2. Ordinance 1732 - PUD Amendments - Willow Creek Subdivision - 2nd ReadingWV q
Planning Department
201 I't Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin2
REPORT TO: Doug Russell, City Manager
FROM: Tom Jentz, Director, Kalispell Planning Department
SUBJECT. Ordinance No. 1732 — Second Reading - Amendments to willow
Creek PUD — Pedestrian Trail Changes Ordinance
MEETING HATE: October 21, 2013
BACKGROUND: This is the second reading for a request to amend condition #3 3 of the
approved Willow Creek PUD by allowing an at -grade pedestrian intersection as opposed to a box
culvert, modifying the alignment of the trail slightly to improve its approach to the Meridian
Trail, providing for a temporary parking/trail head on the Meridian Trail, and providing for an
access easement to allow pedestrian and vehicle access from US 2 across a private road to the
Meridian Trail.
The Kalispell City Council approved the first reading of the ordinance at their regular meeting on
October 7, 2013.
RECOMMENDATION: It is recommended the city council approve the second reading of
Ordinance No. 1732 amending condition #33 of the willow Creek PUD.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the city.
Respectfully submitted,
Tom Jentz
Planning Director
Report compiled: October 11, 2013
c: Theresa white, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
WHEREAS, the City Council of the City of Kalispell by Ordinance No. 1625 approved the
Willow Creek Planned Unit Development on December 17, 2007; and
WHEREAS, the Willow Creek Planned Unit Development Agreement was amended by Ordinance
1678 on July 16, 2010-9 and
WHEREAS, Wayne Turner, the owner of the property, has requested an amendment to the Willow
Creek Planned Unit Development, specifically Condition No. 33, regarding the bike -
pedestrian trail; and
WHEREAS, it is in the best interests of the City of Kalispell that the Willow Creek Planned Unit
Development be amended as set forth below.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL,, MONTANA AS FOLLOWS:
SECTION 1. That the Willow Creek Planned Unit Development shall be amended to
provide the following:
1. Condition # 33 of the approved PUD shall be amended so that the required box
culvert be deleted and in its place an at -grade trail crossing shall be constructed with
a pedestrian cross walk, crossing signage and bulb -outs that neck -down the road to
allow for the safe crossing of pedestrians and bicyclists across the subdivision road.
2. When the trail is built through the Willow Creek Subdivision, as is required by the
Willow Creek PUD, the route shall be modified from being adjacent to the
subdivision road labeled Plymouth Crossing to diverting west after crossing Ashley
Creek to the western boundary of Turner's property then extending northerly to
intersect with the Meridian Trail. The new trail shall be designed to ASHTO
Standard, have a minimum travel surface width of 10 feet and the grade shall not
exceed 5% as depicted in Attachment A.
3. Turner shall grade a parking area on the city's R/W along the north side of the
Meridian Trail at the Hoffert property beginning from the access road to the location
of the old railroad water well, using the existing railroad ballast as material. This
shall be completed by October 31, 2013. It will not be paved at this time. Rails to
Trails of Northwest Montana shall be responsible for all future upkeep and
maintenance of the parking area.
4. Turner shall grant a perpetual easement to the city along his access road from US
Highway 2 to the Meridian Trail intersection to allow pedestrians, bikes and vehicles
to access the new parking area. This shall be completed by October 31, 2013.
5. Turner may continue to maintain the access road only as he needs for his purposes,
but shall not be required to maintain the road for access to the parking area. There
may be no winter maintenance of the road unless Turner needs it for his purposes. If
Rails to Trails of NW Montana or the city wishes to do improvements to the road,
they may after receiving approval from Turner.
SECTION 2. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA.) THIS 21 ST DAY OF OCTOBER, 2013.
Tanuni Fisher
Mayor
ATTEST:
Theresa White
City Clerk