-of-way along 'Guest Reserve Drive and Stillwater Road. The common area
fluctuates in distance from 40 feet to the right-of-way to over 200 feet. This
setback is important as it provides an area to install a bike/pedestrian path,
landscaping and berming to screen garbage containers, alleys and residences.
The common area along the roadways also provides for an increased distance
34
from the adjacent roadways which helps to reduce the sound levels adjacent
residents receive from Stillwater Road and West Reserve Drive. The planning
board is concerned that these setbacks may be reduced as the traffic study
recommends the right-of-way along West Reserve Drive be increased to 50-feet
from the centerline of the right-of-way. The preliminary plat shows an increase of
40-feet from the centerline of the right-of-way. In addition, the highway
department is constructing a roundabout at the intersection of West Reserve Drive
and Stillwater Road. It is unclear whether the right-of-way shown on the
preliminary plat reflects the increased right-of-way obtained by the highway
department in order to construct the roundabout. Therefore, the planning board
recommends that a minimum distance of 50 feet be maintained as common area
between the lot lines and the right-of-way boundaries, for reasons stated
previously. For lots 10-14, located adjacent to West Reserve Drive, the planning
board recommended reducing the setback distance from 50 feet down to 30 feet.
The reason for the reduction is based on the excessive right-of-way dedication
needed due to slopes in this immediate area.
Figure 3 : View of the project site looking east. The intersection of West Reserve
Drive and Stillwater Road can be seen in the background. The Montana
Department of Transportation will be constructing a roundabout in the near
future at this intersection.
Schools: This development is within the boundaries of the West Valley School
District. Part III, Community Impact Report, of the environmental assessment
provides a table of the projected students the Starling project may generate. The
environmental assessment notes that the estimated number of students who may
35
enroll in the school district has been based on the school districts projected
school populations for similar projects. According to the table, phase 1 would
generate 94 school aged children. The table basis this figure on 220 total housing
units. This is slightly lower than the city has typically calculated the number of
school aged children that may live within a subdivision. The city has used a
figure of .5 children per residential unit. At 236 lots this would provide a figure of
118 school aged children. Whether the subdivision ultimately adds 94 or 118 or
more students to the West Valley School District it would have a potentially
significant impact on the district. To help mitigate impacts to the school district
for phase 1 and subsequent phases the developer has proposed a land donation
for a future school. Further discussion on a potential future school site can be
found in section 3 of the PUD evaluation in this report.
Parks and 0-pen Space: As discussed in the evaluation of the proposed PUD, section
21 133 acres of open areas and parkland are proposed within the 640 acre project
site. This equates to approximately 21 % of the project site. Within phase 1 the
developer is proposing a 3.66 acre park along with approximately 8.7 acres of
open space.
Pursuant to section 3.19.A.2 of the Kalispell Subdivision Regulations parkland
dedication requirements or cash in lieu of parkland dedication in the amount of
0.03 acres per dwelling unit when residential densities in a proposed subdivision
exceed 11, 880 square feet per dwelling unit are required. The density within the
proposed subdivision exceeds the density of 11,880 square feet per dwelling unit
and therefore the 0.03 acres per dwelling unit requirement has been applied.
The parkland requirements for this phase have been calculated based on the
potential number of dwelling units on the site. A discussion of the number of
potential dwelling units for each phase of the Starling project can be found under
section 2 of the evaluation of the Starling PUD. The parkland requirements for
phase 1 are approximately 8.1 acres of parkland. This calculation is based on 99
single --family residential lots, 98 townhouse lots and 16 of the potential
commercial lots. For the 7 multi --family lots a density calculation of 2,000 square
feet per unit was used. The total acreage of the 7 multi -family lots equals 2.71
acres. Based on 2,000 square feet per unit a total of 59 units could be located on
the multi -family lots. The 59 units were added to the 99 single --family lots, 98
townhouse lots and 16 commercial lots which provides a sum total of 272
dwelling units for phase 1. The 8.1 acres equals the sum total of the number if
dwelling units multiplied by a factor of 0.03 acres per dwelling unit. It should be
noted that only half of the area for lot 233 was calculated in the dwelling unit
density. The developer has proposed using a portion of this lot as overflow
parking for the surrounding lots.
In section 2 of the PUD evaluation of this report, the Parks and. Recreation
Department agrees with the location and sizes of the proposed parklands within
the Starling project. As part of the project, the developers have submitted
conceptual designs for each of the parks within the Starling PUD site. These
conceptual plans are found under sections 5. u through 5.y of the R-3 Mixed Use
PUD Application. For phase 1 a 3.66 acre portion of Farmstead Park would be
dedicated and developed. Development of the park would include a formal
orchard, multi -use field, playground and perimeter tree landscaping. The
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ultimate design of Farmstead parr will need to be approved by the Parks and
Recreation Department and installed by the developer. In order to meet the 8.16
acre parkland requirement a condition of approval would require that any
shortfall of parkland in phase 1 would be met by bonding in anticipation of
receipt of parkland in future phases. This bonding provision is based on a
recommendation by the Parks and Recreation Department which is also discussed
in section 2 of the PUD section in this report.
Police: This subdivision would be in the jurisdiction of the City of Kalispell Police
Department once annexed to the City. The department can adequately provide
service to this subdivision, however the cumulative impacts of growth within the
City further strains the department's ability to continue to provide the high level
of service the department is committed to.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department once annexed to the City, and the subdivision will be required to
comply with the International Fire Code. The fire department will review and
approve the number and location of hydrants within the subdivision as well as
fire flows for compliance with applicable fire codes. Although fire risk is low
because of good access and fairly level terrain, the fire department is
recommending that access to the subdivision and the hydrants are in place prior
to final plat approval and J or use of combustible materials in construction.
Mail Delive A proposed plan for the location of community mailboxes is
provided at the very end of the binder titled R-3 Mixed Use PUD Application. The
plan indicates two mailbox clusters, one in the area of common area 2 and the
other in the park as shown on the preliminary plat for phase 1. Section 3.22 of
the Kalispell Subdivision Regulations provides some general parameters for the
mail delivery sites. The section states that the mail delivery site shall be offset
from the edge of the traveled roadway a m n * m um of S feet and at a minimum
provide a pullout area for at least 2 vehicles. The exact location will need to be
approved by the U.S. Post Office. Mailboxes located in the park area will need
approval from the Parks and Recreation Department as well as the post office.
Solid Waste.- Solid waste will be handled by a private hauler in accordance with
State statues and taken to the Flathead County Landfill. There is sufficient
capacity within the landfill to accommodate this additional solid waste generated
from this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Medical Center is close, less than 3
miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site has been
historically used for farming operations and is currently zoned AG-80 in Flathead
County. A mix of grasses and grains are currently yielded from the site. Only the
approximately 63 acres of Phase I will be removed from agricultural production at
this time and the remaining 577 acres will continue to be farmed until future
phases are developed. This strategy will not only prolong important agricultural
functions in the Flathead Valley as identified as a goal in the 2020 Growth Policy,
but will also allow for better weed management, dust control and fire prevention
37
in the area.
The Draft Environmental Assessment (DEA) completed by Morrison Maierle, Inc.
for the Starling project indicated that the majority of Section 35 is not classified
as prime farmland or very little was classified as farmland of statewide
importance. After a review, staff confirmed that determination; the Agricultural
Soils Classification map included in the 2020 Growth Policy, Appendix A,
Resource and Analysis Section, shows that only roughly a third of Section 35
contains prime or important farmland. The map is based on information provided
by a report distributed by the USDA - Natural Resource and Conservation Service
(NRCS) January 22, 2002 titled "Important Farmlands of Upper Flathead valley."
Phase I of the project does include areas identified as "Prime Farmlands if
Irrigated." and "Farmlands of Statewide Importance." These categories are
assigned based on the "farm.ability" of soils and does not necessarily take into
account surrounding land uses or proximity to a city. Section 35 is surrounded
by a variety of land uses, but primarily include large agricultural tracts of land.
To the north, west, and south are primarily agricultural land and rural
residential. An urban residential subdivision called Westview Estates exists
northeast of Phase I and neighboring Section 36 contains the new Glacier High
School, the Flathead National Forest Supervisor's Office and other commercial
and retail. opportunities. This area is part of the current Kalispell Growth Policy
Future Land Use Map (August 7, 2000).
Three wells used for domestic, stock and irrigation purposes have been identified
within the site and have water rights associated with them. The developer pointed
out that water is present during the spring and summer seasons noting that
groundwater resources were plentiful yielding over 3000 gallons per minute. The
DEA for the Starling project also referenced a 2001 DNRC Draft Environmental
impact Statement for Section 36 which indicated there was a deep artisan aquifer
valley -wide that is approximately 300 square miles. The change in use is not
expected to impact water quality or availability in the area. However, with the
approval of this subdivision, grater and sewer service will be extended to the site.
The development has the potential to reduce prime and important farmland in the
Flathead Valley.
Current policies in the Kalispell Growth Policy, Chapter 5, Land Use: Agriculture,
state the following:
Policy 1: Encourage and create incentives to conserve agricultural lands.
Policy 2: Encourage urban growth into areas which are not environmentally
sensitive or productive agricultural lands.
The proposed subdivision contradicts both of the above policies as the requested
subdivision would not conserve any agricultural land on the site and does take
productive agricultural lands out of production. However, the Kalispell Planning
Board and City Council recognize the need for growth to occur in Flathead County
and, in particular, the City of Kalispell. The city has taken and active role in
pla n ri *rig for future development and as recently as August 2006 expanded the
city's planning boundary to the north by two miles to allow more growth to take
place within its jurisdiction. The increased opportunity for annexation and
connections to city water and sewer mains is attractive to developers and allows
for more dense development within the city where services are available to
accommodate more intense uses and larger more dense populations. The
expanded growth policy area would provide greater availability of residential and
commercial lots and therefore one could reasonably expect that more farmland
could be conserved within Flathead County.
As previously mentioned, only Phase I will be removed from agricultural
production at this time and the remaining 577 acres will continue to be farmed
until future phases are developed.. Future residents need to be aware that
farming of the land north, south, and west of the subdivision will take place and,
from time to time, potential nuisances such as noise, dust, odors, field
applications of pesticides and fertilizers and irregular hours of operation are to be
expected. Therefore, the planning board is recommending that a note be placed
on the final plat notifying future property owners of the agricultural nature of the
surrounding lands.
F, Relation to the Kalispell Growth Polley The growth policy for Kalispell was
adopted in February of 2003. The adopted growth policy map designates the 63.3
acre site of phase 1 as Suburban Residential. As discussed in section I of this
report the developer has requested a growth policy amendment for the entire 640
acre project site from Suburban Residential to Urban Residential.
Areas designated as Urban Residential are anticipated to be served by community
water and sewer and have good access to services and public facilities. This land
use designation anticipates a density of between 3 and 12 dwelling units per acre.
The proposed Starling PUD project has a density of approximately 4.7 dwelling
units per acre. This does not exceed the anticipated density under the Urban
Residential land use designation. Furthermore, given the proximity to the exiting
city limits and the overall scope of the project (i.e. variety of residential and
commercial types of uses, amount of open space and parkland, and the proposed
and recommended improvements to the area) the proposed subdivision can be
found to be in compliance with the Kalispell Growth Policy and its goals and
policies.
G. compliance with Zoning: The owners have requested annexation and initial
zoning of R-3 for the entire 640 acre project site. The developer has also
requested a PUD zoning overlay district with 6 deviations from the Kalispell
Zoning Ordinance. If the requested PUD is approved, the project would be in
compliance with the requested R-3 zoning district provided the planning i n g board's
recommended conditions or approval are in place. A full discussion of these
deviations can be found on pages 13 through 18 of this report
H* Compliance with the Kalispell Subdivision Regulations: The owners have
requested a PUD which, if approved, would allow 7 deviations to the Kalispell
Subdivision Regulations. Provided the requested PUD is approved the subdivision
would comply with the Kalispell Subdivision Regulations. A full discussion of
these deviations can be found on pages 13 through 18 of this report.
39
RECOBEM ENDATIDNS
I. The planning board recommends that the Kalispell City Council adopt report
KGPA-07-2 and recommend that the growth policy land use designation for the
entire 640 acre site be Urban Residential on the Kalispell Growth Policy Future
Land Use Map.
II . The planning board recommends that the Kalispell City council adopt report KA-
07-7 and recommend that initial zoning of the 640 acre site be R-3 as shown on
the zoning district map for the property.
III. The planning board recommends that the Kalispell City Council adopt report
KPUD-07-3 as findings of fact and the PUD for Starling be approved subject to the
conditions listed below
IV. The planning board recommends that the Kalispell City Council adopt report KPP-
07-6 as findings of fact and Starling subdivision, phase 1, be approved subject to
the conditions listed below:
CONDITIONS OF APPROVAL
r Conditions
1. The Planned Unit Development for Starling allows the following deviations from
the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.06. E (Minimum building area on a
lot)
Permits building area on lots to be below the minimum 40'x4O' area.
B. Kalispell Subdivision Regulations, Section 3.07.B (Block lengths)
Allows the block lengths to exceed the 1,200 feet and allows blocks less than
300 feet.
C. Kalispell Subdivision Regulations, Section 3.08.A; Kalispell zoning
Regulations, Section 27.22.080 (Lot access)
Allows alley access for residential lots provided a minimum paved width of 20-
feet is provided.
D. Kalispell Subdivision Regulations, Section 3.09.K.3 (Street intersections)
Allows street intersections shown on the Variance Map included in the
application to deviate from city standards
E. Kalispell Subdivision Regulations, Section 3.22 (Mailbox facilities)
Allows mailbox facilities to deviate from the design code within the subdivision
regulations.
u1,
F. Kalispell Zoning Regulations, Section 27.06.020 (Permitted uses in the R-3
zoning district)
Allows various permitted uses as shown on the Anticipated Land Uses and
Development standards as amended by condition 9.
G. Kalispell Zoning Regulations, Section 2 7.06. 040 (Property development
standards in the R-3 zoning district)
Allows property development standards shown on the Setback Table in the PUD
application as amended by condition 8.
H. Kalispell Zoning Regulations, Section 27.22-020.2. a.11; Kalispell Zoning
Regulations, Section 27.22-020.3.e (Accessory single-family dwellings and
accessory uses)
Allows accessory single family dwellings in accordance with the amended
Setback Table.
I. Kalispell Zoning Regulations, Section 27.22.020.3. d (Garage and carport
setbacks)
Allows garages and carports to come within the 10-foot setback to an alley
right-of-way.
J. Kalispell Zoning Regulations, Section 27.24.050.6 and sections 27.24-090.2
and 27.24.090.3 (Subdivision identification signs)
Allows subdivision identification signs to exceed the minimum size and height
requirements.
2. The development of the 640 acre site shall substantially comply with the following
maps and elevations contained in the R--3 Mixed Use PUD Application and
submitted as part of the Planned Unit Development dated April. 10, 2007:
A. Starling PUD plan
Note: Final access provisions for the southeast corner of the project site (i.e.
B 11 and B 12) will be worked out at the time final uses are proposed in these
areas.
B. Lot typicals
C. Street Hierarchy
D. Street cross sections
Note: Alley B shall have a minimum 20-foot paved width, and cross sections
f 0-E, local estate street, and 38-A are not approved
E. Phasing plan
F. Overall plan
G. Pedestrian Circulation Master Plan
Note: Final path designs shall be approved by the Parks and Recreation
Department or Public Works Department depending on their location.
H. Typical streetscape plans for the following:
41
Perimeter streetscape
Collector streetscape
Pedestrian streetscape
Local streetscape
Note: All boulevard landscaping shall be designed and installed in
accordance with city standards
1. M onum.entation Plan
J. Typical Primary Monumentation Plan
K. Primary Entry, Secondary Entry and Standard monumentation plans
L. Fencing plan
M. Parrs and Open Space Plan
N. Conceptual plans for Farmstead Park, Central Park, Cross Roads Park,
Buffalo Run Park, and Gateway Park
Note: Final park designs shall be approved by the Parks and Recreation
Department. on Farmstead Park the developer shall modify the future "Sales
Center" proposed on the park site to read "Temporary Sales Center / HOA
Community Center".
3. Prior to issuance of a building permit for each of the multi -family buildings, the
Kalispell site review committee shall review each individual building plan to
determine that there is:
a. Parking lot adequacy, access and design
b. Landscaping
C. the provision of bike racks
d. Solid waste disposal design
e. Provisions for snow removal and storage
f. Assurance that the architectural review committee has reviewed the
building and has found it to be in compliance with good design
standards and the architectural design standards as provided for in
this PUD approval.
4. Staking by a licensed surveyor for each single family detached lot under 6,000
square feet shall be in place prior to and during construction of homes on the lots
to assure setbacks are being met. Staking for building foundations shall be offset
from the foundation to assure stakes are in place during and after excavation of
the building pad.
S. The traffic impact study for the project site shall be reviewed and approved by the
Public Works Department and where appropriate, the Montana Department of
Transportation in order to determine the appropriate mitigation as each phase of
the project develops. The traffic impact study shall be updated for each phase of
the development and submitted as part of the preliminary plat application. The
Public Works Department may waive the required update to the traffic impact
study at their discretion.
6. Prior to final plat approval of the third phase of the Starling project, a land
dedication plan for the size and location of a future school site shall be submitted
by the appropriate school district. The land dedication shall be made prior to
final plat approval for the third phase of the project. The 15 acre school site land
reservation in the area of B 11 as shown on the PUD plan shall revert back to the
developer if no land dedication plan is submitted by the school district.
W
7. A park maintenance district shall be formed incorporating all the lots within the
Starling subdivision. The park maintenance district shall not be effective until
such time as any open space or parks are accepted by the city in which case the
taxes levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
8. The following conditions shall amend the PUD Setback Table with the amendments
reviewed and approved by the Kalispell Planning Department:
A. The applicant shall add a column in the PUD Setback Table that designates
whether or not dwelling units above accessory structures are allowed or not
allowed on a per product type basis.
B. The applicant shall change all setbacks *n the PUD Setback Table so that all
setbacks are measured from the eaves of the primary structure to the property
boundary.
C. The applicant shall change "Duplex" category to "2-Unit Townhome" category.
Additionally, "Multi -Family" shall refer to structures with more than 2 units.
D. The applicant shall include a um lot size to be set at 2,000 square feet for
Townhome, Multi -family, and Non-residential uses in the PUD Setback Table.
B. The applicant shall remove "Lot Coverage" designations from smaller lot sizes
where this designation is not applicable and label as such.
F. The applicant shall add a note to the PUD Setback Table requiring a minimurn of
400 s.f. of rear yard green space for the smaller lot.
G. The applicant shall remove "FAR" reference from table for "Non-residential"
category.
H. The applicant shall remove "stories" under the "Building Height" column of the
PUD Setback Table.
I. The maximum building height for "Non -Residential" shall be established as 35'.
Note: An administrative conditional use permit shall be required for any non-
residential building between 3 5' and 40'. In no case shall a non-residential
building have a height exceeding 40'.
J. The applicant shall include nu*ni_rnum setbacks for the "Non-residential" category
in the PUD Setback Table.
K. The applicant shall add a "Side Cornea column of specific standards for all
categories in the PUD Setback Table.
L. The applicant shall remove the "Alley Loaded Garage Separation" column from the
Table as it is redundant.
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M. The applicant shall remove the "Side Building Separation" column from the Table
as it is redundant.
N. The applicant shall revise Note #6: provide a better definition or wording for "most
restrictive" when referring to setback lines and nimum lot widths.
O. The applicant shall remove Note # 11 and place in CCR's on the setback table.
P. The applicant shall remove "Accessory Apartment" and "Accessory Single Family"
from the proposed uses list and replace with "Accessory Dwelling Above Garage"
as a proposed / permitted use. "Accessory Dwelling Above Garage" shall only be
permitted in the Single Family Residential" use areas with one primary residential
dwellu g and one secondary residential dwelling permitted on a single lot.
Maximum building height for this above the garage unit shall be 35'.
Q. The applicant shall reduce minimum front setbacks for homes fronting onto green
spaces in first phase to allow for additional parking at rear of lot.
R. The applicant shall denote that corner side lot fence height shall be a maximum of
42.
9. The following conditions shall amend the PUD Anticipated Land Uses and
Development Standards with the amendments reviewed and approved by the
Kalispell Planning Department:
A. The applicant shall change the following Land Use designations: "B--1 Mixed Use
PUD" designation to "commercial Mixed Use PUD; "R-3 Mixed Use PUD"
designation to "Residential Mixed Use PUD".
B. The applicant shall add "Accessory Dwelling Unit Above Garage" to all sections of
the anticipated uses list.
C. The applicant shall add "Rental Cabins" as a proposed / permitted use under the
"Parks / Open Space" section of the anticipated uses.
D. The applicant shall add "Temporary Sales Office / HOA Community Center" as a
permitted use under the "Parks /Open Space" section of the anticipated uses.
B. The applicant shall add text in the Property Development Standards for "Parks /
Open Space" stating that "Temporary Sales Center" shall use on -street parking
only.
F. The applicant shall verify the need for including proposed portions of the "Property
Development Standards" or remove them completely to minimize overlap with the
"PUD Setback Table" information.
G. The applicant shall remove "transmission towers and cellular communication
towers", "hotels / motels", and "electric distribution station".
H. The applicant shall consolidate similar uses into a more simplified list of proposed
uses (i.e. "professional offices", "retail", etc.)
I. The applicant shall specify "no casinos" when referencing land uses such as bars,
pubs, etc.
J. The applicant shall indicate that office / retail (non-residential) type uses of
10,000 square feet or less will be a permitted use with either single or multiple
users within the same building with no single use exceeding 5,000 square feet.
Buildings exceeding 10,000 square feet will be permitted, by conditional use.
10. Upon submitting a preliminary plat for each phase of the Starling project the
applicant shall color the preliminary plat similar to PUD to differentiate the various
product types and identify and label land uses for each lot as defined in the PUD.
11. Upon submitting a final plat for each phase of the Starling project the applicant shall
provide the planning department with a copy of the final plat which differentiates the
various product types and identifies and labels the land uses for each lot as defined
in the PUD and approved in conjunction with the preliminary plat.
12. In reviewing the subsequent subdivisions on the site the parkland requirement for
each phase shall include the number of lots and the number of potential
condominium or apartment units on the multi -family lots. The potential number
of condominium or apartment units on the multi -family lots will be calculated at a
density of 1 unit. per 2,000 square feet of gross square footage for the lot. In
addition, the parkland for the lots designated on the preliminary plat as
commercial mixed use or residential mixed use shall be based on 50% residential
for the commercial mixed use lots and 75% residential for the residential mixed
use lots.
13. Parkland requirements shall be calculated as each phase of development is
proposed with the required parkland met by the dedication and improvement of
parks as shown on the Parks and open Space plan. Any shortfall of parkland in a
specific phase of the project shall be met by bonding in anticipation of dedication
and improvement of parkland in future phases.
14. The applicant shall coordinate with the Parks and Recreation Department to provide a
miriimBurn of 90 acres of parkland on the 640 acre project site based on an ultimate
buildout of 3,000 residential units. If the overall units decrease, the associated
acreage for parkland will decrease accordingly.
15. On the final plat the developer shall designate park space to be dedicated to the
public and be maintained by the Homeowners Association.
16. The applicant shall install an asphalt (mi*nn*num 10 -feet wide) or concrete (rru*nm*um
8-feet wide) trail along all four edges of the Starling Community as well as a pathway
along the BPA power line easement. The trail along the perimeter of the site shall
eliminate the need for the standard sidewalk next to the perimeter roadways west
Reserve Drive, Stillwater Road, Four Mile Drive and Spring Creek Road) .
Specifications for the trail including width and construction materials will be
determined by the Parks and Recreation Department and, for bike and pedestrian
paths along the perimeter of the project site, the Public Works Department.
45
17. The Parks and Recreation Department shall review and approve all park designs
within. the Starling project.
18. The Parks and Recreation Department shall review and approve the landscaping
associated with the open space areas as shown on the approved PUD plan. Along
with the landscaping plan the developer shall provide a plan for irrigation and
pedestrian/bike facilities in the open space areas.
19. A detailed plan to screen the lift stations within the project site shall be reviewed
and approved by the Parks and Recreation Department as part of the preliminary
plat. Screening of the lift station shall include enclosing the lift station within a
building which is in keeping with the architectural style of the Starling project.
The lift station site shall also be incorporated into the overall landscaping plan for
the p ark .
20. The power, phone, natural gas and cable television lines shall generally be located
within the alley right-of-way. Where an alley is not adjacent to the lot the power,
phone, natural gas and cable television lines shall be located within a separate 5-
foot easement outside of the road right -of way easement.
21. A minimum of two-thirds of the necessary infrastructure for subdivisions on the
Starling site shall be completed prior to final plat submittal for each phase and
that both the crater and sewer systems serving the individual phase be
operational.
22. Because of the extended nature of the Starling project it is understood that the
merits of each preliminary plat shall be judged on the current design and
construction standards for public infrastructure at the time of preliminary plat
submittal.
23. The Phasing Plan of the PUD serves as a general guide for the anticipated phasing
of the project. The various phases of the project serve as a guide with regard to
the order in which the phases will be constructed allowing for phases to be
constructed in orders other than that shown in the Phasing Plan. The first phase
shall be filed within three years of approval of the effective date of this PUD. Each
successive phase or sub -phase shall be filed within two years of final plat
approval of the previous phase or sub -phase. A one year extension may be
approved by the Kalispell City Council for the first phase and subsequent phases
or sub -phases. In all events each phase shall be freestanding in terms of public
infrastructure, services, parks and open space.
24. 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.
Starling Phase 1 Subdivision Conditions
General Conditions:
25. 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 preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
26. The preliminary plat approval for phase 1 shall be valid for a period of three years
from the date of approval. (Kalispell Subdivision Regulations, Section 2.06) .
27. 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)).
28. The roads serving lots 15 through 50 shall beano longer than 150 feet in
accordance with International Fire Code standards. (Findings of Fact Sections A and
D)
29. Prior to any excavation or earthwork, a City Stormwater Management Permit shall
be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. In addition to the City Stormwater Management Permit the
developer shall submit a copy of the State General Construction Stormwater
Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan
(SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit. (Ordinance 1600 and Findings of Fact Section C)
Prior to final plat:
30. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards except those roadways
approved as part of the PUD; the design shall be certified in writing by a
professional engineer licensed in the State of Montana. All design work shall be
reviewed and approved in writing by the Kalispell Public Works Department prior
to construction. This infrastructure shall include but not be limited to streets,
street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell
Design and Construction Standards)
31. Water and sewer main extensions shall be designed and constructed in
accordance with the city of Kalispell's Standards for Design and construction and
Montana Public Works Standards. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior
to final plat, a certification shall be submitted to the Public Works Department
stating that the water and sewer mains have been built and tested as designed
and approved. (Kalispell Design and Construction Standards)
32. The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. Prior to
final plat, a certification shall be submitted to the Public Works Department
47
stating that the drainage plan for the subdivision has been installed as designed
and approved. (Kalispell Design and Construction Standards)
33. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a proper
bond has been accepted for unfinished work. (Kalispell Design and Construction
Standards)
34. All alley right-of-ways shall be dedicated to the public but privately maintained. A
note shall be placed on the final plat stating that the alleys shall be privately
maintained. (project proposal)
35. All mitigation required as part of the approved traffic impact study shall be
completed. Mitigation may include but is not limited to improvements to
Stillwater Road and west Reserve Drive. All improvements shall be reviewed and
approved by either the Public works Department or Montana Department of
Transportation. A letter from the Kalispell Public Works Department or Montana
Department of Transportation shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter stating that a proper bond has
been accepted for the unfinished work by the appropriate agency is required.
(Findings of Fact Section D)
36. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for Adams Drive onto west Reserve Drive. If any
improvements are necessary at the intersection of the roadways, these
improvements shall be completed to the satisfaction of the MDT prior to final plat
and MDT shall so certify this in writing to the city. (Findings of Fact, Section D)
37. The alley serving lots 218 through 236 shall have a n innm__um asphalt paving width
of 20-feet. This alley shall be named for addressing / emergency access clarity 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. (Findings of Fact Section D)
33. The road serving lots 15 through 50 shall have a minimum asphalt paving width of
30-feet. The roads serving lots 15 through 50 shall be named for addressing /
emergency access clarity 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. (Findings of Fact
Section D)
39. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the 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. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as a fire lane.
g. Residential fire sprinklers will be taken into consideration when approving fire
flours, hydrant locations, and fire department access.
40. The developer shall provide 0.03 acres per dwelling unit of parkland deemed
suitable by the Parks and Recreation Department in accordance with the Kalispell
Subdivision Regulations. Initial preliminary plat review indicates the need for
8.16 acres of parkland for phase 1. Any shortfall of parkland in phase 1 will be
met by bonding in anticipation of receipt of parkland in future phases. (Findings
of Fact Section D)
41. The CCR's for phase 1 shall state that the HOA Community center located within the
park may be rented through the H.O.A. with the appropriate permits obtained
through the City of Kalispell. (Recommended by the Kalispell Parks and Recreation
Department)
42. A minimum distance of 50-feet from the right-of-way boundaries along Stillwater
Road and West Reserve Drive to the lot Tines, shown as common area on the
preliminary plat, shall be maintained. Because of the excessive right --of way
dedication due to slopes along West Reserve Drive lots 1.0-14 shall be allowed to
encroach within 30- feet from the right--of-way boundaries along West Reserve
Drive to the lot lines. No lot boundaries shall encroach within the common area.
(Findings of Fact Section D)
43. A letter shall be obtained from the Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the
landscape boulevards of the streets serving the subdivision. The approved
landscape plan shall be implemented or a cash in lieu payment for installation of
the street trees and groundcover provided to the Kalispell. Parks and Recreation
Department. (Kalispell Subdivision Regulations, Section 3.11) .
44. The developer shall provide the Parks and Recreation Department a revised
landscaping, irrigation and sidewalk connectivity plan for the common areas as
shown on the preliminary plat. The plan shall include landscaping, including
earth berms, and a variety of vegetation to screen garbage containers and alleys
associated with the "cottage lots", lots 15 through 50. Sidewalks shall be
provided in the common areas between the "cottage lots" which connect to
pedestrian facilities along the internal street, Stenberg Court, and pedestrian
facilities along Stillwater Road and West Reserve Drive. The approved landscape,
irrigation and sidewalk plan shall be installed prior to final plat approval.
(Findings of Fact Section D)
45. 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
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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)
46. All easements and/or right-of-ways 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 required
easements are being shown on the final plat. (Kalispell Subdivision Regulations,
Section 3.18)
47. Prior to filing the final plat a letter from the US Postal Service shall be included
stating the Service has reviewed and approved of the design and location of the
mail delivery site. In addition, the mail delivery site and improvements shall be
included in the preliminary and final engineering plans to be reviewed by the
Public Works Department and Planning Department. Any mail delivery sites
within the park area shall be approved by the Parrs and Recreation Department.
(Kalispell Subdivision Regulations, Section 3.22)
48. The following statement shall appear on the final plat. "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines and
other facilities, in, over, under, and across each area designated on this plat as
"Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
49. That a mir,imurn of two --thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal and that both the water and sewer
systems serving this phase be operational. (Findings of Fact Section A)
50. The water rights appurtenant to phase 1 shall be transferred to the city with the
filing of the final plat to insure the orderly accounting of water rights and to
protect the future water needs of the city of Kalispell for it users. (Findings of Fact
Section D)
On om* conditions:
51. The applicant shall add an internal parking lot off of the alley on a portion of lot 233
to accommodate additional visitor parking. The number of parking spaces shall be
calculated at 1/2 space per unit for lots 218-236. The parking lot shall be constructed
prior to occupancy of units constructed on. lots 233-236. The parking lot shall be
paved, striped, and landscaped in accordance with the Kalispell Zoning ordinance.
The striping and landscaping plans shall be reviewed and approved by the Kalispell
Planning Department and Parks and Recreation Department. Maintenance of the
parking lot shall be included in the homeowners association for phase 1. (Findings of
Fact Section D)
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52. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
53. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
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