Ordinance 1583 - Zoning and PUD - The Meadowsr
Return to: 2007092,68:Oc7c
N�..
Theresa White
- r
Kalispell City Clerk � J 4�j
Po Box 1997i VA
Kalispell, MT 59903 AA D
ORDINANCE NO,15S3
.AN ORDINANCE TO AMEND SECTION 27,02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE No. 1460), BY ZONING CERTAIN
cr REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 4 LOCATED IN
V) SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
C6 MONTANA (PREVIOUSLY ZONED COUNTY SAG-10, SUBURBAN AGRICULTURAL) TO
0 CITY R-4 FAMILY RESIDENTIAL),(TWO WITH A PLANNED UNIT DEVELOPMENT
OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, The Meadows, Inc., the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land be
zoned R-4, Two Family Residential, with a Planned Unit Development overlay on
approximately 14.65 acres of land, and
WHEREAS, the property is approximately 400 feet west of the intersection of Four Mile Drive and
North Haven Drive, and
WHEREAS, the petition of The Meadows, Inc., was the subject of a report compiled by the
Kalispell City Planning office, Staff Report #KPUD-06-04, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-4, Two Family Residential, with a Planned Unit
Development overlay, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on August S,
2006, and recommended that the initial zoning be City R-4, Two Family Residential
with a Planned Unit Development overlay, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Two Family Residential with a Planned Unit Development overlay, the
City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020
and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State
Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of the
Kalispell Planning Department as set forth in Staff Report No. KPUD-06-4.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (ordinance No. 1460) is hereby amended by designating the
property described above as R-4, Two Family Residential with a Planned Unit
Development overlay on approximately 14.65 acres.
SECTION II. The Planned Unit Development proposed by The Meadows, Inc. upon the real
property described above is hereby approved, subject to the following
conditions:
General Conditions:
1. That the development of the site shall be in substantial compliance with the following plans:
• PUD plan and phasing plan dated 7-3-06
• Building elevations submitted with application on 7-3-06
• Cross section view of buildings 3, 12, 10 and 18 submitted with application on 7-3-06
• Detailed landscape schematic plan for buildings 17, 18 and 19 dated 7-31µ06
• Detail retention area enclosure dated 7-31-06; and
materials and other specifications as Well as any additional conditions associated with the PUD
as approved by the City Council.
2. Prior to issuance of a building permit each building within the development shall be
freestanding with regards to utilities and infrastructure being in place or bonded for to serve
the individual building. Bonding for utilities and infrastructure shall not exceed 35% for the
individual building.
3. Prior to the issuance of a certificate of occupancy for each building all infrastructure and
landscaping immediately adjacent to the building shall be in place to serve the individual unit.
The infrastructure shall be certified by an engineer licensed in the State of Montana and where
appropriate accepted by the City of Kalispell.
4. The clubhouse, trail system and putting green shall be completed as part of Phase I of the
development. The clubhouse shall be approximately 4,000 square feet and provide for an
indoor assembly area and recreational activities as indicated on the application materials.
5. Prior to issuance of a building permit for buildings 8, 17, 18 and 19 a cross section shall be
provided to the planning department showing the maximum building height to not exceed a
height of 2-5 21 feet as measured from the southern property boundary immediately adjacent to
the individual building sites..
0 co')�6. The development is permitted ontl'lUOmonument sign made of stone and wood
elements used in the design of the buildings. The sign shall be located in the vicinity of the
main entrance of the development. Prior to installing the sign, it shall be reviewed and
approved by the Kalispell Architectural Review Committee.
7. Street lighting shall be located within the development and shall have a full cutoff lens so that
it does not intrude unnecessarily onto adjoining properties.
S. Approval of the planned unit development shall be valid for a period of four years from the
date of approval.
Prior to issuance of any,buil.dinzp.ermit for Phase I:
9. New infrastructure required to serve the development shall be designed and constructed in
accordance with the City of K.alispell's Standards for Design and Construction and Montana
Public Works Standards; and shall be certified by an engineer licensed in the State of
Montana. All work shall be reviewed and approved 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, and sidewalks. In addition to the streets
within the development Four Mile Drive, as it fronts the development, shall be improved to
the City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards.
10. The developer shall submit to the Kalispell Public Works Department an engineered drainage
plan that meets the requirements of the current City standards for design and construction.
11. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure along Four Mile Drive and water and sewer lines located within the
development have been accepted by the City of Kalispell.
12. Easements for water and sewer lines shall be dedicated to the City of Kalispell and shown on
the approved utility plans. The easement widths shall meet the requirements of the Kalispell
Public Works Department.
13. The following requirements shall be met per the Kalispell Fire Department:
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.
14. The developer shall submit a copy of the traffic impact study to the Montana Department of
Transportation for a systems impact review. Any necessary improvements required from the
2007092 080Z
Montana Department of Transportation to mitigate impacts of the development on the highway
system shall be completed.
15. A final landscape design shall be submitted to the planning department and parks and
recreation department for review and approval.
16. The PUD plan shall be revised to show 5-foot wide sidewalks adjacent to the street fronting
buildings 6, 7, 8,17,18 and 19. The PUD plan shall also be revised to provide for a minimum
20-foot setback from the edge of the sidewalk to the garage door for all of the units. Note:
The implementation of these conditions may result in the loss of units within the PUD.
17. That covenants, conditions, and restrictions for the development shall be provided that include
a provision for the maintenance of the private roads within the development, notification of
snow removal of the sidewalks adjacent to the roads and sidewalk adjacent to Four Mile Drive
and include the maintenance and upkeep of the boulevard along Four Mile Drive.
18. The private roads within the development shall be named and signed in accordance with the
policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices
Manual and be subject to review and approval of the Kalispell Fire Department.
19. 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. The mail delivery site shall be
installed or bonded for prior to construction of buildings in Phase I. In addition, the mail
delivery site and improvements shall also be included in the plans to be reviewed by the Public
Works Department.
20. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
Op-going,conditions:
21. All utilities shall be installed underground.
22. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
23. Hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance
10-8.
24. The moperty owners shall waive their ri ht to protest a futurespecial improvement district for
the upgrade of Four Mile Drive.
2007092 080ac--)
25. A letter shall be re ared by,.City staff and si ened.by the Cit Council re uestiu the Montana
De artment of Trans ortation to study the intersection of Hijzhway.93 and Four Mile Drive to
determine the intersections adequacy to handle the increase in traffic from this development
and other developments proposed alon Four Mile Drive.
SECTION III, The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 1STH DAY OF SEPTEMBER, 2006.
F
Pamela B. Kennedi
Mayor
ATTEST:
Theresa White
City Clerk
Return to: 2007092 CSo�,v
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
DEVELOPMENT AGREEMENT
4-�
THIS AGREEMENT made as of the day of March, 2007, by The Meadows, Inc., a
Montana corporation, of 8 — ls` Street East, Kalispell, MT 59901, hereinafter "the Meadows",
and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana
599019 hereinafter CITY;
WITNESSETH
WHEREAS, the Meadows, LLC, S -- 0 Street East, Kalispell, MT 59901 is the fee owner of
certain real property located in Tract 4, Section 1, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana, which is further described in Exhibit A
annexed hereto and is hereinafter referred to as "Subject Property", and
WHEREAS, (i) the Subject Property has been rezoned from County Sag-10, Suburban
Agricultural) to City R-4 (Two Family Residential) Planned Unit Development
(PUD), mapped with certain improvements and developed pursuant to said zoning
change; (ii) the Meadows filed a PUD Application containing (a) a Zone Change
Application, (b) a PUD Narrative Supplement with Exhibits, (c) a Perimeter Legal
Description, and (d) a Title Report; and
WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements
within the "Subject Property, and prescribe the permitted uses, the parties hereto
determine it to be in their interests to enter into this Development Agreement.
I. GENERAL INTRODUCTION
1. The use and development of the Subject Property shall substantially conform to and
comply with the provisions of the PUD Application, and the drawings annexed to this
Development Agreement.
DEVELOPER'S AGREEMENT/THE MEADOWS
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2007092'o S'5c:-6
2. Except as specifically modified or superseded by this Development Agreement and the
annexed drawings, and the PUD Application, the laws, rules and regulations of the City
of Kalispell governing the use and development of land and buildings, including the City
of Kalispell Zoning Ordinance, shall apply to the Subject Property Drawings
3. The drawings annexed and the PUD Application, to this Development Agreement are an
integral and essential component thereof, and they are incorporated by reference herein.
4. The provisions of this Development Agreement shall become effective simultaneously
with the approval of the PUD Ordinance by the City Council of the City of Kalispell and
shall terminate upon the issuance of the last building permit(s) for the development on the
Subject Property. This Development Agreement may be modified or amended only as set
forth below.
5. Whenever in this Development Agreement a certificate by the Director of Public Works
is required to be given, such certificate shall be given within thirty (30) days of the
receipt of a completed application therefore. Such an application shall be deemed to be
complete upon receipt of such drawings and narrative information as are reasonably
necessary for the issuance of such certification.
II. GENERAL CONDITIONS
l . The development of the site shall be in substantial compliance with the following plans:
■ PUD plan and phasing plan dated 7-3-06
• Building elevations submitted with application on 7-3-06
• Cross section view of buildings 3, 12, 10 and 18 submitted with application on 7-3-06
• Detailed landscape schematic plan for buildings 17, 18 and 19 dated 7-31-06
• Detail retention area enclosure dated 7-31-06; and
• materials and other specifications as well as any additional conditions associated with
the PUD as approved by the City Council.
2. Prior to issuance of a building permit each building within the development shall be
freestanding with regards to utilities and infrastructure being in place or bonded for to
serve the individual building. Bonding for utilities and infrastructure shall not exceed
3 5 % for the individual building.
3. Prior to the issuance of a certificate of occupancy for each building all infrastructure and
landscaping immediately adjacent to the building shall be in place to serve the individual
unit. The infrastructure shall be certified by an engineer licensed in the State of Montana
and where appropriate accepted by the City of Kalispell.
4. The clubhouse, trail system and putting green shall be completed as part of Phase I of the
development. The clubhouse shall be approximately 4,000 square feet and provide for an
indoor assembly area and recreational activities as indicated on the application materials.
DEVELOPER'S AGREEMENT/THE MEADOWS
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2007092 018�
5. Prior to issuance of a building permit for buildings 8, 17, 18 and 19 a cross section shall
be provided to the planning department showing the maximum building height to not
exceed a height of 21 feet as measured from the southern property boundary immediately
adjacent to the individual building sites..
6. The development is permitted one 4' x 10' entry monument sign made of stone and wood
elements used in the design of the buildings. The sign shall be located in the vicinity of
the main entrance of the development. Prior to installing the sign, it shall be reviewed
and approved by the Kalispell Architectural Review Committee.
7. Street lighting shall be located within the development and shall have a full cutoff lens so
that it does not intrude unnecessarily onto adjoining properties.
8. Approval of the planned unit development shall be valid for a period of four years from
the date of approval.
Prior to issuance of aLiy buildinm pgrmit for Phase 1:
9. New infrastructure required to serve the development shall be designed and constructed
in accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards; and shall be certified by an engineer licensed in the
State of Montana. All work shall be reviewed and approved 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, and sidewalks. In addition
to the streets within the development Four Mile Drive, as it fronts the development, shall
be improved to the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards.
10. The developer shall submit to the Kalispell Public Works Department an engineered
drainage plan that meets the requirements of the current City standards for design and
construction.
11. A letter from the Kalispell Public Works Department shall be submitted stating that all
new infrastructure along Four Mile Drive and water and sewer lines located within the
development have been accepted by the City of Kalispell.
12. Easements for water and sewer lines shall be dedicated to the City of Kalispell and shown
on the approved utility plans. The easement widths shall meet the requirements of the
Kalispell Public Works Department.
13. The following requirements shall be met per the Kalispell Fire Department:
(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.
DEVELOPER'S AGREEMENT/THE MEADOWS
Page 3 of 8
2007092 080 �;a
(b) Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
(c) Fire Department access shall be provided in accordance with International Fire Code
(2003) Chapter 5.
14. The developer shall submit a copy of the traffic impact study to the Montana Department
of Transportation for a systems impact review. Any necessary improvements required
from the Montana Department of Transportation to mitigate impacts of the development
on the highway system shall be completed.
15. A final landscape design shall be submitted to the planning department and parks and
recreation department for review and approval.
16. The PUD plan shall be revised to show 5-foot wide sidewalks adjacent to the street
fronting buildings 6, 7, 8, 17, 18 and 19. The PUD plan shall also be revised to provide
for a minimum 20-foot setback from the edge of the sidewalk to the garage door for all of
the units. Note: The implementation of these conditions may result in the loss of units
within the PUD.
17. That covenants, conditions, and restrictions for the development shall be provided that
include a provision for the maintenance of the private roads within the development,
notification of snow removal of the sidewalks adjacent to the roads and sidewalk adjacent
to Four Mile Drive and include the maintenance and upkeep of the boulevard along Four
Mile Drive.
18. The private roads within the development shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic Control
Devices Manual and be subject to review and approval of the Kalispell Fire Department.
19. 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. The mail delivery site
shall be installed or bonded for prior to construction of buildings in Phase I. In addition,
the mail delivery site and improvements shall also be included in the plans to be reviewed
by the Public Works Department.
Ongoing Conditions:
20. All utilities shall be installed underground.
21. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
22. Hazardous weed abatement shall be provided in accordance with City of Kalispell
Ordinance 10-8.
DEVELOPER'S AGREEMENT/THE MEADOWS
Page 4 of 8
2007092 080�L0
23. The property owners shall waive their right to protest a future special improvement
district for the upgrade of Four Mile Drive.
III. AMENDMENT OR MODIFICATIONS OF
DEVELOPMENT AGREEMENT
1. This Development Agreement may be amended or modified only, by application of the
owner, in accordance with the procedures set forth herein.
2. Application for amendment or modification may be made, to the City of Kalispell Site
Review Committee, by the fee owner of the Subject Property.
3. Modifications of this Development Agreement which are determined by the Site Review
Committee to be minor modifications shall require only the consent of the Site Review
Committee, and shall not require the consent or approval of the City Council or any other
public agency. All amendments and modifications to this Development Agreement other
than minor modifications shall require the approval of the City Council of the City of
Kalispell.
4. (a) All applications for modification or amendment of this Development Agreement shall
be filed with the Site Review Committee and the Site Review Committee shall promptly
determine whether the modification is minor or major.
(b) The Site Review Committee shall make its determination with respect to any
application for a minor modification subject to this Section within fifteen (15) days after
it determines the application to be subject to said minor modification.
(c) If the amendment or modification requested is of such a nature as to require approval
of the City Council, the Site Review Committee shall refer the matter to the City Council
within fifteen (15) days after it determines the matter requires Council review.
(d) The owner may appeal any decision of the Site Review Committee to the City
Council, who may affirm, reverse or modify the Site Review Committee decision.
IV. MISCELLANEOUS
I . This Agreement shall be effective on the date the ordinance approving the Meadows
Planned Unit Development was adopted and shall remain in full force and effect until
four years thereafter.
2. In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or
determined to be invalid or unlawful by a court of competent jurisdiction, such provision
shall be severable and the remainder of this Agreement shall continue to be of full force
and effect.
DEVELOPER'S AGREEMENT/THE MEADOWS
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20070902 080ad
3. This Agreement shall be recorded along with any CCNR's recorded with respect to the
Subject property.
4. This Agreement constitutes the entire agreement between the parties and may only be
amended as set forth herein. In the event, during the term of this Agreement, there is a
variance between the provisions of this Agreement and any CCNR's, filed with respect to
the development, this Agreement shall take precedence.
5. This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
Dated this day of March, 2007.
THE MEADOWS, INC.
BY -
President
CITY OF KALISPELL
Ju6s H. Patrick, City Manager
STATE OF MONTANA )
):ss
County of Flathead )
On this � day of March, 2007, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared 220,w $, r, the corporation that executed the
foregoing instrument, and the person who executed said instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Notary Public, a LofMont na
Residing at
My Commission Expires 3
DEVELOPER'S AGREEMENT/THE MEADOWS
Page 6 of 8
2007092 018CDol-o
STATE OF MONTANA )
)..Ss
County of Flathead )
On this ` day of March, 2007, before me, a Notary Public in and for the State of
Montana, personally appeared James H. Patrick, known to me to be the City Manager of the City
of Kalispell, a municipality, that executed the within instrument, and acknowledged that such
City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of
said municipality, for the uses and purposes therein set forth, and that he was duly authorized to
execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Q�A�1 Notary Public, State of Mon ana
Residing at
SB
,, My Commission Expires 00
r• •
•
DEVELOPER'S AGREEMENT/THE MEADOWS
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2007092, 08 04;1.0
EXHIBIT "A"
A tract of land, situated, lying, and being in Government Lot 2 of Section 1, Township 28 Forth,
Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the NW corner of said Government Lot 2 of Section 1; thence
South 00°53' West, and along the Westerly boundary line of said Lot 2, a distance of 30.00 feet
to a point on the Southerly boundary line of a county road and the True Point of Beginning of the
tract of land being described; thence
East and along the Southerly boundary line of said county road, a distance of 995.20 feet to a
point; thence
South 01'13' West, a distance of 646.40 feet to a point; thence
North 89°49'30" West, a distance of 991.40 feet to a point on the Westerly boundary line of said
Lot 2; thence
North 00°53' East, and along the Westerly boundary line of said Lot 2, a distance of 643.30 feet
to the Point of Beginning.
DEVELOPER'S AGREEMENUTHE MEADOWS
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