#5 Spring Prairie PUD Amendment/Bloomstone (2008)Return to:
Kalispell City Clerk
Po Box 1997
Kalispell, MT 59903
1111 1111 Pa
Fees: 9.00
Paula Robinson, Flathead county MT by TM 7/14/100e 3191a AM
ORDINANCE NO. 1635
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE SPRING
PRAIRIE PLANNED UNIT DEVELOPMENT AGREEMENT IN ASSOCIATION WITH
THE CONSTRUCTION AND DEVELOPMENT OF BLOOMSTONE SUBDIVISION.
WHEREAS, the City Council of the City of Kalispell approved the Spring Prairie Planned Unit
Development Agreement on Section 36 on December 3, 2001, and
q WHEREAS, the Spring Prairie Planned Unit Development Agreement was amended on December
151 2003 and on September 19, 2005, and
WHEREAS, it is in the best interests of the City of Kalispell that the Spring Prairie Planned Unit
Development Agreement be amended as set forth below.
Now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of
KALISPELL, MONTA.NA AS FOLLOWS:
SECTION I. That the Spring Prairie Planned Unit Development shall be, upon execution
by the landowner, amended as provided for in said agreement under Section
5, Amendment or Modification of Agreement as follows:
1. The Planned Unit Development for Bloomstone allows the following deviations from the
Kalispell Subdivision Regulations and the Kalispell Zoning ordinance:
A. Kalispell Zoning Ordinance, Section 27.07.040 (1) (Minimum lot area)
Allows the minimum lot area to be reduced from 6,000 square feet to 4,290 square feet for
single-family lots.
B. Kalispell Zoning Ordinance, Section 27.07.040 (2) (Minimum lot width)
Allows the minimum lot width to be reduced from 50 feet to 40 feet for single --family lots.
C. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum building setbacks)
Paee�zof�„o
es:,49.00
Paula Robinson, Flathead County MT by TM 7/14/2008 11:39 AM
Allows zero side yard setbacks for the Z-lots.
D. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Front setback encroachment)
Allows the front setback reduced to 10 feet. Such reduction shall only apply to the single
family residential houses. The multi -family buildings would need to meet the 15-foot
setback provided for in the R-4 zoning district. All garages shall be a minimum of 20 feet
from the front property line except for garages on the Z-lots that are parallel to the
adjacent street. These garage may be within 10 feet of the front property boundary.
E. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Rear setback encroachment)
Allows a 5 foot setback on the z-lots where the lot size is less than 5,000 square feet.
Garages may be constructed within 5 feet of the rear property boundary only if the garage
doors do not face the alley. If garage doors are facing the alley then a minimum of 10 feet
from the property line to the eave of the garage shall be required.
F. Kalispell Zoning Ordinance, Section 27.07.040 (5) (Permitted lot coverage)
Allows an increase to 54% lot coverage on the 6,000 square foot lots and only restricts lot
coverage on the Z-lots as to construction within the required setbacks.
G. Kalispell Zoning Ordinance, Section 27.24.050 (6) (Subdivision identification signs)
Allows an increase in the number and size of subdivision identification signs within the
project. The text and associated graphics for the two primary entry monument signs shall
be a maximum of 35 square feet, 3 '/2 feet tall and 10 feet long. The secondary monument
signs shall have text and associated graphics no larger than 1'/2 feet tall and 5 feet long for
a total of 7 1/2 square feet. The signs shall not exceed 6 feet in height and shall be located
outside of site visibility triangles of the adjacent intersections.
H. Kalispell Subdivision Regulations, Section 3.09 (Streets and Roads —Design Standards)
Allows curb bulbs to be used at the intersection of local streets.
I. Kalispell Subdivision Regulations, Section 3.09 (G) (Streets and Roads —Design
Standards)
.Allows the north/south street in phase 3, shown as Juneberry Street on the conceptual site
plan, to terminate in a private roadway.
J. Kalispell Subdivision Regulations, Section 3.06 (I) (Through lots)
Allows S through lots in phase 2, designated lots 1-8 as shown on the conceptual site plan.
Refer to condition 2.H for fence height.
1111111111111111111iui aa9.�3o„"0
oaula aob;,,son, Flatn.ad CauntF...:,q9 00
�M,e�.M„�q,zooe,1:zaAM
2. The development of the 55.2 acre site shall substantially comply with the following neaps and
elevations submitted as part of the Planned Unit Development application:
A. Conceptual Site Plan, Exhibit A-1
B. Data Table, Exhibit A-2
Note: off-street parking requirements shall meet the Kalispell Zoning ordinance
minimum requirements.
C. Conceptual Phasing Plan, Exhibit D
D. Single Family, Z-lot and Apartment Building elevations
E. Lot Typicals, Exhibits E-1, E-2, E-3, F-1, and F-2
Note: Building setbacks and lot coverage subject to approved PUD conditions. If a lot is
located between a street and alley garages shall be located off of the alley.
F. Conceptual open Space and Landscape Plan, Exhibit H
G. Pedestrian path detail between Bloomstone and Kids Sports complex
H. Conceptual Fencing Plan, Exhibit I
Note: Fencing along Treeline Road shall be a maximum of 3 '/2 feet and fencing on the
north and south sides of phase 3 shall be removed.
1. Conceptual Lighting Plan, Exhibit J-1
Note: All lighting must comply with Kalispell Zoning ordinance
J. Conceptual Entry and Fencing Themes, Exhibits T-1, T-2, T-3, T-4, T--5
K. Conceptual Trail Plan and Detail, Exhibits P-1 and P-2
Note: Trail width shall be determined by the Parks and Recreation Department and trail
construction shall meet city standards.
L. Typical Street Details, Exhibits C -1, 0-2, L-1, L-2, and L-3
Note: All roads shall be designed to meet the city's minimum roadway widths except as
permitted through this PUD. Monument signs shall be located outside of the right-of-
way.
3. Development of the site shall adhere to the Bloomstone conceptual site plan.
Note: The implementation of the conditions may result in the loss of dwelling units.
4. Upon submitting a preliminary plat application for phases 4 and 5 the developer shall provide
further details for the future club house in phase 4 and community center in phase 5. The
details shall include at a minimum the size, elevations, and floor plan of the buildings.
5. Prior to issuance of a building permit for the multifamily units in phases 1, 4 and 5 of the
Bloomstone project, the developer shall provide the city with a trail connection plan for
review and approval. The plan shall illustrate how trails and sidewalks within the
development will connect with existing or future trails or sidewalks.
G. Prior to final plat approval of phase 2 Treeline Road shall be extended to Four Mile Drive.
That portion of Treeline Road from the south boundary of phase 2, south to Four Mile Drive,
shall be unproved to provide an all weather access for emergency vehicles to travel on the
roadway.
Fee:°z49oo10
Paula Robinson, Flathead County MT by im 7/14/200e 11:24 AM
7. Upon submitting a preliminary plat application for phase 2 the developer shall provide the
city with a detailed grading plan and identify those areas that will need a retaining wall over
3 feet for phases 2, 3, 4 and 5 including both the north and south sides of Four Mile Drive.
These walls shall be subject to review by the city's site review committee for aesthetic
purposes. Recommendations for aesthetic treatment of the retaining walls shall be forwarded
on to the planning board and city council for consideration.
Note: The subdivision and roadway grading presented shall be designed and constructed in a
manner that would allow future connection to the properties south of Four Mile Drive be
feasible.
S. The internal streets proposed for the condominium project in phase 5 shall be required to
include sidewalks on both sides unless a deviation from the city's street standards is
requested. Garages for the condominium units shall be required to be a minimum of 20 feet
from the sidewalk or edge of curb to discourage vehicles encroaching on the sidewalk or
street.
9. The 11.3 acres immediately north of Bloomstone shall be shown as R-4/PUD zoned property
under the ownership of the Department of Natural Resources and Conservation (DNRC) on
all future preliminary and final plans unless instructed otherwise by the DNRC or City of
Kalispell.
10. The power, phone, natural gas and cable television lines shall be located within the alley
right-of-way. where an alley is not adjacent to the lot the power, phone, natural gas and
cable television lines shall be located within a separate 5-foot easement outside of the road
right-of-way easement.
11. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to
and during construction of homes on the lots to assure setbacks are being met. Staking for
building foundations shall be offset from the foundation to assure stakes are in place during
and after excavation of the building pad.
12. Condominium or apartment association shall be created for the maintenance of the areas
immediately surrounding the multi -family buildings in phase 1A, 4 and 5.
13. The developer shall provide the Parks and Recreation Department with a park improvement
plan for the two tot lots in phase 1A, health and fitness trail, and one acre park in phase 4. At
a minimum the park improvement plans shall include trails connecting with adjoining trails
or sidewalks, turf, irrigation, and landscaping within the parks and a Ramada for the tot lot in
phase IA. The developer shall provide other park amenities including but not limited to
security lighting, children's play equipment, benches, trash receptacles, and drinking
fountains, where appropriate. The plan shall be reviewed and approved by the Parks and
Recreation Department in conjunction with the Police Department for the security lighting.
14. Prior to the final plat of phase 1A the developer shall provide the city with a cash in lieu
payment of 5.55 acres of land less the area of parkland for phase IA. At the time the city is
ihiiiHiiiuuioimimMiiiuuiuiiuiiiiumnniuuuii ,ae=°sago°,°
Paula Robinson, Flathead County MT by TM 7/14/3006 11:24 AM
prepared to acquire the 11.3 acres of land immediately north of the Bloomstone subdivision,
the remaining 10.52 acres of land shall be provided as a letter of credit for the city to draw
upon. The cash in lieu payment and letter of credit value shall be based on the unimproved fair
market value of the land devoted to lots.
Note: At the time the Department of Natural Resources and Conservation land is acquired
the remaining letter of credit funds shall be drawn upon to complete park improvements per
the schedule approved in the park master plan referenced in condition 15.
15. Prior to preliminary approval of phase 2 the Parks and Recreation Department in cooperation
with the developer shall develop a park master plan for the 11.3 acre land immediately north
of Bloomstone currently owned by the Department of Natural Resources and Conservation.
The plan shall be implemented by the developer in a phasing schedule approved by the city
council with input from the Parks and Recreation Department and planning board.
Note: Development of the 11.3 acre land does not include the construction of a community
center, swimming pool or any other facility not agreed upon in the park master plan.
16. Specifications for the bike/pedestrian trail construction shall meet current city standards with
the width of the trail determined by the Parks and Recreation Department.
17. A park maintenance district shall be formed in accordance with section 7-1 2-4001 MCA
incorporating all the lots within the Bloomstone 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 Bloomstone subdivision.
18. In the event the Homeowners Association fails to maintain its properties, the park
maintenance district program may be initiated by the city to provide maintenance for some or
all of the public or private improvements.
19. The developer shall provide the Parks and Recreation Department a landscaping and
irrigation plan for the common areas within the project site. The approved planting and
irrigation plan shall be installed prior to final plat approval of the respective phase or
appropriate bonding provided.
20. A 3 1/2-foot tall vinyl fence shall be installed by the developer abutting the rear property
boundary of lots 40-46, 59-65, and 99-105 of phase 1A, lots 81A and 80 of phase 1 B, and
lots 28A and lots 1-8 of phase 2. All fencing shall be installed prior to final plat approval of
the pertinent phase.
21. A note shall be placed on the final plat for phases 1A, 1B and 2 prohibiting the property
owners of lots 40-46, 59-65, and 99-105 of phase 1A, lots 81A and 80 of phase 113, and lots
28A and lots 1-8 of phase 2 from installing any additional rear yard fencing.
22. A note shall be placed on the final plat of each phase including alleys stating that the alleys
shall be privately ,maintained.
IIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP°°a°°°'�"°IIIIIIIIIIIIIIIIII96s<9.00
Paula Robinson, Flathead County Mr by TM 7„n,zooa.1:=gaM
23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal for each phase. The minimum of two-thirds of the
necessary infrastructure shall include the extension of water and sewer mains to the site and
the necessary upgrades to the existing sewer lines to transport effluent back to the city
sewage treatment plant.
24. The first phase, phase IA, shall be filed within three years of approval of the effective date of
the preliminary plat of phase IA. 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
one year extensions 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.
25. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
26. A note shall be placed on the final plat of each phase of the development that all owners
shall waive the right to protest an SID to upgrade Four Mile Drive from Stillwater Road
to US Highway 93.
SECTION II. This ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 5TH DAY OF MAY, 2008.
SLOOMSTONE
LEGAL DGESCRIPT�10N OF PROPERTY
That portion of the Southwest 1 /4 of Section 36, Township 29 North, Range 22
West, Principal Meridian, Flathead county, Montana described as follows:
Parcel 3 of Certificate of survey 17217, records of Flathead county, Montana
Containing 55.1acres of land, more or less, and being subject to all
easements ands"or reservations and/or dedications existing, shown, or of record.
IIII�IIINIIINIIIAIIIIIIIIBIIItl1119111AlIIIIIIIdIIIgIIINIII�IIIAIIINIIIdllll a° 000=97
Paula Robin- Flathead County M, byTM ,,.a,zooa7°?4aM