12/11/07 Planning Staff Report as Amended by Planning Board FindingsWOLFORD DEVELOPMENT MONTANA, LLC
REQUEST FOR INITIAL ZONING OF R-39 R-49 B-1, AND B-3 UPON ANNEXATION
REPORT #KA-07-17
REQUEST FOR A PLANNED UNIT DEVELOPMENT
REPORT #KPUD-07-6
REQUEST FOR GLACIER TOWN CENTER SUBDIVISION PHASE 1
REPORT #KPP-07-12
KALISPELL PLANNING BOARD FINDINGS
DECEMBER 11, 2007
A report to the Kalispell City Council regarding the request for four initial zoning
designations of R-3 (Urban Single Family Residential), R-4 (Two Family Residential), B-
1(Neighborhood Buffer District), and B-3(Community Business) upon annexation to the
City of Kalispell, two Planned Unit Development (PUD) overlay zoning districts are part
of the request and would allow 282 single family residential lots, 150 townhouse lots
and 200 apartment/condominium units, approximately 1.8 million square feet of
commercial/office space and 72.3 acres of parks and open space on 485.5 acres. The
developer is also seeking approval of the preliminary plat for the first phase of a eve
phase development planned for the entire 485.5 acres. The first phase will consist of
191.E acres divided into 37 lots, 36 of which are commercial lots and one lot for a
future community center site. The lot sizes range from 1 acre to 39 acres.
The 485.5 acre project site spans the distance between Highway 93 North and
Whitefish Stage Road. The property is generally bounded by Glacier Memorial
Gardens cemetery, the Stillwater River, West Reserve Drive and Semitool along its
southern boundary, Highway 93 North along its western boundary, Whitefish Stage
Road along its eastern boundary and a combination of land owned or within the state,
city, and county along its northern boundary. The property is located within portions
of Sections 19 and 30 of Township 29 North, Range 21 West, Principle Meridian,
Flathead County, Montana. A public hearing was scheduled before the planning
board for November 27, 2007, beginning at 7:00 PM in the 2nd Floor Conference Room
of the Earl Bennett Building (Flathead City -County Health Department) 1035 First
Avenue West. The planning board did forward this set of findings and recommendation
to the Kalispell City Council for final action.
BACKGROUND INFORMATION:
The 485.5 acre project is located within an unincorporated area of Flathead County with
land within the city of Kalispell both to the north and south of the project site. The
project site has been used primarily for farmland and other than irrigation equipment, is
undeveloped.
In 2003 the Flathead County Commissioners rezoned a 274 acre portion of the 485.5
acre project site from residential and suburban residential zoning to B-2 (General
Business) zoning district. In 2006 the city of Kalispell amended its growth policy future
land use map to extend approximately 2 1/2 miles north from the current city limit
boundaries along Highway 93 North at West Reserve Drive. As part of the map
amendment the council also amended the Kalispell Growth Policy to include the Highway
93 North Growth Policy Amendment. This amendment to the Kalispell Growth Policy
provides goals and polices for future development along Highway 93 North including the
485.5 acre project site.
This report will address all three requests: initial zoning, planned unit development
overlay district and preliminary plat, which the developers are seeking on the property.
Each request will be reviewed with a recommendation and unified set of conditions at the
end of the report on page 49. 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:
Wolford Development Montana, LLC
1200 Mountain Creek Road, Suite 102
Chattanooga, TN 34715
(423) 874-0811
CTA Architects Engineers
1143 Stoneridge Drive
Bozeman, MT 59718
B. Location and Legal Description of Property: The 485.5 acre project site is
located above West Reserve Drive and spans the distance between Highway 93
North and Whitefish Stage Road. The project site is generally bounded by Glacier
Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive and
Semitool along its southern boundary, Highway 93 North along it's western
boundary, Whitefish Stage Road along it's eastern boundary and a combination of
state owned land and lands within the city and county along it's northern
boundary. The 485.5 acre project site includes assessor's tracts 2C, 2D, 6A, 1, 3,
4, 1B, 1C, 1CA, lE, 17, 1G, 2C, 2CA and is located within portions of Sections 19
and 30 of Township 29 North, Range 21 West, Principle Meridian, Flathead
County, Montana.
C. Existing Land Use and Zoning: The property is currently in the County zoning
jurisdiction and is zoned a combination of B-2 (General Business), SAG-10
(Suburban Agricultural), SAG-5 (Suburban Agricultural), and R-1 (Suburban
Residential). A description of these county zones are provided below for your
reference.
The purpose of the county B-2 zoning district is to provide for those retail sales
and service functions and operations that are typically characterized by outdoor
display, storage, and/or sale of merchandise, automotive repair and recreational
activities. This district is also intended to serve the general needs of the tourist
and traveler.
The purpose of the SAG-10 and SAG-5 zoning districts are to provide and preserve
agricultural functions and to provide a buffer between urban and unlimited
agricultural uses. These zoning district also provides a separation of urban and
unlimited agricultural uses in order to minimize conflicts, and to provide areas of
estate -type residential development.
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The purpose of the R-1 zoning district is to provide estate -type development. The
R-1 zoning district is generally located in rural areas away from concentrated
urban development, typically not served by water or sewer service, or in areas
where it is desirable to permit only low -density development (e.g., extreme
topography, areas adjacent to floodplains, airport runway alignment extensions) .
The existing land use in the area generally mimics the above rural and agricultural
zoning districts. The property is currently used for agricultural production and
the only improvements to the site are related to irrigation. The Bonneville Power
Authority (BPA) has an easement with high voltage power lines bisecting the
southwest corner of the site.
D. Adjacent Land Uses and Zoning:
North: Unimproved land; City R-2 and County SAG-10 zoning
West: National Guard facility, Montana Department of Transportation
facility, Glacier Memorial Gardens Cemetery, auto dealership; County
B-2 and SAG- 10, City B-2 zoning
South: Residential; County R-1 zoning.
East: Semitool, church, rural residential development; County SAG-10, R-1,
and AG-80 zoning
E. General Land Use Character: The area can be described as largely rural for land
to the north and east. Existing residential and commercial developments are located
south of the site with a 100 acre residential site recently annexed lying immediately
north of the project area. This area north of Kalispell is rapidly changing from
agricultural lands and rural residential development to a more urban scale setting
with extensive commercial businesses located within one mile south of the project
site. The city has already annexed three separate tracts of land with one of the
annexations, Silverbrook, already breaking ground on the first phase of a two phase
residential/commercial development.
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:
Kalispell School District
Fire:
Kalispell Fire Department
Police:
City of Kalispell
G. Overall Project Description:
The developer is requesting to annex the 485.5 acre project site into the city of
Kalispell with four zoning districts placed on the project site; B-3, B-1, R-4, and R-
3. Accompanying the annexation and initial zoning application is a request for two
planned unit development (PUD) overlay zoning districts. A commercial PUD with
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the underlying zoning district of B-3 and a mixed residential/commercial PUD
with the underlying zoning districts of B-1, R-4, and R-3 .
The application states that it is the developer's intent to develop a commercial and
residential community within Kalispell. This community includes community
commercial, single family, townhomes, multi -family, neighborhood commercial,
open space, trails and other amenities. The application states the goal of the
development is to "create a community that functions much like a Town Center,
offering living, working and commercial -oriented activities in one close location, in
the beautiful setting of the Flathead Valley."
The developer has provided a conceptual site plan with the PUD application that
provides the general land uses throughout the 485.5 acre project site. These
include 282 single family residences, 150 townhomes and 200 apartment or
condominium units. The commercial aspect of the project includes a lifestyle
center which, according to the application, is intended to be an outdoor and
pedestrian friendly shopping district with anchor stores as opposed to a traditional
enclosed mall. The lifestyle center is surrounded by over two dozen out parcels
also anticipated for commercial uses. A separate power center is located to the
south of the proposed lifestyle center. In all the developer is proposing a total of
approximately 1.8 million square feet of commercial and office space.
As part of the project proposal the development includes 72.3 acres of parks and
open space. A central park will separate the larger commercial areas from smaller
office buildings, apartments and single family residences located on the eastern
half of the project site. Buffers will be located along the proj ect's boundaries with
a significant amount of open space adjacent to the Stillwater River.
The overall development of the 485.5 acre project site is proposed in five separate
phases. Phase 1 will be constructed following preliminary plat approval and
includes development of the primary commercial portion of the project (lifestyle
center and surrounding out parcels). The remaining phases will be begin
construction as follows:
• Phase 2 -begin construction in 2010 and continue through 2013
• Phase 3 -begin construction in 2014 and continue through 2015
• Phase 4 -begin construction in 2016 and continue through 2017
• Phase 5 -begin construction in 2018 and continue through 2020
Phases 2, 3, 4, and 5 will all include a mix of commercial, residential, and open
space within each phase.
I. EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONINGS OF
B-39 B-19 R-39 R-4 AND PROPOSED 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 76-2-304, M.C.A. and Section 27.30.020, Kalispell Zoning
Ordinance. Note that the applicants are requesting four initial zoning districts
with a PUD overlay for the entire project site. The proposed PUD overlay requests
allowing a regional shopping center, zero lot lines, additional height for key
n
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buildings and parking lot lighting among other deviations within the B-3 zoning
district. Within the residential zoning districts of R-3 and R-4 the proposed PUD
overlay requests exceptions to block lengths, setbacks and permitting row housing
within the R-4 zoning district.
Does the requested zone comply with the growth policy?
On August 8, 2006 the Kalispell City Council amended the Kalispell Growth Policy
and the Kalispell Growth Policy Future Land Use map and designated the 485.5 acre
project site as an Urban Mixed Use Area. This area is shown on the Kalispell Growth
Policy Future Land Use map as KN-1. The city council also added a section in the
Kalispell Growth Policy titled Highway 93 North Growth Policy Amendment.
Policy 7 of Chapter 4 of the Kalispell Growth Policy provides the following guidance
for the Urban Mixed Use Area:
a. Encourages the development of compact, centrally located service and employment
areas that provide easy connections between existing commercial and residential
neighborhoods.
f. The Urban Mixed Use Area is also intended to allow a compatible mix of higher -
intensity uses including office as well as some commercial and light industrial;
medium and high density residential and public facilities.
Exhibit E in the application provides a visual depiction of the zoning district
boundaries within the project site. Approximately 322 acres of the 485.5 acre site is
proposed for the B-3 zoning district. Within this area, the developer is proposing
various large and small scale commercial and office complexes and multi -family
buildings. Section 27.15.010 of the Kalispell Zoning Ordinance states that the
intent of the B-3 zoning district is to provide areas for the development of
community shopping areas and other retail service centers. The B-3 zoning district
permits a mix of both commercial, office and residential (single family, townhomes,
and apartment/ condominium buildings) and can be found to comply with the intent
of the Urban Mixed Use Area land designation on the site.
The proposed R-3 and R-4 zoning districts are intended to provide for urban scale
residential development. The developer is proposing these zoning districts to the
north and east of the B-3 zoned area to provide for an additional residential
component within the larger project site. The R-3 zoning also provides an
appropriate transition from the project site to properties immediately north. The
properties to the north are designated Suburban Residential on the Kalispell Growth
Policy Future Land Use map. The Suburban Residential land use designation is
primarily for single family residences with a density of up to 4 dwelling units per acre.
The R-3 in this project would accommodate single family residences on relatively
larger lots.
The proposed B-1 (Neighborhood Buffer
northeast portion of the project site at
Whitefish Stage Road. The B-1 zonin;
residential and commercial development
much more limited scale. Policy 4 c
District) zoning district is located in the
the future corner of Rose Crossing and
district also permits a combination of
but the commercial development is at a
the Highway 93 North Growth Policy
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Amendment states, "Neighborhood commercial should be used as a means to buffer
key intersections and to meet immediate local needs, not to serve as a destination
shopping area." The proposed B-1 zoning is located at a future intersection,
provides a buffer to the residential uses to the west, and is a zoning district intended
to meet the needs of persons living in the immediate area. For these reasons the
proposed B-1 can be found to comply with Policy 4 of the Highway 93 North Growth
Policy Amendment.
The proposed zoning districts of B-3, B-1, R-3, and R-4 are consistent with Goal 2 of
the Highway 93 North Growth Policy Amendment contained in the Kalispell Growth
Policy. Goal 2 states, "The development of an integrated residential/ commercial
neighborhood (Designated KN-1 on the Growth Policy Map) between US 93-Reserve
Drive and Whitefish Stage." The proposed zoning districts would provide a
neighborhood with a mix of both residential and commercial land uses.
Policy 3 of Goal 2 of the Highway 93 North Growth Policy Amendment provides the
following land use breakdown of the KN-1 area:
3. Development in this 600 acre site would typically be:
a. Up to 45% general commercial (270 acres)
b. Up to 25% urban mixed use area (150 acres)
c. Up to 20% in various residential configurations (120 acres)
d. 10% open space uses (60 acres)
The zoning districts requested on the 485.5 acre site include the B-3, B-1, R-3, and
R-4 zoning districts. A total of 322 acres would be included in the B-3 zoning. The
B-3 allows for general commercial and mixed uses including office complexes and
multi -family buildings. The B-3 comprises approximately 66% of the site, the R-3,
R-4, and B-1 include approximately 19% of the site and the open space includes
approximately 15% of the site. The proposed zoning districts are within the
development guidelines found in policy 3.
The proposed PUD overlay zoning district is consistent with Policy 5 of Goal 2 of the
Highway 93 North Growth Policy Amendment. Policy 5 states, "Development within
the KN-1 area will be required to be presented to the Planning Board and the City
Council in the form of a Planned Unit Development so that the impacts of this
development can be planned for and if necessary mitigated through improved
design."
Policy 8 of Chapter 6, The Economy, of the Kalispell Growth Policy states, "Support
the Kalispell area's position as a regional commercial center and a location of major
health care, government, industrial facilities and retail services." The proposed B-3
zoning would accommodate a large scale commercial development that would serve
the greater Flathead Valley. There have been concerns of how such a large
commercial center on the north end of Kalispell would affect downtown businesses.
In 2005 the city received a report produced by HyettPalma, Inc. titled Kalispell
Downtown Action Agenda 2005. The purpose of the report was to provide an
enhancement strategy to further strengthen downtown Kalispell. Page 32 of the
report addresses the potential impact a new mall would have on the downtown. The
report states, "...it is understood that a potential new mall may be developed in
Flathead County within the near future. The introduction of the mall could
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potentially expand the community's trade area to the extent that gross revenue
potential may increase for Downtown, or decrease depending on the draw of newer
commercial venues. The introduction of a new mall, in HyettPalma's opinion, would
likely continue to distinguish Downtown's older commercial space from newer
offerings, resulting in a potential amplification of demand for Downtown retail space
as an alternative to the newer space."
Based on the above cited goals and policies in the Kalispell Growth Policy, the
requested zoning districts can be found to comply with the proposed land use
designation of Urban Mixed Use and the growth policy.
2. Is the requested 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 conducted a traffic impact study that
provides possible measures to mitigate the increase in traffic the development
proposal would 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 staff report.
3. Will the requested zone secure safety from fire, 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 property and
will be utilized at the time another lot is created in the future.
4. Will the requested 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 commercial and housing in the community.
5. Will the requested zone provide for adequate light 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 a combination of commercial, office, and
residential development. The proposed zoning districts will limit the building
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coverage, height of buildings and the overall number of housing units which would
be permitted within the project site. This in turn will limit the number of people
able to occupy or live on the project 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 and the
proposed zoning districts lacked building and density standards.
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.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, 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, sewer, 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 and the
city has adopted impact fees for water, sewer, storm water, and fire and police
departments to offset these future impacts.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The 485.5 acre site is fairly level throughout with two small hills, one located
centrally and the other along the western boundary of the project site. A portion of
the southwest corner of the project site is adjacent to the Stillwater River. In the
northeast portion of the project site high ground water is present. The noted
topography, river and high ground water locations would not negatively impact the
proposed zoning district on the property. The developer has included one of the
small hills as part of the future park within the site and setbacks are proposed along
the Stillwater River. Development on the high ground water areas will be mitigated
through the PUD and future subdivisions in this area. Therefore, the requested
zoning districts give due consideration to the particular suitability of the property for
particular uses.
10. Does the requested zone give reasonable consideration to the character of the
district?
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The general character of the area is a mixture of commercial to the south and
residential and agricultural tracts to the north and east. West of the project site are
residences with a cemetery between the project site and Highway 93 North. The
proposed zoning allows this development to address needs within the community for
commercial/office land and a mix of housing 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. commercial and 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 municipality?
The requested B-3, B-1, R-3, R-4 and PUD zoning districts would allow a mix of
residential and commercial uses on the 485.5 acre project site. Residential and
accompanying commercial development is encouraged in areas where services and
facilities are available or can be extended to serve such development such as the
development being proposed in conjunction with the annexation, initial zoning and
PUD request. The proposed zoning districts are also consistent with the Kalispell
Growth Policy and Kalispell Growth Policy Future Land Use map.
II. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Project Narrative: This is a request for a Planned Unit Development (PUD) zoning
overlay on the 485.5 acre project site. The property is currently in the
unincorporated area of Flathead County and is zoned B-2 (General Business), SAG-10
(Suburban Agricultural) SAG-5 (Suburban Agricultural), and R-1 (Suburban
Residential). The developers have requested annexation into the City of Kalispell with
the initial zonings of B-3, B-1, R-3, and R-4. The PUD will be known as the Glacier
Town Center 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 Glacier
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Town Center PUD as stated in the PUD narrative contained in the application is to
create a community that functions much like a Town Center, offering living, working
and commercial -oriented activities in one close location, in the beautiful setting of
the Flathead Valley.
The developer is requesting two separate PUD's as part of the project proposal, a B-3
commercial PUD and a mix residential/ commercial PUD with the underlying zoning
districts of R-3, R-4, and B-1. The boundaries of the two different PUDs are shown
on Exhibit I of the application.
The residential portion of the project includes a variety of single family lot sizes
ranging from 6,000 square feet to 1/4 acre in size. A total of 282 single family
residential lots are proposed. In addition to the single family lots the developer is
proposing 150 townhouse lots and 200 apartment units to be located within the
commercial PUD portion of the project.
The commercial aspect of the project includes a lifestyle center surrounded by over
two dozen out parcels also anticipated for commercial uses. A separate power center
is located to the south of the proposed lifestyle center. Numerous other office and
apartment buildings are north of the future Rose Crossing connection between
Highway 93 North and Whitefish Stage Road and to the east of the central park. In
all, the developer is proposing a total of approximately 1.8 million square feet of
commercial and office space. 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.
Included in the PUD application was a request for relaxations from the Kalispell
Zoning Ordinance and the Kalispell Subdivision Regulations. Specifically, 11
relaxations were argued to be necessary to accommodate the mix of residential and
commercial uses on the site. The requested deviations are as follows:
1. Sidewalks: Kalispell Subdivision Regulations, Section 3.1 LA
2. Minimum building area on a lot: Kalispell Subdivision Regulations, Section 3.06 . E
3. Block length: Kalispell Subdivision Regulations, Section 3.07. B
4. Property development standards -setbacks: Kalispell Zoning Regulations, Section
27.06.040(3)
5. Permitted Uses within R-4 zoning district: Kalispell Zoning Regulations, Section
27.07.020(5)
6. Minimum lot area in the R-4 zoning district: Kalispell Zoning Regulations, Section
27.07.040(1)
7. Property development standards: Kalispell Zoning Regulations, Section
27.07.040(3)
8. Conditionally permitted uses in the B-3 zoning district: Kalispell Zoning
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Regulations, Section 27.15.030(13)
9. Property development standards in the B-3 zoning district: Kalispell Zoning
Regulations, Section 27.15.040(3)
lO.Maximum building height in the B-3 zoning district: Kalispell Zoning Regulations,
Section 27.15.040(4)
11. Outdoor lighting standards: Kalispell Zoning Regulations, Section 27.22.104
Criteria for the creation of a Planned Unit Development (PUD) District
The following information and evaluation criteria are from Section 27.21.020(2), of the
Kalispell Zoning Ordinance. The intent of the PUD 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 Application Based Upon PUD Evaluation Criteria: The zoning regulations
require that the planning board 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 11 relaxations from the zoning and
subdivision regulations. Below are the 11 relaxations requested with the consultants
reasoning on why such departures are deemed to be in the public interest. Planning staff
has provided its comments in italics.
1. Kalispell Subdivision Regulations, Section 3.11.A (Sidewalks)
This section of the code requires sidewalks to be provided in all residential and
commercial subdivisions. Section 3.11.B of the subdivision regulations states that
sidewalks shall be required on both sides of the street. The developer is
requesting sidewalks not be provided on both sides of the street along certain
streets or street segments. The developer has provided a list of the street or street
sections which would or would not have a sidewalk on page 16 of chapter IV of the
Glacier Town Center application.
The application states that the relaxation request from the sidewalk requirement is
based on an understanding of traffic circulation patterns in lifestyle centers, and
an overall lack of a need for pedestrian circulation in certain areas as identified on
the road cross -sections submitted with the application. The application goes on to
say that, "requiring the applicant to utilize sidewalks in these areas would produce
undue financial expense by the developer on something that would rarely, if ever,
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be used."
The planning staff as well as the public works staff are recommending streets within
the project site be designed with sidewalks in accordance with city standards with
certain deviations permitted as discussed within this section. The developer has
proposed sidewalks or bike paths along a majority of internal streets, within the
proposed central park and the open space areas along the perimeter of the project.
Although the developer is requesting this relaxation staff does not agree with the
reasons provided in the application.
Staffs concern is the mobility of pedestrians within and around the lifestyle center
and adjacent commercial lands. The subdivision regulations are clear that sidewalks
shall be located on both sides of the street in either residential or commercial
subdivisions.
Chapter 8, Goal 2 of the Kalispell Growth Policy 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."
Chapter 11, Policy 3 of the Kalispell Growth Policy states, "Require all new
subdivision roads in the city to be constructed to City standards and do not allow the
creation of private, substandard roads."
Based on the above cited goal and policy staff is recommending the following
changes to the proposed road designs shown in Exhibit F-Roads of the development
application:
• Road Section A -provide an 8-foot bike path with a minimum 10 foot boulevard
along the western side of the road. The bike path shall connect with the path
shown along Many Glacier Road on the PUD site plan and extend south to the
southern edge of the BPA easement.
• Road Section C - provide a 5-foot sidewalk on both sides of the roadway. The
sidewalk shall be located to the outside edges of the right-of-way providing a
minimum 10 foot boulevard.
• Road Section D -provide a 5-foot sidewalk along the outside edge of the roadway.
A minimum 5-foot boulevard shall be provided.
• Road Section F - provide a 5-foot sidewalk on both side of the roadway with a
minimum boulevard width of 5 feet. Note: The southern most access into the
subdivision from Highway 93 North shall have an 8-foot bike path in lieu of a
sidewalk on the south side of the roadway to connect with the bike path shown on
the PUD site plan.
• Road Section K -provide a 5-foot sidewalk along the southern edge of the right-of-
way along the street frontage of lot 32.
• All road sections shall locate the sidewalk or bike path within 1 foot of the right-of-
way boundary.
12
Staff is supporting a shared sidewalk/bike path that is located within the central
park shown on the PUD site plan between a portion of Two Medicine Road on the
west side of the park and the unnamed roadway on the east side of the park. Staff
agreed with the developer that this path would still provide pedestrians and bicyclists
with anorth/south connection within the project site with a greater separation from
the adjoining roadways.
2. Kalispell Subdivision Regulations, Section 3.06.E (Minimum building area on a lot)
The subdivision regulations require a minimum 40'x40' building area on each lot.
The application requests a relaxation to permit building area on lots to be below
the minimum 40'x40' area. The developer feels this will allow for a variety of unit
types to insure a mixture of housing across the property.
This relaxation is not needed. The 40'x40' area applies to residential lots however
the developer is proposing single family residential lots starting at 6, 000 square feet,
adequate fora 40'x40' area. The buildable area for townhouse lots is based on the
parent tract (the total area of the townhouse lots i.e. lots lA and 1B). The proposed
townhouse lots would meet or exceed this minimum lot area.
3. Kalispell Subdivision Regulations, Section 3.073 (Block length)
This section specifies that block lengths shall not be less than 300 feet nor more
than 1,200 feet. The application requests a relaxation to allow block lengths to
exceed the 1,200 feet and to allow blocks less than 300 feet. This request allows
for innovative design to insure an appropriate mix of residential and commercial
uses and adequate connections between those uses.
Excessively long blocks create neighborhoods that are not well connected for
convenient access by vehicles, pedestrian or emergency traffic. The Kalispell Growth
Policy, Chapter 8, 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 pedestrian and bike trail system
proposed, to date, there are still significant impediments to free flowing pedestrian
and vehicle movement between the project and potential future projects on the south,
east, and north sides of the project area. In order to comply with this goal of the
growth policy, roadways shall be provided at greater intervals of 500 feet along the
northern boundary with additional roads within the project site and road right-of-
ways provided for on the east and south boundaries of the project site. Staffs
recommended right-of-ways are as follows:
• Right-of-way intervals of 500 feet along the northern boundary of the project site
requiring a minimum of seven road right-of-ways.
• A minimum of one road right-of-way along the residential block adjacent to tracts
1 and 2 of Certificate of Survey 15221 to provide access to these properties
western boundary.
• Two road right-of-ways for assessor's tract 2BA. One road right-of-way should be
located on the western boundary and the other along the northern boundary for
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access onto the future Lake McDonald Road.
• A roadway connection between the residential portion of phase 3 and phase 4,
located north of Rose Crossing. A roadway connection would allow vehicular
traffic to move between the two neighborhoods and would provide some relief of
traffic on Rose Crossing.
• A minimum of three road right-of-ways to connect with the Semitool property
located to the east of phase 2 and south of phase 5. One of the roadway
connections would be located from Many Glacier Road east to the Semitool
property in the area of the BPA easement. The other two road right-of-ways
would be located between phase 5 and assessor's tracts 3E and 3A.
Further discussion with the developer and the planning board has revised the
number of access points on the northern boundary. Instead of the 7 connections staff
originally recommended, planning staff revised this to 6 right-of-ways using 2 per
quarter section along the 3 northerly quarter sections of the project site allowing an
average spacing of a street every 560-660 feet. The planning board felt this was
adequate and recommended 6 right-of-ways instead of seven to the city council.
The increased number of right-of-ways recommended by staff and the planning
board increase the number of options vehicular and pedestrian traffic have to move
from the project site to future development to the north, east and south. The PUD
plan currently has two connection points to the north which are located in what will
eventually be a residential neighborhood. Policy 4 of chapter 10, Transportation, in
the Kalispell Growth Policy states, "Discourage routing heavy traffic and through -
traffic in residential areas by creating a more thorough grid system when possible."
Planning staff does not see a problem with allowing blocks smaller than 300 feet as
they coincide with smaller lots located centrally within the project site.
4. Kalispell Zoning Regulations, Section 27.06.040(3) (Property development
standards -setbacks)
This section of the zoning ordinance requires front and rear yard setbacks in the
R-3 zoning district of 20 feet. The application requests the reduction of the rear
yard setback for the R-3 district from 20 feet to 10 feet. This performance standard
is intended to allow for a more efficient use of land through a traditional design
which emphasizes a front porch character for the single family residential area.
It is unclear how a reduction in the rear yard setbacks would provide for a more
efficient use of land through a traditional design which emphasizes a front porch
character for the single family residential area. However, a reduction to 10 feet is
currently allowed within the zoning ordinance for detached garages. Staff would only
require the 10 foot setback be for accessory uses such as garages and, on alley
loaded lots, the setback be taken from the alley right-of-way instead of the property
line. The developer has proposed private alleys where the lot boundary line would
be located at the center of the 20 foot wide alley right-of-way. By requiring the
setback from the right-of-way boundary there is greater separation of the garage and
alley allowing for improved traffic circulation within the alleys.
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5. Kalispell Zoning Regulations, Section 27.07.020(5) (Permitted Uses within R-4
zoning district)
The application requests the allowance for 3 or more attached housing unit. The
intent of this relaxation is to allow for a variety of housing types mixed through the
residential neighborhoods. The R-4 zoning district conditionally permits
townhouses with a configuration of 3 or more units.
Staff can support such a relaxation in the R-4 zoning district as it does provide for a
greater variety of housing within the neighborhood. The developer is providing over
70 acres of open space and parkland to accommodate the increased density this
would have within certain areas of the Glacier Town Center project site. Also, by
permitting 3 or more attached townhomes, the developer has the assurance that this
type of housing can be constructed upon final plat approval and not worry about
obtaining another use permit. Planning staff would however recommend 3 or more
townhouse units be located within the R-4 zoning district only and that such
townhouses be alley loaded.
6. Kalispell Zoning Regulations, Section 27.07.040(1) (Minimum lot area in the R-4
zoning district)
The R-4 zoning district requires a minimum lot area of 6,000 square feet. The
application requests the allowance of a smaller minimum lot area than the zoning
regulation permits. A minimum lot area of 4,250 square feet is requested for the
R-4 zoned areas within Glacier Town Center.
This relaxation is not needed. The 4,250 square foot lot areas apply to one single
townhouse lot, which the zoning ordinance identifies as a sublot. Two or more
sublots create a parent tract which is required to be a minimum of 6, 000 square feet.
With a minimum sublot area of 4,250 square feet., the parent tract would exceed the
minimum lot area requirement.
7. Kalispell Zoning Regulations, Section 27.07.040(3) (Property development
standards)
The R-4 zoning district has a minimum side yard setback of 5 feet from the
property boundary. Townhouses share a common property boundary. The
application requests the allowance of a 0' shared side yard for attached Town
Home units.
This relaxation is not needed. The zoning ordinance already provides for a zero foot
setback for townhouse units along the shared property boundary.
8. Kalispell Zoning Regulations, Section 27.15.030(13) (Conditionally permitted uses
in the B-3 zoning district)
The B-3 zoning district lists retail malls/community shopping centers as a
conditional use. The applicant requests a regional shopping center be a permitted
use within the B-3 zoning district. As described in the PUD submittal, the lifestyle
center is intended to be the primary component of the commercial portion of the
Glacier Town Center. The developer contends that the lifestyle center is intended
15
to provide an open air environment tailored to the pedestrian shopper. The intent
of the Community Business District is to provide for community shopping areas,
which is met by the design of the lifestyle center.
Staff can support allowing retail malls/community shopping centers as a permitted
use because the developer is also requesting a PUD. Through the PUD process the
public, planning board and city council have a say on how the project will look and
function much like a conditional use permit currently provides.
The application states that the lifestyle center is "intended to be an outdoor
pedestrian friendly shopping district with anchor stores as opposed to a traditional
enclosed mall." The amount of parking spaces within the lifestyle center appears to
contradict the intent of the center. This is not to say that parking should be prohibited
within the center, rather reduced in number. During the November 13th planning
board work session it was stated that the town center is proposed to emulate a
traditional downtown. On street parking is provided in Kalispell's downtown but is
limited in scope. Planning staff had recommended that the two center parking aisles
within the lifestyle center be removed and the sidewalks be widened to provide for a
more pedestrian friendly mall. This increase in sidewalks could provide for
restaurant or cafe seating on the sidewalk, kiosks, and increased pedestrian
amenities such as benches and fountains. The increase in sidewalk width coincides
with the increase in pedestrian activity in and around the center creating that "urban"
street interface the developer is seeking with the reduction in setbacks below.
However, upon further discussions with the developer, he has revised the lifestyle
center to provide more landscaping within the internal parking lot. At the planning
board's December 11 th meeting the planning board recommended the revised layout
design within the lifestyle center be approved.
The parking lots surrounding the lifestyle center and power center proposed in phase
2 vary in size from approximately '/ acre to over 7 acres in size. This parking is
necessary based on the current amount of required parking spaces within the zoning
ordinance. However, both the planning staff, park and recreation staff, and public
works staff would recommend pedestrian sidewalks with accompanying landscaping
be placed within the parking lots surrounding the lifestyle center and serving the
power center. The sidewalks would provide for safe pedestrian passage from a
parked car to the commercial stores. The sidewalks would also provide connectivity
between the sidewalks or bike paths along the streets, either public or private, into
the commercial centers. The recommended landscaping component would consist of
a combination of trees and bushes which would help to break up the vast amount of
asphalt.
The Kalispell Growth Policy, Chapter 8 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."
Figures 1 and 2 below show the existing parking lot at Wal-Mart, which is just outside
the city limits, and the parking lot serving Lowe's home improvement store within city
limits. The Wal-Mart parking lot is devoid of any type of landscaping and provides no
pedestrian sidewalks through the parking lot whereas Lowe's parking lot has both
16
landscaping and sidewalks. The landscaping and sidewalks provide safe pedestrian
connectivity through the parking lot and visually breaks up the large asphalt parking
lot. Staffs recommendation of sidewalks and accompanying landscaping within the
parking lots surrounding the lifestyle center and serving the power center should look
similar to the sidewalks and landscaping shown in Figure 2.
Figure # 1. The Wal-Mart parking lot located along US HWY 2 in Evergreen.
Figure #2. Pedestrian path and parking lot landscaping at Lowe's along US 93.
The proposed project is in a primarily rural setting and the development of this project
would help to establish the character of this area as the city continues to expand.
Question e of the PUD application requests the developer to explain the manner in
which services will be provided for the project such as pedestrian access. On page 9
of Chapter IV of the application the developer responded, in part, to this question as
follows, "Pedestrian sidewalks and trails have been designed throughout the
subdivision in order to promote exercise out-of-doors and connections to the different
17
land uses in the community." Here it appears that the developer is intending to create
a community character where pedestrians can both exercise and walk or run safely to
the different commercial or residential aspects of the project. This pedestrian system
diminishes once immediately outside the lifestyle center or the power center as the
pedestrian must walk through large parking lots to the store fronts or other retail
shops.
Based on Goal 2 regarding pedestrian safety, and the need to break up the large
parking lots with increased landscaping, the planning board recommended the
following condition be placed on the PUD:
• The developer shall provide the city with a pedestrian access plan for the entire
project site. Both trails and sidewalks shown on the PUD plan and as a condition
of approval shall be included in the plan.
1. For access through the parking lots serving the lifestyle center (phase 1) and
power center (phase 2) the access plan shall include a minimum 5-foot wide
walking path with accompanying landscaping every third parking row or 200
feet, whichever is less. Landscaping shall include predominantly living
material and include shade trees to be placed at such intensity and location as
to form a canopy where they cover or line sidewalks.
2. All sidewalks located within parking lots shall have a raised concrete surface
for separation from traffic and parking.
3. Pedestrian connections shall also be made to surrounding streets and the bike
path located along Highway 93 North. A minimum of three connections shall
be made from the bike path along Highway 93 North to the lifestyle center. A
minimum of two connections shall be made from the sidewalk along Rose
Crossing to the lifestyle center. Where sidewalks cross traffic lanes, either at
public or private streets or within the parking lot, the sidewalk may be at grade
but shall be constructed of colored or textured concrete, stone or other
contrasting material to visually denote a pedestrian way. Simply painting the
walk area is not adequate.
The plan would be reviewed and approved by the city's site review committee.
Based on further discussion with the developer and the planning board at the board's
December 11 th meeting, the planning board recommended increasing the landscaping
within the parking lots serving the lifestyle center and power center and removing the
requirement to have sidewalks within the parking lots. The planning board, based on
a revised recommendation by planning staff, recommended amending items 1 and 2
above as follows:
a. Linear row of landscaping material on average every 200-225 feet
(typically every 3-4 rows).
b. The landscaping feature will include a combination of trees, bushes and
flowers shall extend the length of the parking lot and shall be a minimum
of 10 feet wide.
In
c. 1-3 inch round river rock is not an approved landscape material.
d. The exterior row of parking lot islands shall be landscaped islands, not just
flat concrete slabs.
This recommended condition can be found under condition I.E of the PUD conditions.
9. Kalispell Zoning Regulations, Section 27.15.040(3) (Property development
standards in the B-3 zoning district)
The B-3 zoning district has the following minimum property line setbacks: 20 feet
for the front, 5 feet from the side, 10 feet from the rear, and 15 feet from the side
corner. The application is requesting the allowance of zero lot lines for buildings
within the B-3 District. The application states that the request is intended to
provide a more "urban" street interface with the store frontages and create a
streetscape that is pedestrian friendly and accessible for walking and shopping
comfortably. This relaxation would also allow the commercial lots to be situated
directly adjacent to key pedestrian plazas and gathering areas or open space.
Staff can support such a deviation within the lifestyle center, lots 1, 2, and 3 of block
I of phase 1 with the reduction in parking spaces as discussed above. Staff can also
support such a deviation for lots 23, 24, 25, 26, 27, and 28 of block.TV of phase 1. In
these areas the developer has indicted on the PUD site plan that the intent is to
provide for an urban scale commercial environment including pedestrian plazas or
gathering areas. Much of Kalispell's downtown does not have building setbacks from
property boundaries.
Chapter 8, Urban Design, Historic and Cultural Conservation, policy 5 of the Kalispell
Growth Policy supports such a reduction in setbacks. Policy 5 states, "Encourage the
design of urban public spaces such as local streets and public squares to be central
areas framed by buildings, creating a visual quality of partial enclosure." Based on
the character the developer is trying to create and the above cited policy, staff can
support such a relaxation from the zoning code.
lO.Kalispell Zoning Regulations, Section 27.15.040(4) (Maximum building height in
the B-3 zoning district)
The B-3 zoning district has a maximum height of 40 feet which can be increased
to 60 feet with a conditional use permit. The application requests the allowance of
up to 60 feet for architectural elements within the lifestyle center and in the
interior commercial portions of the project to allow for office and hotel/ motel uses
with multiple stories. The developer's intent is for the buildings in the lifestyle
center to be a maximum of 40 feet excluding architectural elements as requested
and roof mounted mechanical equipment. Outparcel buildings fronting onto
Highway 93 North will be restricted to 27 feet in height, mitigating any impacts to
adjacent roadways from building heights.
Staff can support allowing the increase in the maximum height to 60 feet as a
permitted use because the developer is also required to go through the PUD process.
Through the PUD process the public, planning board and city council has the ability to
comment and decide whether the maximum height of up to 60 feet is appropriate
19
through a series of public hearings. The PUD in this way functions much like the
conditional use permit process.
11. Kalispell Zoning Regulations, Section 27.22.104 (Outdoor lighting standards)
The zoning ordinance restricts lighting mounted on poles to a maximum height of
25 feet from grade to the top of the pole structure. The application requests up to
43 feet for fixture height of poles within the parking lots on the interior of the
lifestyle center ring road. The developer contends that with fewer 40-foot light
poles using 1000 watt luminaries less light reflectance is produced than using an
increased number of 25-foot light poles with 1000 watt luminaries. The developer
is requesting the 40-foot light poles because he feels an increase in 25-foot tall
poles would detract from the development. Also, an increased number of poles will
consume more energy.
Section 27.22.104 of the zoning ordinance is clear that lights mounted on poles shall
not be taller than the building located on the property or taller than 25 feet, whichever
is less. Since this section of the ordinance code was put into place numerous
commercial and residential developments have complied with the ordinance. The
developer has not provided a clear reason as to why this development among the
others that have been developed in the last several years should be given a waiver
from the pole height requirement. Staff is recommending this deviation from the
zoning ordinance not be approved.
The developer has requested eleven relaxations from the zoning ordinance and
subdivision regulations. However, three of the relaxations are not needed and the
other relaxations staff is supporting provide for greater housing diversity within
the project, better vehicular and pedestrian connectivity and provide for expanded
commercial development within the greater Flathead Valley.
2. The nature 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 plan;
The project site is 485.5 acres and the proposed Glacier Town Center PUD would provide
for a variety of commercial and residential housing types. A summary of the proposed
PUD provided in the application states the project site would be developed with 282
single-family residences, 350 multifamily units (200 apartments and 150 townhouses),
and 1,822,629 square feet of commercial/office space. The entire development will also
include 72.3 acres of parks and open space which includes 6.7 acres within the BPA's
power line easement.
In reviewing the proposed project the minimum required amount of parkland was
calculated at 0.03 acre per dwelling unit. With a maximum potential of 632 dwelling
units on the 485.5 acre project site the minimum parkland required by the subdivision
regulations equals 18.96 acres. The 18.96 acres will provide the basis for the amount
the subdivision regulations require and the amount proposed as part of the overall PUD.
It should be noted that section 3.193 B of the Kalispell subdivision regulations does not
require parkland for non-residential lots. Therefore, all of the proposed commercial lots
20
were not included in the parkland calculation.
The planning board and city council should also note that policy 3 under goal 2 of the
Highway 93 North Growth Policy Amendment requires the area designated as KN-1,
which includes the entire 485.5 acre project site, to include 10% of open space within
this area. The proposed project includes 72.3 acres of open space within which the
developer has proposed a large central park, small parks within the residential areas, a
perimeter of open space including trails and a significant amount of open space along the
Stillwater River corridor. The proposed 72.3 acres of open space exceeds the 10% open
space requirement of the above stated policy.
The developer has expressed concern with providing all 72.3 acres of open space and
parkland in a November 27th letter provided to the planning staff. The developer's is
concerned that the additional requests for additional transportation connections are
reducing the availability of land for development.
In a phone conference on November 29th, 2007, planning staff acknowledged the
additional requests for dedicated right-of-way to increase connectivity to adjacent
parcels. In acknowledgement of these requests, planning staff agreed to draft language
allowing some flexibility for the applicant to decrease overall parkland dedication
requirements if requests for public dedications in the form of roadways become
burdensome. At the planning board's December 11th meeting the planning board agreed
with staff's recommended changes. This is reflected in condition 5 of the PUD.
The parks and open space shown in the PUD plan are as follows:
• 17.6 acre park to be developed with trails, ponds, play equipment, and tennis courts
in phase 1.
• An area of approximately 7 acres in the southwest corner of phase 2 adjacent to the
Stillwater River.
• An approximately 2.7 acre park area to be developed in phase 4
• An approximately 2.3 acre park area to be developed in phase 5
• Along the projects boundaries the developer has proposed open spaces to include a
bike/pedestrian path.
The central park proposed within the PUD plan is a large park, approximately 17.6 acres,
divided into three parts. The park is joined on the northern end with an area of open
space including an existing shelter belt of trees and proposed pedestrian/bike trails.
This central park divides the project site into east and west halves, with areas to the west
of the park including more intense retail commercial such as the lifestyle center. Areas
to the east include small scale offices, retail, apartment units and residential lots.
The Kalispell City Council recently adopted a Parks and Recreation Comprehensive
Master Plan to help provide direction on where and what types of parks the city should
be developing as the city grows. Figure 7.1: Proposed Recreation Facilities, within the
maser plan provides for approximate locations of future community and neighborhood
parks as the city expands. The figure also indicates a neighborhood park (NP-6) is
needed in this area. A neighborhood park is defined as a combination playground/park
designed primarily for unsupervised, non -organized recreation activities. The park is
generally moderate in size (about 3-10 acres) and serves people living within
approximately 1/2 mile of the park. Facilities typically found in neighborhood parks
include playgrounds, picnic tables and benches, trails, open grass areas/informal play
21
areas and outdoor basketball courts.
The proposed central park and improvements plan meets the definition of a neighborhood
park and as such complies with the city's Parks and Recreation Comprehensive Master
Plan.
The Stillwater River is adjacent to a small portion of the project site in the southwest
corner. The PUD plan includes this area, approximately 7 acres in size, in the overall
parks and open space areas. This area would be dedicated to a public entity with the
second phase of the project. The Montana Department of Fish, Wildlife and Parks
commented on the proposed parkland and open space within the project. The
Department stated that an established river access at this location is presently needed.
The need stems from the use of the Stillwater River from recreational boaters, primarily
canoeists and kayakers, who float the Stillwater River down to Lawrence Park or Leisure
Island.
Fish, Wildlife, and Parks is recommending the 7 acre area be dedicated to a public entity
and improved for public access to the river. The improvements would include a road and
parking area outside of a 200 foot setback from the river, a pathway from the parking
area down to the river, and possibly a picnic area and restrooms. The letter concludes by
stating, "As the Flathead Valley becomes more populated, the demand for recreational
river access will continue to increase. New accesses are needed to meet this demand and
reduce further crowding of existing sites." The city's Parks and Recreation Department
agrees that more access points along the Stillwater River are needed and also recommend
this site become an access point.
The residential and commercial portions of the PUD would provide two park areas
approximately 2.7 acres and 2.3 acres as well as an integrated bike/pedestrian path
connecting the residential and commercial portions of the project. These two park areas
would be developed in conjunction with phases 4 and 5 as shown on the project phasing
plan. The Parks and Recreation Department is recommending the two park areas be
developed with amenities such as benches and playground equipment in addition to
irrigation and landscaping to create a park setting. Further review of the park will occur
upon preliminary plat submittal of phases 4 and 5.
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 and open
spaces proposed as part of this project can be considered to meet this policy.
As part of the overall PUD plan the developer has proposed a comprehensive trail
network throughout the site. The trails would be located within open space areas and
are primarily located along the project site's boundaries. The developer has provided
three open space buffer profiles which conceptually depict the landscaping and trail
location and width to be provided within the open space areas.
The Highway 93 North buffer profile provided shows a 100 foot wide landscaped buffer.
Within the buffer is a 12-foot wide bike trail located in the eastern half of the buffer area
with a combination of evergreen and deciduous trees along the bike path. Along
Whitefish Stage Road the buffer profile provided indicates a 50 foot wide buffer located
22
between the eastern edge of the residential lots and western edge of the road right-of-
way. Here the developer is proposing an 8-foot wide trail to accommodate pedestrians
and bicyclists with trees located between the trail and right-of-way line.
Policies 3.h and 3.i of goal 1 of the Highway 93 North Growth Policy Amendment provides
the following direction with regard to the buffer areas along Highway 93 North and
Whitefish Stage Road:
h. Where the adjacent gateway road speed is posted from 36 - 45 mph:
i. A minimum of 40 feet of landscaped buffer area should be provided.
ii. Street trees and berming should be incorporated into the landscaping.
iii. A pedestrian trail or sidewalk should be incorporated into the landscaped buffer
area.
i. Where the adjacent gateway road speed is posted above 45 mph:
i. A minimum 100 - 150 foot impact area should be provided for major entrances
and a 50 foot entrance for minor entrances.
ii. Within this impact area, a combination of berming, landscaping using live
materials and trees as well as grass, a pedestrian trail system, limited parking and
frontage roads should be incorporated.
The proposed buffer along Highway 93 North meets the minimum buffer requirements set
forth in policy 3.i. Planning staff would recommend that the landscaping be installed
similar to that found along Highway 93 North south of this project site fronting the
Spring Prairie Center. Figure 3 illustrates the existing landscaping provided along the
highway.
Figure #3. Landscaped buffer area for the Spring Prairie Center along US 93.
23
The proposed buffer along Whitefish Stage Road is wider (50 feet) than the minimum
required in the growth policy (40 feet). Planning staff would recommend that within this
50 foot buffer the developer be required to emulate an existing buffer along Whitefish
Stage, in this case the landscape buffer between Buffalo Stage subdivision and Whitefish
Stage Road shown in Figure 4. Between Buffalo Stage and Whitefish Stage Road the
developer incorporated berming into the buffer with the trail and landscaping. The
berming would not only help visually but provide a physical barrier between the rear
yards of the residential lots, which according the CCBvR's for the project would not have
fencing, from Whitefish Stage Road.
Figure #4. Large buffer area between Whitefish Stage Road and the interior roads of the
Buffalo Stage subdivision.
24
It is currently unknown whether the Montana Department of Transportation will be
requiring additional right-of-way dedications along Highway 93 North and Whitefish
Stage Road for road and intersection improvements. Therefore, in order to maintain the
buffer widths which currently comply with the growth policy staff would recommend the
buffer widths be maintained even if additional right-of-way is needed along Whitefish
Stage Road and Highway 93 North.
The profile for the buffer along the project boundary perimeter identifies an 8-foot wide
trail and landscaping. This profile is conceptual in that the PUD plan has the open space
along the perimeter of the project site varying from 20 feet to 100 feet or more. Planning
staffs only recommendation on this profile is to provide a minimum setback between the
trail and future buildings adjacent to the trail. Staff is recommending a minimum
setback of 20 feet from the edge of the trail.
The Parks and Recreation Department has recommended that the developer provide the
Department with a plan showing the pedestrian/bike path in greater detail and include
25
width and construction materials for the paths. Specifications for the pedestrian/bike
path construction will be determined by the Parks and Recreation Department and the
path would need to be installed prior to final plat approval of the respective phase of the
project.
With the above recommended conditions in place the proposed trail plan can be found to
comply with the following goal listed in the Kalispell Growth Policy, Chapter 9, Parks and
Recreation:
Goal 1
PROVIDE A BALANCED DISTRIBUTION AND DIVERSITY OF RECREATIONAL
FACILITIES AND PEDESTRIAN/BICYCLE PATHS THAT PROVIDES ACCESS FOR ALL
AGE GROUPS.
The Parks and Recreation Department would provide maintenance of the central park,
park/ open space along the Stillwater River, and the future park serving the residential
area of the project. All other open space areas will be maintained by a business or
homeowners association. 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 that the city would maintain.
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. A
full discussion of the water and sewer extension plans can be found in Appendix J of the
application. The plan calls for connecting water and sewer mains into a recently
installed 14" water main and 18" sewer main within the Highway 93 North right-of-way.
Phases 1 and 2 would connect to these main lines. Phase 3, 4, and 5 may need to either
connect to water and sewer lines along Whitefish Stage, if they are available, or utilize a
pump station and separate well to provide for water and sewer service to these phases.
The conceptual sewer plan found under Appendix J of the application indicates the need
for up to three lift stations depending on the future sewer line along Whitefish Stage
Road. These lift stations are shown in the park and open space areas of the project.
Although necessary, lift stations are typically not visually pleasing especially within a
park or open space setting. As a recommended condition of approval any future lift
stations on the site would need to be screened, either within a building or with the use of
fencing and landscaping. The building or screening plan would be reviewed and
approved by the Parks and Recreation Department as well as the Public Works
Department. This will help to maintain the aesthetic nature of the project and still
provide the necessary security of the lift station.
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 storm
water management report, Appendix K of the application, notes the entire site does not
drain to one specific area rather the site is divided with the western half draining to the
west towards the highway and Stillwater River. Areas in the eastern half of the site drain
to a low spot on the property and travel south of the project site.
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The storm water management report states the developer proposes to use low impact
development (LID) methods to collect, transport, store and treat excess runoff. LID
alternatives include bioretention cells, bioretention swales, and infiltration basins. The
storm water would be stored and infiltrated by means that may include water features,
surface retention, underground infiltration chambers and open swales. The ultimate
storm water management design would be reviewed and approved by the Public Works
Department. The proposed PUD plan does show several small ponds throughout the site
with two ponds located in the central park. The Parks and Recreation Department noted
that a storm water pond in the park may also have the potential to be used for the
Department's hooked on fishing program. However, final design of the storm water
management plan may or may not include the use of a pond large enough to
accommodate the hooked on fishing program.
The developer hired Krager and Associates, Inc. to conduct a traffic impact study for the
proposed project. A copy of the traffic impact study is included in Appendix L of the
application. The projected traffic for the first phase of the project which includes the
lifestyle center and surrounding commercial lots is anticipated to be 23,617 vehicle trips
over a 24 hour period. The total traffic generated by the project at full build out is
anticipated to be 75,309 vehicle trips over a 24 hour period. Peak hourly AM and PM
traffic volumes at full build out would be 2,385 and 6,763 respectively. The peak hourly
AM and PM traffic volumes include traffic both entering and exiting the site.
The mitigation measures suggested for the first phase of the project (the commercial lots
proposed in phase 1 of the subdivision) include, in part, the extension of Rose Crossing
from Whitefish Stage Road west to Highway 93 North. The new intersection of Rose
Crossing and Highway 93 North would include a traffic signal. The traffic impact study
also recommends a connection from phase 1 south to West Reserve Drive labeled as
Many Glacier Drive on the preliminary plat of phase 1. This intersection would also
require a signal. A third signal is recommended on Highway 93 North and the main
access into the lifestyle center, labeled Glacier Drive on the preliminary plat of phase 1.
Recommendations for the second phase of the project (all the residential lots and the
remaining commercial development) include additional turn lanes or upgrading existing
intersections of Whitefish Stage Road, West Reserve Drive and Rose Crossing at Highway
93 North.
The Public Works Department has reviewed the traffic impact study and is
recommending Rose Crossing be constructed from Whitefish Stage Road west to Highway
93 North, and Many Glacier Drive be constructed south to West Reserve Drive in
accordance with the traffic study. The Department is also recommending that several of
the internal streets incorporate engineered roundabouts for traffic control. Intersections
recommended for the engineered roundabouts include the intersection of Glacier Drive
and Glacier Loop for phase 1, two roundabouts along Rose Crossing, and a roundabout
at the intersection of Many Glacier Drive and the roadway serving phase 3. The two
roundabouts along Rose Crossing would be located in accordance with the traffic impact
study with input from the Public Works Department.
The majority of existing road improvements needed for the project include roadways
outside of the city's jurisdiction. The roadways are Highway 93 North, West Reserve
Drive and Whitefish Stage Road which are under the jurisdiction of the Montana
Department of Transportation.
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The Montana Department of Transportation (MDOT) provided a letter to CTA dated
November 28th stating that they have reviewed and approved the conceptual project
design presented to them on November 26th. This conceptual design includes two signal
intersections on the north and south ends of the project site along Highway 93. The
conceptual design also includes a 1/4 turn movement intersection for the main access into
the lifestyle center.
At the planning board's November 27th hearing several planning board members cited the
growth policy and its intent to limit or outright prohibit the number of signal
intersections north of West Reserve Drive.
The developer, in his application, had asked for traffic lights at Rose Crossing and at the
main entrance (A) with right -in/ right -out at the south entrance (B). MDOT's
recommendation altered this design. Based on the discussion at the planning board
hearing the developer revised the proposed PUD site plan slightly to illustrate what the
conceptual access plan onto Highway 93 would look like given MDOT's conceptual
approval to allow two stop lights along Highway 93 for the project. The developer also
provided a letter from Krager and Associates regarding transportation issues for the
planning board's consideration at the December 1 lth meeting. Additionally, two exhibits
are included which provide an illustration of the location of access points "Highway 93
Intersections Traffic Circles", and the overall transportation circulation proposed for the
project "Conceptual Traffic Diagram".
In the planning staffs memo to the board dated December 6th, planning staff
recommended the board consider the following with respect to the growth policy and
access onto Highway 93:
• The Kalispell Growth Policy is an official public document adopted by the City of
Kalispell as a guide future growth in the city. The growth policy is not a law or
regulation, but rather the adopted policy when making land use decisions for the
community.
• When considering zoning, subdivisions and other development issues; the growth
policy should be consulted and the development should be in substantial
compliance with the goals and policies. The plan is intended to reflect the
economic, social, and environmental policy of the City of Kalispell, and is
fundamentally, a guide to the physical development of the community.
• Policy 3 under Goal 1 of the Highway 93 North Growth Policy amendment states
the following:
The following design standards are intended to enhance the gateway entrances to
Kalispell
b. Access control is important along the gateway entrance roads.
c. Access should be coordinated so as to allow only collector or arterial streets to
intersect. The judicious use of right -in right -out approaches, frontage roads
and good internal development street design should be the rule to reduce or
eliminate the need for direct access onto major gateway roads.
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The planning staff's memo noted "How the road access points are controlled onto
Highway 93 will ultimately be up to the MDOT. However, the number of access points
onto Highway 93 is based on internal design and the land uses within the Glacier Town
Center. The planning board should consider how policy 3 above should be interpreted in
making their recommendation to the city council."
Based on the above policies staff recommended the planning board consider adding the
following conditions to the preliminary plat of phase 1:
• The center access off of Highway 93 shall be reduced from a 110 foot private road
right-of-way to a 50 foot private road right-of-way. It shall be designed with 2 way
- 2 lane design with a right in - right out access. The road design shall support a
5 foot sidewalk and a minimum 5 foot landscaped boulevard on both sides.
The purpose of this condition is to create a design that would only accommodate a right
in - right out and not create a design which in the future may necessitate the need for an
additional traffic light.
• The applicant reserve lots 15 and 16 at the intersection of Rose Crossing and
Highway 93 for a period not to exceed three years from preliminary plat approval
for the purpose of allowing the city to undertake in concert with MDOT a corridor
preservation study. If a junior interchange is recommended, the applicant would
reserve the necessary land. If the study is not pursued or if the study concludes a
junior interchange is not feasible, the restriction over lots 15 and 16 would be
lifted at that time or three years from preliminary plat approval.
After discussion the planning board ultimately recommended the two conditions above to
the city council These two conditions are shown as conditions 25 and 26 in the
recommended conditions for the PUD .
Flathead County currently provides funding and operation of Eagle Transit, a public
transportation program that provides transportation in a safe manner for the
transportation -disadvantaged and the general public of Flathead County. Eagle Transit
has recently incorporated a fixed route within the County and has several bus stops
within Kalispell.
The large scale of the commercial component within the Glacier Town Center and the
intent of the center to provide retail services to the residents of Kalispell and Flathead
County create a need for public transportation service to the center. Goal 3 of Chapter
10 of the Kalispell Growth Policy states, "Provide Greater Diversity in Transportation
Options."
The development has provided for individual automobiles and pedestrian and bicycle
traffic in the PUD proposal. To provide for a greater diversity of transportation options to
and from the Glacier Town Center project, planning staff would recommend that the
developer work with Eagle Transit to establish bus stop locations throughout the project
site. Staff would also recommend that the approved bus stop locations be improved in
accordance with Eagle Transit's requirements which may include a bus shelter.
As part of the project proposal the developer has provided a 5.1 acre lot, lot 37 of phase
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I, for a future community center. The property would be developed by a nonprofit entity
that is approved by the developer, city and North 93 Neighbors group. The developer has
stipulated however that if the property is not developed within five years of the final plat
for phase 1, the land would revert back to the developer. At this time the planning board
and council can anticipate a possible community center on this lot. If the lot reverts
back to the developer, planning staff is recommending the developer be required to
amend the PUD plan and propose the type of use on the lot. No building permits would
be issued on the lot until the amended PUD plan is approved by the city council.
During the December 11 th planning board meeting the planning board heard testimony
from the public regarding the access to the 5 acre community center site. The planning
board noted the real estate will be set aside for 5 years but yet in phase 1 the roadway
doesn't go any further than just getting to the community center parcel. The planning
board felt that if there is a sunset clause it would be prudent to at least be able to access
the entire site during phase 1. Therefore, the planning board added a condition requiring
Lake McDonald Road, the access road serving the community center site, be extended to
the eastern property line of the community center site, shown as lot 37 on the
preliminary plat.
The proposed zoning districts as well as the proposed PUD amendments still require
setbacks and height limitations to provide for adequate light and air within the project
site. In those areas of the B-3 zoning district where the developer has requested reduced
setbacks, the conceptual design of the PUD includes increased open space in the form of
pedestrian plazas. These buildings are also located in areas where parking lots are on
one or more sides of the building alleviating the need for setbacks in order to not
negatively affect adjacent properties.
Exhibit H, Architectural Elevations, of the application provides sign location and
elevations for various parts of the project. The developer initially requested one
freestanding sign, 28 feet tall and 30 feet wide, and two monument signs? 1/2 feet tall and
just over 11 feet wide, along Highway 93 North to advertise the Glacier Town Center.
Two monument signs are also proposed along Whitefish Stage Road, again to advertise
for the Glacier Town Center.
Policy 3 . i.v of goal 1 of the Highway 93 North Growth Policy Amendment states that
monument signs would be anticipated to occur in the rear portion of the 100 foot buffer
area along Highway 93 North, other free standing signs would not be allowed. Although
policy 3.i.vi potentially allows for signage to be located within the buffer areas as long as
it is done through a PUD, planning staff is recommending against allowing the larger
freestanding sign within the 100 foot buffer area along Highway 93 North. The intent is
to keep the area immediately along the highway as free of signs as possible especially in
light of the policy which set the buffer area as 100-150 feet and only 100 feet is being
proposed at this time.
Planning staff is also recommending that detached signs throughout the Glacier Town
Center site be limited to monument signs except for the one freestanding pole sign
designated 1.1 in Exhibit H of the application. The purpose for this is to limit the
amount of tall freestanding signs that have the potential to visually detract from the
commercial setting of the area. This freestanding sign appears to incorporate an
electronic message board. To maintain the visual integrity along this portion of the
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highway, planning staff would recommend prohibiting the use of a message board on this
sign.
Staff also recommends that signage along Highway 93 North for the out parcels (lots 6-10
of Block II and lots 11-16 of Block III of Phase 1) be limited in scale and location. This is
proposed to downplay the presence of signage along Highway 93 North so that it does not
detract from the highway corridor and the overall development. Policy 3 of goal 1 of the
Highway 93 North Growth Policy Amendment provides a list of design standards intended
to enhance the gateway entrances to Kalispell of which Highway 93 North is one of.
Policy 3.f of goal 1 of the Highway 93 North Growth Policy Amendment states, "Additional
design standards should be developed to insure that signage enhances development, not
detracts from it. Wall signage integrated into the overall building design is preferred over
free standing signage. Monument signs are preferred over other types of free standing
signage. Where development entrance signage or monument signage is proposed, it
should be done so as part of a unified planned unit development concept." By limiting
the signage along Highway 93 North for the larger Glacier Town Center project and the
out parcels, policy 3.f can be achieved.
Therefore, planning staff recommends the planning board and council consider the signs
provided in Exhibit H as the sign package for the development's entrances with the
recommended alterations by staff. The signs submitted with the application will be the
signs used to advertise the Glacier Town Center and not individual businesses. By
incorporating the following conditions in the PUD the visual quality of the project and the
surrounding area would not be negatively impacted. The following conditions to be
included with the Glacier Town Center PUD are as follows:
1. The freestanding sign designated 1.1 of Exhibit H of the application shall be
located east of the 100 foot buffer area along Highway 93 North. The use of
message boards shall be prohibited.
2. The two monument signs designated 2.1 of Exhibit H of the application shall be
located along the eastern edge of the 100 foot buffer area along Highway 93 North.
3. All other detached signs shall be monument signs within the Glacier Town Center
Commercial PUD. A monument sign is defined as a freestanding, self supporting
sign, supported by columns and a base, which is placed at ground level, and not
attached to any building wall, fence or other structure. Monument signs shall
have a maximum building envelope of 6'x6' including architectural
embellishments. An example of a monument sign is provided in Exhibit H of the
Glacier Town Center application, entry monument sign 2.1.
4. Signage on lots 6-10 of Block II and lots 11-16 of Block III of Phase 1 shall be
limited as follows:
a. All monument signs shall be located along the eastern boundary of the lot
adjacent to the internal subdivision road.
b. Wall sign area for the west, south and north facing walls of the building
shall be limited to a total of 50% of the total sign area allowed for the lot.
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After reviewing the proposed conditions the developer opted to amend his request for
highway signage based in part on the two potential stop lights MDT would allow along
Highway 93. The revised request was included in a December 4th letter to planning staff
that outlined the developers concern with prohibiting monument signs for individual
businesses along Highway 93. At the December 11 th planning board meeting the above
mentioned signage restrictions were discussed with staff recommending the planning
board consider altering conditions 1 and 2 above to reflect the developers new sign
proposal, no other changes were recommended by the planning staff. The planning
board recommended allowing two freestanding signs and one monument sign along
Highway 93 but felt the other sign restrictions within the PUD were appropriate. The
amended sign condition is under condition 14 of the PUD.
The proposed PUD includes a variety of commercial stores and centers including the
lifestyle center in phase 1 and power center in phase 2. Office buildings, multi -family
apartment buildings, townhomes and single family residential homes make up the rest of
the land uses throughout the project site. The developer has opted to place a height
restriction on the out parcels adjacent to Highway 93 North, lots 6-10 of Block II and lots
11-16 of Block III of Phase 1, to a maximum height of 27 feet. The developer has
submitted conceptual elevations of the commercial, office and multi -family buildings with
the project. These will be used as a guide for the city's architectural review committee
that will ultimately review and approve the building design or request the developer
modify the design.
The Kalispell Growth Policy provides direction for development along Highway 93 North.
This can be found under policy 4 of chapter 4, Land Use; Business and Industry and
policy 3 . h. iv and 3 . i. iv of goal 1 of the Highway 93 North Growth Policy Amendment. The
city's architectural design standards include the policies in chapter 4. Staff would
recommend that the requirement to provide four sided architecture be required on the
out parcels adjacent to Highway 93 North, lots 6-10 of Block II and lots 11-16 of Block III
of Phase 1, and the area designated as B-1 along Whitefish Stage Road in phase 4.
As part of the PUD project the developer also intends to provide single family residences
and town homes. 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 will require the residential development to include pitched
roofs, the use of gabled dormers 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 developer provided a series of plans of how the single-family residences and
townhomes would be placed on both alley and non alley loaded lots. The non -alley
loaded lots have recessed the garage to locate it behind the front of the house in order to
not have a garage oriented street. In this case the people and the house are placed closer
to the street and importance rather than the automobile. The garages are also single car
and do not dominate the front of the lot from the street.
Planning staff has concerns with the conceptual townhouse layout provided. This layout
shows a group of townhomes surrounding a common area however the backs of the
homes have the garage adjacent to the street. A view of this street would look like a
series of single and double car garages with the home somewhere back behind the
garage. Staff cannot support this concept as currently presented. The city has
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encouraged other developments to utilize an alley or alternative house design which do
not lead with the garage towards the street. Staff recommends that the residential areas
of the PUD use either an alley loaded design or make provisions for the garage to be
setback behind the front wall of the house a minimum of 10 feet.
The City of Kalispell has required past subdivisions to complete a minimum of two-thirds
of the necessary public infrastructure (water, sewer, roads, etc.) prior to filing the final
plat. This has been a condition on past subdivisions to insure that, prior to issuing a
building permit on a new lot, there is access which meets the fire department's 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 provide adequate services to the subdivision
at the time the lots are created, staff 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 each phase be operational.
After reviewing the proposed condition requiring two-thirds of the necessary public
infrastructure be in place prior to final plat approval, the developer requested this
condition be removed and that the state subdivision requirements for bonding be
followed. The purpose for requiring the two-thirds infrastructure is discussed above.
The developer, in the December 4th letter to planning staff, requested that this condition
be removed primarily for phase 1 which is proposed to be entirely of commercial lots.
The developer states in the December 4th letter that, "Unlike a residential construction,
the transferees of the Anchor Store lots and outparcels lots are sophisticated parties who
require the developer to complete, before the opening of the Center, any infrastructure
which is incomplete at the time of the delivery of the parcel."
Based on this relationship between the developer and future commercial tenants,
planning staff recommended the planning board consider amending condition 22 which
requires the two-thirds infrastructure be in place prior to final plat. Planning staff
recommended this condition be amended to apply only to residential phases of the
project for the reasons listed above. At the December 11 th planning board meeting the
planning board amended condition 22 per staffs recommendation.
The park areas and open space area will provide the recreational amenity within the
development. These facilities will be dedicated to the public with maintenance of the
central park in phase 1, open space area along the Stillwater River and future park in the
residential area provided by the city. The remaining open space areas would be
maintained by a business or 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 to the north and east. To the immediate west of the project site is
Highway 93 North with lands to west of the highway developed for both commercial and
residential uses. To the south of the project site is a large industrial business, Semi Tool,
with commercial businesses on both the north and south side of West Reserve Drive.
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The proposed project, with the commercial and residential densities, is 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 application states that the project is a logical extension of development consistent with
the Kalispell growth policy. It adds that the developer has elected to create a PUD for the
project in order to carefully plan the project with unique features that take into
consideration the surrounding land uses and features that make this location so appealing.
Staff would agree with the developer that the Kalispell growth policy designates this area as
an Urban Mixed Use area. The county has already rezoned a large portion of the site to B-2
(General Commercial) in 2003. The existing county B-2 zoning permits the commercial uses
that the PUD is requesting.
It must be reiterated that the proposed project will have significant traffic impacts to the
surrounding area. These impacts can be mitigated through increased and improved
roadways in the area such as the extension of Rose Crossing. Upgrades to Whitefish Stage
Road and West Reserve Drive are unknown at this time because the sections of these
roadways are under the jurisdiction of the Montana Department of Transportation. The
Department will be reviewing and requiring mitigation to adjoining roadways within there
road system as each phase of the overall PUD project is developed.
With regard to the loss of existing agricultural farmland, as the Flathead Valley continues to
grow more commercial and office spaces will be needed. It is better to provide areas in and
around the cities and towns of the county to accommodate such commercial growth rather
than spreading them between cities along major transportation corridors.
There is a National Guard Facility currently located along a portion of the western boundary
of the project site. The facility is located north of the proposed Rose Crossing extension
adjacent to phases 2 and 3. The PUD plan shows the land uses within phases 2 and 3 as
residential, both single family and multi -family units. A letter received from Debra
LaFountaine, Master Planner for the Department of Military Affairs, voiced concern over the
proposal to place residential uses adjacent to the facility. The letter notes that on weekends
they have over 200 personnel conducting drills at the facility and they need to keep the area
well lit. The concern is how this noise and light would impact future residents within the
project. She is requesting this future problem be mitigated, either with a change from
residential to office or commercial or some sort of buffer, directly east of the facility.
The proposed PUD plan shows primarily parking lots serving the apartment units and a SO -
foot open space buffer between the single-family lots and the National Guard Facility. At
this time it is unclear whether the parking lots and open space along the eastern boundary
would mitigate Ms. LaFountaine's concerns. Staff recommends that prior to submitting a
preliminary plat for phases 2 and 3 the developer contact the Department of Military Affairs
and work with them to come up with a suitable mitigation plan. The National Guard Facility
is fairly new and can be expected to continue operating for the next 20 years or more.
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 with
the city attorney;
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The developer is proposing a five phase project with the first phase including the lifestyle
center and surrounding commercial lots. The phases have been graphically delineated in
Exhibit J of the application. Planning staff would recommend the planning board and
city council consider requiring the first phase have an approval period of three years with
subsequent phases having an approval period not to exceed two years from the approval
of the previous phase.
In a phone conference Thursday, November 29th, with the developer and planning staff,
staff agreed to amend the above time frames for the phasing of the project. The purpose
was to provide the applicant the ability to request extensions for subsequent phases of
development to allow for flexibility with regards to changing market conditions.
The purpose for placing time frames on the PUD is to insure that there continues to be a
viable project on the site and prohibit developers from sitting on land for several years to
decades before starting their approved project. The time frame also provides the ad j acent
public assurance of what is anticipated on the site. The city council has honored a one
year extension for each phase of a project beyond the initial three and two year effective
dates provided for in the recommended condition. Therefore, staff recommended the
planning board consider a one-year extension be provided to each of the subsequent
phases. The planning board, at its December 11th meeting, amended condition 23 of the
PUD to allow for such extensions.
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.
6. 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 II of this report.
In addition to the review criteria discussed above, the application request two PUD's one
commercial the other a residential mixed use PUD. Section 27.21.030(5)(d) of the
Kalispell Zoning Ordinance lists 10 criteria that a residential 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 minimum land area for a Mixed Use PUD in a residential district is 20 acres
The land area within the PUD project site is approximately 163 acres.
2). The predominant land use character of the district must be residential;
The predominant zoning districts with the PUD are the R-3 and R-4 zoning districts
which are intended for residential development. A small area is included as B-1
(Neighborhood Buffer District) which permits limited commercial intended to serve
35
the immediate neighborhood.
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 would be the same as the permitted uses in a
residential PUD. The residential uses included with the PUD proposal include
primarily detached single family homes and townhomes .
4). The maximum permissible building height is 35 feet;
The maximum building height within the underlying zoning districts of the PUD (R-3,
R-4, and B-1) is 35 feet. No deviations from the height requirement have been
requested.
5) . The combined area of all commercial uses cannot exceed 35% including the area of
all associated facilities, such as parking;
The combined area of the commercial uses under the proposed PUD is approximately
5% 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 proposed PUD plan calls for neighborhood parks and open space along the
border of neighborhoods and the project boundaries. Other areas will remain open
including building setbacks on lots and landscaped boulevards along roads. The
total ground coverage on the site will be 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 commercial aspect of the proposed PUD includes the B-1 zoning district which
prohibits any industrial and incompatible commercial uses.
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 Whitefish Stage Road, West Reserve Drive and Highway 93
North.
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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 non-residential (commercial) uses within the project site. The city has also
appointed an architectural review committee to implant the adopted design
standards. Therefore, the city can be assured that future commercial uses on the
site will be architecturally harmonious and compatible with the associated residential
uses.
10). In the event that plans for a Mixed Use PUD include a commercial use not specifically
provided by Section 27.21.030(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 comply with Section
27.21.030(5)(d)(7).
III. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF GLACIER
TOWN CENTER PHASE 1
The following is a review of phase 1 of the Glacier Town Center project. This first
phase is located on the west side of the 485.5 acre project site along Highway 93
North. The first phase will consist of 191.6 acres divided into 37 lots, 36 of which
are commercial lots and one lot for a future community center. The lot sizes range
from 1 acre to 39 acres. The first phase also includes 5.6 acres of open space
along Highway 93 North and a 17.6 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 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
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station.
Flooding: 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 Highway 93 North, a 4
lane highway, and two proposed roadways. The two roadways include an
extension of Rose Crossing which currently ends east of phase 1 approximately 3/4
of a mile at Whitefish Stage. As part of phase 1 the developer will be extending
Rose Crossing one mile west and provide a connection between Highway 93 North
and Whitefish Stage Road.
The second roadway would provide a connection between phase 1 and West
Reserve Drive, located approximately 1/2 mile south. The roadway shown as Many
Glacier Road on the preliminary plat would also be constructed as part of phase 1
to make this connection.
With the construction of the two primary access roadways, Rose Crossing and
Many Glacier Drive, and two entrances off of Highway 93 North, the developer
intends to construct several internal roads to provide direct access to future
businesses on lots within phase 1. The internal roadway serving the future
lifestyle center is shown as Glacier Loop on the preliminary plat. This loop road
will allow vehicles to access the parking lots surrounding the lifestyle center as
well as lots to the east and north of the lifestyle center. Lots located along the
western portion of phase 1 will be provided with two small internal roadways
shown as St. Mary Road and Goat Haunt Road on the preliminary plat. Triple
Divide Road and Two Medicine Road will provide access to the park land within
phase 1 and remaining lots along the eastern portion of the subdivision.
The eastern most lot proposed, lot 37, is intended for a future community center.
The developer has proposed construction of Lake McDonald Road up to western
boundary of lot 37. This would provide adequate access during the next several
years until phase 3 of the project is constructed. At this point Lake McDonald
Road will be extended east to connect with Whitefish Stage Road and another road
will be constructed along the west boundary of the lot.
B. Effects on Wildlife and Wildlife Habitat: Phase 1 of the Glacier Town Center
project, a 191 acre block of land that fronts Highway 93 North and stretches east
approximately half of a mile, is currently actively used for agricultural farming. An
environmental assessment (EA) was conducted for the Glacier Town Center project
by Hyalite Environmental, LLP and was completed in June of 2007. The
assessment included a review of the existing site conditions and determinations of
effect on a variety of elements that may potentially result from the proposed
project.
To start, topography on the site is generally level, however two small hills exist at
the northwest and the southeast corner of Phase I. The central portion of the site
is relatively flat, but generally slopes towards the Stillwater River to the southwest.
The second hill will become part of the 17.6 acres of open/park space in this
phase and connect to a longer linear park in future phases. The open space areas
will provide habitat to some area wildlife.
W
The EA notes that the majority of the Phase 1 project site is fields that have been
cultivated to produce wheat, alfalfa and hay grasses - there are no native or
critical plant communities.
Small mammals and avian species are known to use these tilled and irrigated
fields and it is common for white -tail deer to bed down in the tall grasses.
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. The map indicates that white-tailed
deer occur at a density of less than 15 per square miles of land in the Phase 1 area
and the land is not considered important winter range.
Montana Department of Fish, Wildlife and Parks, after a review of the project,
recommended mitigation and a buffer along the Stillwater River riparian area. No
other concerns were presented.
Three species with state and/or federal status were also identified within the
project vicinity: the Long -billed Curlew, Bald Eagle and Bull Trout. However, the
species either occur outside of Phase 1 of the project, or due to the periodic
disturbance from activities such as tilling, planting, irrigation, harvesting, etc., it
was determined that the species would not likely utilize the site for nesting or
breeding. The EA indicated that there would be no significant impacts to the
threatened and endangered species or Montanan Species of Concern that were
identified within the project vicinity. However, the report did conclude that there
would be "increased anthropomorphic impacts on the parcel and loss of field
habitat."
Note that further coordination with the US Fish and Wildlife Service is necessary
for future phases of the project where quality, suitable habitat exists along the
Stillwater River and wind row areas. These areas are part of future phases 2, 3
and 4.
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C. Effects on the Natural Environment:
Surface and groundwater: The Hydrology Report provided by Applied Water
Consulting indicated that the Stillwater River was the only natural surface water
feature on the site. The Phase 1 project site does not include that water feature.
As such, there are no areas within the first phase subject to flooding and the land
is not located within the 100-year floodplain. The report also indicates that there
are no irrigation ditches on the site as water is conveyed by underground pipes
and via a wheel -line sprinkler irrigation system. The only ditches that convey
water occur along Highway 93 North at the west end of the project area.
It should be noted that intermittent ponding and surface water runoff flows have
been known to result from winter and early spring snowmelt and/or rain when the
ground is frozen. A portion of the project site drains to the southwest to a
drainage Swale/gully through the cemetery eventually making its way to the
Stillwater River. As part of the conditions of approval for the proposed
development, a Drainage and Storm Water Management System Plan would need
to be developed. The plan would be reviewed and approved by the City of Kalispell
Public Works Department.
With regards to groundwater, the EA determines that the shallowest ground water
is located close to the river which was determined from the Ground Water
Information Center (GWIC) database of the Montana Bureau of Mines and Geology.
Phase 1 of the project is approximately 1,400 feet north of the Stillwater River.
A Depth to Water Table map provided by the Flathead Lakers in consultation with
the Flathead Lake Biological Station dated March 13, 2006 indicates the water
table for the development varies throughout the site. The groundwater levels in
the Phase 1 project area range from 15 to 20 and 20 to 50 feet below the surface
with a small area in the southeast corner of the site where the water table is only
10 to 15 feet below the surface. While there is one well on the property, the EA
states that "the only long-term consumption of groundwater resources from the
site will be that related to evapotranspiration from vegetation included in the
landscape design" and that recharge of the aquifer would come from the
mountains surrounding the Flathead Valley.
Wells act as a conduit to the aquifer and as such certain activities that may result
in contamination of the water source are prohibited within a certain distance of
well locations. For this reason, a recommended condition of approval has been
added requiring the developer to comply with Flathead City -County Health
Department and the Montana Department of Environmental Quality rules,
regulations and policies. Sewer lines shall be located a minimum of 50 feet from
any well.
Drainage: Topography on the site is generally level, however two small conical
hills exist at the northwest and the southeast corner of Phase I. The central
portion of the site is a relatively flat bench approximately 3,020 feet above mean
sea level, but generally slopes towards the Stillwater River to the southwest. The
two conical hills make up approximately 44 acres of the site and rise
approximately 45 feet above the main bench. The Preliminary Geotechnical Report
(Appendix H), describes these geographical features as stratified supra -glacial
deposits that were left when glacial ice retreated in the area and are known as
kame deposits. These areas make up the erodible soils within the project area and
.ff
will be cut and graded to mitigate the unstable conditions and provide for efficient
and effective development.
Figure #6. View of the two conical hills that will be cut and graded.
It is estimated from the conceptual grading plan that 45 feet will be removed from
the hill closest to US Highway 93 North (Hill # 1) and 20 feet will be removed from
the hill towards the south and east of Phase 1 (Hill #2). The soil will be utilized on
site in this phase or later phases of the proposed Glacier Town Center project.
Soils consist of sand, silt and silty clay. The geotechnical report concluded that
loose soil in several areas within the proposed mall site will need some sort of soil
treatment and additional soil borings for individual structures were recommended
once grading and site layout plans are finalized.
Currently, water flows west towards US Highway 93 North and southwest to a
drainage Swale/gully that runs through the cemetery eventually making its way to
the Stillwater River. A preliminary Drainage and Storm Water Management
System Plan has been designed for the site and will be reviewed and approved by
the Public Works Department. Generally, curbs and gutters will be installed along
the streets throughout the development and storm water will be conveyed to catch
basins in five drainage basins (1A, 1B, 2A, 3A, 3B) identified in the Storm Water
Management Design Report (Exhibit K) . A number of low impact development
methods have been proposed to manage, retain, store and treat run-off including
bioretention cells and swales and infiltration basins. Parking lots and other
impervious surfaces will drain to area inlets that will be connected to a network of
storm drain pipes as shown on Figure 3 in Exhibit K. The 10 year, 6 hour storm
was used to calculate run-off levels from pre- and post -construction levels. Any
net increase in storm water run-off levels will be retained on site.
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The City of Kalispell recently adopted an ordinance to address erosion control and
storm water pollution prevention. The new ordinance requires a developer to
obtain a city Storm Water Management Permit and a State General Construction
Storm water Discharge Permit Notice of Intent (NOI) and Storm water Pollution
Prevention Plan (SWPPP) prior to any grading activities on the site. These plans
provide for managing storm water 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 the subdivision.
D. Effects on Local Services:
Water and Sewer: The extension of water and sewer to the site will be required to
serve the development. A full discussion of the water and sewer extension plans
can be found in appendix J of the application. The plan calls for connecting water
and sewer mains into a recently installed 14" water main and 18" sewer main
within the Highway 93 North right-of-way. Phase 1 would connect to these
existing main lines.
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.
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, Highway 93
North, an extension of Rose Crossing from Whitefish Stage Road to Highway 93
North, and a new road connecting with West Reserve Drive will provide primary
access to the site from the existing street system.
West Reserve Drive is a state secondary highway with three lanes between
Highway 93 North and Highway 2. There are minimal shoulders and no
pedestrian facilities expect for sidewalks along the bridge over the Stillwater River.
Whitefish Stage Road is located east of phase 1 and would provide the eastern
access onto the new Rose Crossing extension to Highway 93 North. Whitefish
Stage Road is a state secondary highway and currently has 2 travels lanes with
little or no shoulders in the vicinity of the Glacier Town Center project.
Highway 93 North, as it front phase 1, includes 4 lanes with the Montana
Department of Transportation (MDOT) currently widening the highway to make a
continuous 4 lane from Kalispell to Whitefish. The MDOT is also working on a
junior interchange at the intersection of Church Drive and Highway 93 North,
approximately 1 1/2 miles north of the project site.
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All three of the roads described above, Highway 93 North, West Reserve Drive and
Whitefish Stage Road, are under the jurisdiction of the MDOT. To date the
planning department has not received any comments from MDOT as to whether
the Department agrees with the traffic impact study and its recommended
mitigation measures the developer has provided with the application. A meeting
between the city and MDOT will take place on November 26th. Information from
this meeting will be forwarded to the planning board and city council for their
consideration.
The developer hired Krager and Associates, Inc. to conduct a traffic impact study
for the proposed project. A copy of the traffic impact study is included in appendix
L of the application. The projected traffic for the first phase of the project which
includes the lifestyle center and surrounding commercial lots is anticipated to be
23,617 vehicle trips over a 24 hour period.
To help mitigate the traffic impacts the developer would construct an extension of
Rose Crossing from its current intersection with Whitefish Stage Road west to
Highway 93 North. In the application this road profile is shown as road section G
of Exhibit F and includes aright -of -way which varies between 80-85 feet in width.
The road would include 2 12-foot travel lanes with a center 12-foot designated
turn lane. A landscaped boulevard and sidewalks are shown on both sides of the
roadway. This road would improve overall circulation for phase 1 as well as traffic
circulation for the surrounding area. The draft transportation plan the city is
currently reviewing for adoption calls for Rose Crossing to be extended west,
eventually to Farm to Market Road. The Kalispell Growth Policy Fixture Land Use
Map also shows a future collector/arterial roadway connection for Rose Crossing
between Highway 93 North and Whitefish Stage Road.
Two highway entrances are proposed to serve the first phase of development.
These two entrance points, Glacier Drive and Sweet Meadow Lane, would connect
with a loop road surrounding the lifestyle center and its associated parking. This
loop road, named Glacier Loop on the preliminary plat, would provide the direct
access to the majority of the lots within phase 1.
A roadway connection is also proposed from phase 1 south to West Reserve Drive.
This south connection, shown as Many Glacier Road on the preliminary plat,
would be constructed to serve as the main southern entrance for the lots within
phase 1. This roadway would also serve as the primary access for lots within
phase 2.
A discussion of the Public Works Department's comments is included in section II,
PUD review, of this staff report. A brief summary of those comments includes the
incorporation of engineered roundabouts for traffic control at several of the
intersections within phase 1. Intersections recommended for the engineered
roundabouts include the intersection of Glacier Drive and Glacier Loop, two
roundabouts along Rose Crossing, and a roundabout at the intersection of Many
Glacier Drive and the roadway serving phase 3. The two roundabouts along Rose
Crossing would be located in accordance with the traffic impact study with input
from the Public Works Department.
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The roadways intended to serve the lots within phase 1 would include both private
and public roadways. A discussion of several of these roadways can be found in
section II, PUD review, of this report. The Public Works Department is
recommending that several of the internal roadways be redesigned to include
sidewalks or bike paths. A list of the road sections requiring a redesign can be
found under the recommended PUD conditions in this staff report.
As mentioned previously in this section, as part of phase 1 the developer will be
extending Rose Crossing from Whitefish Stage Road west to Highway 93 North.
The preliminary plat indicates an 80 foot road right-of-way to accommodate 2 12-
foot travel lanes with a center 12-foot designated turn lane. The size of the
roadway and traffic volumes it would carry places this road as either a collector or
minor arterial roadway.
The preliminary plat of phase 1 shows seven lots adjacent to Rose Crossing. The
lots include 16, 19, 20, 21, and 22 of Block II and 23 and 26 of Block IV. The
Public Works Department is recommending lots 16, 19, 20, 21, and 22 be
prohibited from directly accessing Rose Crossing, either by driveway or shared
driveways. The purpose of eliminating the access points of these lots is to reduce
the number of conflict points along this future roadway. Discouraging individual
access onto collector and arterial roads is supported in the Kalispell Growth Policy.
Chapter 10, Transportation, policy 6 of the Kalispell Growth Policy states,
"Provide access to individual lots by way of local streets to the maximum extent
feasible and avoid granting individual access on to collectors and arterials." The
lots mentioned above would have access by way of a local private or public street.
Lots 23 and 26 would utilize a shared access as shown on the PUD site plan. The
Public Works Department was comfortable allowing this one shared access into
these two lots at the location shown on the PUD plan.
The proposed subdivision, at full build out, will generate approximately 23,600
vehicle trips over a 24 hour period. The existing roadways which would serve
phase 1 include West Reserve Drive and Whitefish Stage Road.
Impacts to these roadways are incrementally increasing as more development
occurs in this general area. However, with limited or no funding currently
available for the possible upgrade of Whitefish Stage Road and West Reserve Drive
at either the state or local level, no improvements to these roadways are
anticipated in the near future except improvements related to proposed
intersections which would serve phase 1.
Because there are no development impact fees yet in place assessed by the City of
Kalispell, Flathead County or the State of Montana, the impacts to these roads
would continue to be felt. Typically this would be the responsibility of the state
with regard to design, funding and construction. Therefore, the planning board is
recommending that at a minimum a waiver to protest the creation of a special
improvement district for upgrading roads impacted by the development has been
included as a recommended condition of approval. The intent of this condition is
to address impacts to Whitefish Stage Road and West Reserve Drive as well as
future city streets in and around phase 1.
Schools: The Kalispell school district was notified of the proposed project in
September. The school district was provided a copy of the environmental
assessment along with portions of the PUD and preliminary plat application and a
site plan. To date no comments have been received from the school district.
As the first phase includes only commercial lots this subdivision would not have
an impact on the school district. The Planning Department will continue to notify
the Kalispell school district of future phases for comments.
Parks and Open Space: As discussed in the evaluation of the proposed PUD, section
II of this staff report, the overall project includes 72.3 acres of parkland and open
space. As part of phase 1 the developer has proposed a central park along the
eastern boundary of the phase.
The central park is a large park, approximately 17.6 acres, divided into three
parts. The park is joined on the northern end with an area of open space
including an existing shelter belt of trees and proposed pedestrian/bike trails.
This central park divides the project site into east and west halves, with areas to
the west of the park including more intense retail commercial such as the lifestyle
center. Areas to the east include small scale offices, retail, apartment units and
residential lots.
The Kalispell City Council recently adopted a Parks and Recreation Comprehensive
Master Plan to help provide direction as to where and what types of parks the city
should be developing as the city grows. Figure 7.1: Proposed Recreation Facilities,
within the maser plan provides for approximate locations of future community and
neighborhood parks as the city expands. Figure 7.1 indicates a neighborhood
park, shown as NP-6, is needed in this area. The Parks and Recreation
Comprehensive Master Plan defines a neighborhood park as a combination
playground/ park designed primarily for unsupervised, non -organized recreation
activities. The park is generally moderate in size (about 3-10 acres) and serves
people living within approximately 1/2 mile of the park. Facilities typically found in
neighborhood parks include playgrounds, picnic tables and benches, trails, open
grass areas/informal play areas and outdoor basketball courts.
The proposed central park complies with the city's Parks and Recreation
Comprehensive Master Plan in regards for a neighborhood park in this area. The
proposed park is of adequate size and the PUD plan shows improvements
consistent with the definition of the neighborhood park found in the park master
plan.
The Parks and Recreation Department has recommended the developer provide a
detailed parks improvement plan for the Department's review and approval. The
approved plan would be installed or bonded for prior to final plat approval. The
Parks and Recreation Department would also take over the maintenance of the
park but has recommended a park maintenance district be implemented to
provide the Department funding for the upkeep and maintenance. This
recommendation has been included in the recommended conditions for the PUD.
Along with the proposed central park in phase 1 the developer has included a 100
foot buffer area along Highway 93 North. The Highway 93 North buffer profile
provided with the PUD application shows a 100 foot wide landscaped buffer.
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Within the buffer a 12-foot wide bike trail is located in the eastern half of the
buffer area with a combination of evergreen and deciduous trees along the bike
path.
Policy 3.i of goal 1 of the Highway 93 North Growth Policy Amendment provides
the following direction with regard to the buffer areas along Highway 93 North:
3.i. Where the adjacent gateway road speed is posted above 45 mph:
i. A minimum 100 - 150 foot impact area should be provided for major
entrances and a 50 foot entrance for minor entrances.
ii. Within this impact area, a combination of berming, landscaping using live
materials and trees as well as grass, a pedestrian trail system, limited
parking and frontage roads should be incorporated.
The proposed buffer along Highway 93 North meets the minimum buffer
requirements set forth in policy 3.i. Planning staff would recommend that the
landscaping be installed similar to that found along Highway 93 North south of
this project site fronting the Spring Prairie Center.
The Parks and Recreation Department has recommended that the developer
provide the Department with a plan showing the pedestrian/bike path in greater
detail and include width and construction materials for the paths. Specifications
for the pedestrian/bike path construction will be determined by the Parks and
Recreation Department and the path would need to be installed prior to final plat
approval.
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.
During review of the proposed subdivision the Kalispell Police Department
requested that security lighting be included in the park areas where trails will be
installed. The department is requesting the lighting because it discourages crime
and provides for the public's safety.
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 / or use of combustible materials in construction.
Mail Delivery: Prior to final plat approval the developer will need to provide a letter
from the U.S. Post Office stating that they can provide service to the site. The
location and type of mail boxes, if needed, would be placed in locations approved
by the post office.
IN
Solid Waste: Solid waste will be handled by a private hauler in accordance with
State statues and taken to the Flathead County Landfill. Based on a letter from
Dave Prunty, Director of the Flathead County Solid Waste District, 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
environmental assessment for the project notes the entire area within phase 1 is
in agricultural production (hay and wheat) and an area approximately 2.65 acres
is considered "Farmland of State -Wide Importance." The remaining area of phase
1 is considered "Prime farmland if irrigated" based on information obtained from
the Natural Resource and Conservation Service (NRCS).
These categories, "Prime Farmlands if Irrigated" and "Farmlands of Statewide
Importance", are assigned based on the "farmability" of soils and does not
necessarily take into account surrounding land uses or proximity to a city. The
location of the property is surrounded by a variety of land uses. Existing
residential and commercial developments are located south of the site with a 100
acre residential site recently annexed lying immediately north of the project area.
This area north of Kalispell is rapidly changing from agricultural lands and rural
residential development to a more urban scale setting with extensive commercial
businesses located within one mile south of the project site. The city has already
annexed three separate tracts of land with one of the annexations, Silverbrook,
already breaking ground on the first phase of a two phase residential/ commercial
development. If the Glacier Town Center project (phases 1-5) is approved the land
within the project site will be taken out of agricultural production.
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
planning 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
47
commercial lots and therefore one could reasonably expect that more farmland
could be conserved within Flathead County.
The environmental assessment (EA) indicates there are surface water rights for the
Glacier Town Center parcels which are taken from the Stillwater River and are
currently pumped to the site via underground pipelines. The water from these
pipelines is then distributed on the fields via a wheel line irrigation system. The
EA states, "These water rights will most likely no longer be used for irrigation." In
addition, all irrigation facilities would be removed from the site.
The EA further states the only adjacent property likely to remain in agricultural
production in the near future is the hayfields surrounding the Semitool facility on
the southeastern boundary of the 485.5 acre project site. However, these fields do
not have any agricultural water user facilities, such as a ditch or mainline, that
cross over to the Glacier Town Center project site. Therefore, development of
phase 1 would not have a negative impact of agricultural water user facilities.
F. Relation to the Kalispell Growth Policy The growth policy for Kalispell was
adopted in February of 2003 and updated in August of 2006. The adopted growth
policy map designates the 191 acre site of phase 1 as an Urban Mixed Use Area.
The Urban Mixed Use Area is intended to allow a compatible mix of higher -intensity
uses including office as well as some commercial and light industrial; medium and
high density residential and public facilities. The proposed subdivision complies
with the Urban Mixed Use Area land use designation as well as additional goals
and policies of the Kalispell Growth Policy. A full discussion of the subdivision's
compliance can be found in sections I and II of this staff report.
G. Compliance with Zoning: The owners have requested annexation and initial
zoning of B-3 for the 191 acre project site. The developer has also requested a
PUD zoning overlay district with 8 deviations from the Kalispell Zoning Ordinance.
If the requested PUD is approved, the project would be in compliance with the
requested B-3 zoning district provided the staff recommended conditions or
approval are in place. A full discussion of these deviations can be found on pages
10 through 20 of this report
H. Compliance with the Kalispell Subdivision Regulations: The owners have
requested a PUD which, if approved, would allow 3 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 10 through 20 of this report.
RECOMMENDATIONS
I. The Kalispell City Planning Board and Zoning Commission recommends that the
City Council adopt report KA-07-17 as findings of fact and approve the initial
zoning on the 485.5 acre site with the B-3, B-1, R-4, and R-3 as shown on the
zoning district map for the property.
II. The Kalispell City Planning Board and Zoning Commission recommends that the
City Council adopt report KPUD-07-6 as findings of fact and approve the PUD for
Glacier Town Center subject to the conditions listed below:
III. The Kalispell City Planning Board and Zoning Commission recommends that the
City Council adopt report KPP-07-12 as findings of fact and approve the Glacier
Town Center subdivision, phase 1, subject to the conditions listed below:
CONDITIONS OF APPROVAL
PUD Conditions
1. The Planned Unit Development for Glacier Town Center allows the following
deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning
Ordinance:
A. Kalispell Subdivision Regulations, Section 3.11.A (Sidewalks)
i. Allows the development of the roads within the project to be designed as
shown in Exhibit F-Roads, of the development application with the following
additions:
• Road Section A - provide an 8-foot bike path with a minimum 10-foot
boulevard along the western side of the road. The bike path shall
connect with the path shown along Many Glacier Road on the PUD site
plan and extend south to the southern edge of the BPA easement.
• Road Section C - provide a 5-foot sidewalk on both sides of the roadway.
The sidewalk shall be located to the outside edges of the right-of-way
providing a minimum 10-foot boulevard.
• Road Section D - provide a 5-foot sidewalk along the outside edge of the
roadway. A minimum 5-foot boulevard shall be provided.
• Road Section F - provide a 5-foot sidewalk on both side of the roadway
with a minimum boulevard width of 5 feet. Note: The southern most
access into the subdivision from Highway 93 North shall have an 8-foot
bike path in lieu of a sidewalk on the south side of the roadway to
connect with the bike path shown on the PUD site plan.
• Road Section K - provide a 5-foot sidewalk along the southern edge of
the right-of-way along the street frontage of lot 32.
• All road sections shall locate the sidewalk or bike path within 1 foot of
the right-of-way boundary.
B. Kalispell Subdivision Regulations, Section 3.073 (Block length)
Allows a minimum block length of less than 300 feet.
C. Kalispell Zoning Regulations, Section 27.06.040(3) (Property development
standards -setbacks)
Allows the rear setbacks reduced to 10 feet. The 10-foot setback shall be for
accessory uses such as garages and, on alley loaded lots, the setback shall be
taken from the alley right-of-way.
D. Kalispell Zoning Regulations, Section 27.07.020(5) (Permitted Uses within R-4
zoning district)
Allows the configuration of three or more townhouse units in the R-4 district
only.
E. Kalispell Zoning Regulations, Section 27.15.030(13) (Conditionally permitted
uses in the B-3 zoning district)
Allows retail malls/community shopping centers as a permitted use within the
zoning district. The following conditions shall apply to the lifestyle center and
power center:
i. The developer shall provide the city with a pedestrian access plan for the
entire project site. Both trails and sidewalks shown on the PUD plan and
as a condition of approval shall be included in the plan.
a. Linear row of landscaping material on average every 200-225 feet
(typically every 3-4 rows).
b. The landscaping feature will include a combination of trees, bushes and
flowers shall extend the length of the parking lot and shall be a
minimum of 10 feet wide.
c. 1-3 inch round river rock is not an approved landscape material.
d. The exterior row of parking lot islands shall be landscaped islands, not
just flat concrete slabs.
e. Pedestrian connections shall also be made to surrounding streets and
the bike path located along Highway 93 North. A minimum of three
connections shall be made from the bike path along Highway 93 North
to the lifestyle center. A minimum of two connections shall be made
from the sidewalk along Rose Crossing to the lifestyle center. Where
sidewalks cross traffic lanes, either at public or private streets or within
the parking lot, the sidewalk may be at grade but shall be constructed of
colored or textured concrete, stone or other contrasting material to
visually denote a pedestrian way. Simply painting the walk area is not
adequate.
f. The plan shall be reviewed and approved by the city's site review
committee.
F. Kalispell Zoning Regulations, Section 27.15.040(3) (Property development
standards in the B-3 zoning district)
50
Allows zero setbacks for buildings on the following lots: Lots 1, 2, and 3 of
block I of phase 1 and lots 23, 24, 25, 26, 27, and 28 of block IV of phase 1.
G. Kalispell Zoning Regulations, Section 27.15.040(4) (Maximum building height
in the B-3 zoning district)
Allows a maximum building height of 60 feet within the B-3 zoning district.
H. The request to deviate from the outdoor lighting standards in the Kalispell
Zoning Regulations, Section 27.22.104, is denied. All outdoor lighting shall be
designed and installed in accordance with the zoning regulations.
2. The Glacier Town Center conceptual site plan shall be revised to incorporate the
conditions of approval of the PUD. The revised site plan shall be reviewed and
approved by the city prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of dwelling
units.
3. The development of the 485.5 acre site shall substantially comply with the
materials submitted and the following maps and elevations contained in the PUD
application:
A. Glacier Town Center Conceptual site plan (as amended per condition 2)
B. Land Use map dated August 6, 2007
C. Proposed Underlying Zoning map dated September 4, 2007
D. Roadway Types map dated August 6, 2007
E. Road profile sections A through P dated August 6, 2007 except profile O which
is dated September 4, 2007
Note: Several road profiles shall be amended in accordance with condition 1.A
F. Road Ownership map dated August 6, 2007
G. Architectural Elevations for the lifestyle center, power center, commercial and
office buildings, single-family, townhouse, and multi -family buildings included
in Exhibit H of the application and attached with the sufficiency letter dated
November 6, 2007
H. Phasing plan map dated September 4, 2007
I. PUD boundary map dated August 6, 2007
J. Buffer plans for the following areas as modified by condition 11:
Highway 93 North
Whitefish Stage Road
Perimeter landscape buffer
K. Sign Plan contained in Exhibit H of the application as amended by condition 14
L. Open Space ownership map with maintenance of the open space areas per
condition 9
M . Park plan
N. Conceptual Access easement for lots 23 through 28 of Block IV of phase 1
O. Conceptual lot layout plans for single-family and townhomes except that all
townhome development shall incorporate alleys
P. Streetscape plan for the lifestyle center
4. The following access points or road connections shall be incorporated into the
design of future phases of the project:
51
A. Six 60-foot local right-of-ways typically 2 per quarter section along the 3
northerly quarter sections of the project site allowing an average spacing of a
street every 560-660 feet shall be provided.
B. A minimum of one 60-foot local road right-of-way along the residential block
adjacent to tracts 1 and 2 of Certificate of Survey 15221 to provide access to
these properties western boundary.
C. Two 60-foot local road right-of-ways for assessor's tract 2BA. One road right-
of-way shall be located on the western boundary and the other along the
northern boundary for access onto the future Lake McDonald Road.
D. A roadway connection shall be provided between the residential portion of
phase 3 and phase 4, located north of Rose Crossing.
E. A minimum of three 60-foot road right-of-ways to connect with the Semitool
property located to the east of phase 2 and south of phase 5. One of the
roadway connections shall be located from Many Glacier Road east to the
Semitool property in the area of the BPA easement. The other two road right-
of-ways shall be located between phase 5 and assessor's tracts 3E and 3A.
5. A minimum of 72.3 acres of developed open space and parkland shall be provided
within the Glacier Town Center subdivision less any additional required right-of-
ways for local roads and Highway 93 created by the conditions.
6. The developer shall provide the Parks and Recreation Department with a detailed
park improvement plan and layout for the central park proposed in phase 1 and
the park areas in phases 4 and 5. The park improvement plan shall include but
not be limited to walkways, turf, irrigation, landscaping, security lighting,
children's play equipment, benches, trash receptacles, drinking fountains, where
appropriate, and hard surface play areas to include tennis and/or basketball
courts. The plan shall be reviewed and approved by the Parks and Recreation
Department in conjunction with the Police Department for the security lighting.
7. The developer shall provide minor amenities (i.e. parking lot, trails, benches,
picnic tables, trash receptacles) within the open space area adjacent to the
Stillwater River. A plan of these amenities shall be provided to the Parks and
Recreation Department and Montana Department of Fish, Wildlife and Parks for
review and approval.
8. A pedestrian/ bike path plan shall be provided to the Parks and Recreation
Department and Police Department which includes the pathway width,
construction materials, and security lighting for the paths located throughout the
Glacier Town Center subdivision. Specifications for the bike path construction will
be determined by the Parks and Recreation Department with recommendations
provided by the Montana Department of Fish, Wildlife and Parks in areas where
the path comes within 200 feet of the high water line of the Stillwater River.
9. The pedestrian/bike path shall be improved in accordance with the approved plan
prior to the final plat of each phase of the project. The parks shall be dedicated
52
and improved in accordance with an approved plan by the Parks and Recreation
Department pursuant to the following phasing plan:
A. Phase 1: The central park shown on the preliminary plat shall be dedicated
to the City of Kalispell and improved
B. Phase 2: the 7 acres of open space along the Stillwater River shall be
dedicated to the City of Kalispell and improved
C. Phase 4: A minimum 2.7 acre park shall be dedicated to the City of Kalispell
and improved
D. Phase 5: A minimum 2.3 acre park shall be dedicated to the City of Kalispell
and improved
Note: The City of Kalispell Parks and Recreation Department will maintain the
parks in phases 1, 2, 4, and 5 listed above. A property owners association shall be
created for the maintenance of all other open space areas on the project site.
10. A park maintenance district shall be formed in accordance with section 7-12-4001
MCA incorporating all the lots, commercial and residential, within the Glacier
Town Center subdivision. The taxes levied within the maintenance district shall
be determined by the Parks and Recreation Department with approvals by the
Kalispell City Council. Such a district shall become effective upon recording the
final plat of phases 1-5 of the Glacier Town Center subdivision.
11. The landscaping and irrigation plans for the buffer areas along Highway 93 North
and Whitefish Stage Road shall be reviewed and approved by the Parks and
Recreation Department. Landscaping within the perimeter buffer areas of the
project site may require irrigation where appropriate as determined by the
developer and the Parks and Recreation Department. The buffer areas shall be
developed as follows:
A. Highway 93 North buffer shall include an irrigated landscaping corridor
with undulating topography and have a mix of tree plantings with a ground
cover predominately of lawn.
B. Whitefish Stage Road shall include an irrigated landscaping corridor with
undulating topography with landscaped berms a minimum of 5 feet in
height from grade and have a mix of tree plantings with a ground cover
predominately of lawn.
C. The perimeter buffer shall include a landscaped corridor with a minimum
width of 20 feet and have a mix of tree plantings with a ground cover.
Buildings shall be located a minimum of 20 feet from the edge of the
bike/pedestrian trail.
The approved irrigation and landscaping plans shall be installed prior to final plat
of the respective phase where the buffer is located. Round river rock 1 "-3" in
diameter is not an appropriate landscape material. Note: Due to seasonal
changes bonding is permitted for the approved landscaping/irrigation plans.
12. The following road intersections shall include engineered roundabouts as part of
phase 1 as shown on the conceptual traffic diagram for the Glacier Town Center:
Sweet Meadow Lane and Many Glacier Road
• Many Glacier Road and the roadway serving phase 3.
53
• Two roundabouts along Rose Crossing at intersections to be determined by
the traffic impact study with input from the Public Works Department.
13. The developer shall work with Eagle Transit to establish bus stop locations
throughout the project site. The approved bus stop locations shall be included on
the final PUD plan as referenced in condition 2. Bus stop locations shall be
improved in accordance with Eagle Transit's requirements. These improvements
may include a bus shelter.
14. The signs within the Glacier Town Center shall adhere to the sign plans proposed
in the application and referenced in condition 3.K subject to the following
conditions:
A. Two freestanding signs designated 1.1 of Exhibit H of the application shall be
located east of the 100 foot buffer area along Highway 93 North. The signs
shall be located at the intersection of Rose Crossing and Highway 93 and the
intersection of Sweet Meadows Lane and Highway 93. The use of message
boards shall be prohibited.
B . One monument sign designated 2.1 of Exhibit H of the application shall be
located along the eastern edge of the 100 foot buffer area along Highway 93
North.
C. All other detached signs shall be monument signs within the Glacier Town
Center Commercial PUD . A monument sign is defined as a freestanding, self-
supporting sign, supported by columns and a base, which is placed at ground
level, and not attached to any building wall, fence or other structure.
Monument signs shall have a maximum building envelope of 6'x6' including
architectural embellishments. An example of a monument sign is provided in
Exhibit H of the Glacier Town Center application, entry monument sign 2.1.
D. Signage on lots 6-10 of Block II and lots 11-16 of Block III of phase 1 shall be
limited as follows:
i. All monument signs shall be located along the eastern boundary of the lot
adjacent to the internal subdivision road.
ii. Wall sign area for the west, south and north facing walls of the building
shall be limited to a total of 50% of the total sign area allowed for the lot.
15. The maximum building height for the out parcels adjacent to Highway 93 North,
lots 6-10 of Block II and lots 11-16 of Block III of Phase 1, shall be 27 feet.
16. Buildings located on the out parcels adjacent to Highway 93 North, lots 6-10 of
Block II and lots 11-16 of Block III of Phase 1, and the area designated as B-1
along Whitefish Stage Road in phase 4 shall include four sided architecture in
their building design.
17. The single-family residential lots shall use either an alley loaded design or design
the house with a minimum garage setback of 10 feet from the front wall of the
house.
54
18. The traffic impact study for the project site shall be reviewed and approved by the
Public Works Department and 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.
19. A detailed plan to screen the lift stations within the project site shall be reviewed
and approved by the Parks and Recreation Department and Public Works
Department as part of the preliminary plat. Screening of the lift station shall
include either enclosing the lift station within a building or the use of fencing and
landscaping.
20. Prior to submitting a preliminary plat for phases 2 and 3 the developer shall contact
the Department of Military Affairs and work with them to come up with a suitable
plan to buffer the anticipated residential land uses adjacent to the existing National
Guard facility.
21. If lot 37 of phase 1 reverts back to the developer, the developer shall be required to
amend the PUD plan and propose a use compatible with the existing and proposed
uses in the area. No building permits shall be issued on the lot until the amended
PUD plan is approved by the city council
22. A minimum of two-thirds of the necessary public infrastructure for residential
subdivisions on the Glacier Town Center site shall be completed prior to final plat
submittal for each residential phase and that both the water and sewer systems
serving the residential phase be operational.
23. The first phase shall be filed within three years of approval of the effective date of
this PUD. Each successive phase shall be filed within two years of final plat
approval of the previous phase. In all events, each phase shall be freestanding in
terms of public infrastructure, services, parks and open space. The city council
may grant successive one year extension for each phase of the project. A request
for a one year extension must be made a minimum of 60 days prior to the
expiration date of the phase.
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.
25. The center access off of Highway 93 serving phase 1 shall be reduced from a 110
foot private road right-of-way to a 50 foot private road right-of-way. It shall be
designed with 2 way - 2 lane design with a right in - right out access. The road
design shall support a 5 foot sidewalk and a minimum 5 foot landscaped
boulevard on both sides.
26. The applicant shall reserve lots 15 and 16 at the intersection of Rose Crossing and
Highway 93 for a period not to exceed three years from preliminary plat approval
for phase 1 for the purpose of allowing the city to undertake in concert with MDOT
a corridor preservation study. If a junior interchange is recommended, the
55
applicant shall reserve the necessary land. If the study is not pursued or if the
study concludes a junior interchange is not feasible, the restriction over lots 15
and 16 shall be lifted at that time or three years from preliminary plat approval.
27. Lake McDonald Road shall be extended to the eastern property line of the
proposed 5 acre community center site, shown as lot 37 on the preliminary plat.
Glacier Town Center Phase 1 Subdivision Conditions
General Conditions:
28. 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)
29. 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).
30. 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)).
31. Prior to an 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:
32. New infrastructure required to serve the subdivision shall be constructed in
accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards; 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
56
Design and Construction Standards)
Note: The design of the streets shall be in accordance with the road profiles
approved as part of the Glacier Town Center PUD.
33. 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)
34. The developer shall submit to the Kalispell Public Works Department for review
and approval a storm water drainage report and an engineered drainage plan that
meets the requirements of the current City standards for design and construction.
The report shall include a phased construction schedule showing when detention
facilities will be constructed. Prior to final plat, a certification shall be submitted
to the Public Works Department stating that the drainage plan for the subdivision
has been installed as designed and approved. (Kalispell Design and Construction
Standards)
35. The developer shall submit to the Kalispell Public Works Department prior to
construction, a city storm water management plan for review and approval and a
copy of all documents submitted to Montana Department of Environmental
Quality for the General Permit for Storm Water Discharge Associated with
Construction Activities. (Kalispell Design and Construction Standards)
36. 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)
37. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDOT) for road connections with Highway 93 North, West Reserve
Drive and Whitefish Stage Road. Any necessary improvements at the intersection
of the roadways shall be completed to the satisfaction of the MDOT prior to final
plat approval and MDOT shall so certify this in writing to the city. 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)
38. 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 ire flows shall be installed per City
specifications at approved locations. Minimum ire 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.
57
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 ire 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
flows, hydrant locations, and ire department access.
39. The approved parks improvement plan and bike/pedestrian trail plan shall be
completed prior to the final plat as referenced in conditions 6 and 9 of the PUD.
(Findings of Fact Section D)
40. The 12.3 acre, 1.4 acre, and 3.9 acre open space areas shown on the eastern
boundary of the preliminary plat of phase 1 shall be dedicated to the City of
Kalispell as referenced in condition 9 of the PUD. (Findings of Fact Section D)
41. 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).
42. The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell Fire
Department. A letter shall be obtained from the Kalispell Public Works Department
stating the naming and addressing on the final plat have been reviewed and
approved. (Kalispell Subdivision Regulations, Section 3.09)
43. 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)
44. 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. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
45. 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
0
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))
46. The following note shall be placed on the final plat: "Property owner(s) shall waive
their right to protest the creation of a special improvement district for road
upgrades in the area which are impacted by this subdivision." (Findings of Fact,
Section D - Roads)
On going conditions:
47. Individual driveways are prohibited onto Rose Crossing for lots 16, 19, 20, 21, and
22 of Block II. (Findings of Fact Section D)
48. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
49. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
50. The developer shall comply with Flathead City -County Health Department and the
Montana Department of Environmental Quality's rules, regulations and policies
regarding activities and placement of sewer lines around the existing well on -site.
(Findings of Fact Section C)
59
etoartmn` of Transph W-
November 28, 27
Wayne -Freeman
Director; CTA LandWorks
1 143 Stoneridge Drive
Bozeman M 5971.8
ubjecc. lan'ficatio-n -� MDT Comments concerning the: Glacier Town -Cent
J�r Lvn r
Wayne, I wanted -to claffy the letter dated November 27, 2007. [feel the tone and
statements in the letter could he misunderstood and could lead. to a- nn"sunderstanding .as
to the, Mora Department of Transportation's (MDT) axent status of this
development..
Let me first state that.. NMT has reviewed t-e conceptual design presented to pus on
November 26, 2007 ' and we are approving the conceptual.. desip. There are still multiple
details that Will need to he reviewed and reconciled; but . again we are accepting to the
conceptual plan. -
Regarding paragraph I — MDT is not requiring the developer to build a Junior
Interchange at any of the proposed accesses to US 93. While .MLDT does believe, a Jumor
Interchange could provide increased safety and mobility we do not believeit is
appropriate to require this developer to design and build such improvements. We are Aso
very concerned as to the feasibility of ever establishing a Jr. Interchange in the vicinity of
the proposed accesses. T'herefbre, MDT is acceptable to the understanding that signals
will he installed at accesses (Rose Crossing and and that these signals will be
permanent.
Regarding paragraphs 2 thru 8 -- NMT believes these items will be resolved as we work
through process with the developer. Furthermore, we do not believe these items should
he rm*sunderstood as fatal flaws to the development. The developer has demonstrated a
willingness and commitment to resolve these issues and we are confident a resolution
will be reached.
Paragraph 3.,.Bullet #4- — Clarification, the developer will he required to install the signal
during -construction of the intersection. NMT will work. with the developer to determine
the most appropriate signal operation.
Wayne, I hope this clarifies .DT's status of the development. If you have any questions
Please do not hesitate to call me at 40 - 5 23 - 802.
Sincerely,
Dwane E..Kaile , P.E.
Missoula District Administrator
copies: Torn .lentz, Planning Director, City ofKalispell
Jim Hansz, Public Works.:� irector C tv rof Xaf ispei
Jim Skinner,. Mmiager — Program and poi Analysis Burma
R. Chad Wolford, Wolford Development
Dave Jolly, S-erm'-Fool.
Stephen Herzog .maintenance Chief Kall'spell Area
Danielle Bolan,: Tic and. Safety Burma
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