H4b. Ord 1808 - RR PUDReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1808
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
RESIDENTIAL MIXED USE PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO
BE KNOWN AS ROCKWOOD RANCH PUD, OVER CERTAIN REAL PROPERTY
MORE PARTICULARLY DESCRIBED AS TRACT 1 OF COS 20588 IN THE
NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, R. Ranch Developments, LLC, the owners of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned R-3 and B-1, Residential and Commercial
Business, with a Planned Unit Development overlay to be known as Rockwood
Ranch PUD, on approximately 90 acres of land; and
WHEREAS, the property is currently zoned AG-80, Agricultural, and is located at the southeast
intersection of Three Mile Drive and W. Springcreek, north of Two Mile Drive and
southwest of the Springcreek Estates Subdivision; and
WHEREAS, the petition of R. Ranch Developments, LLC was the subject of a report compiled
by the Kalispell Planning Department, Staff Report #KPUD-18-01, in which the
Kalispell Planning Department evaluated the petition and recommended that a
Planned Unit Development overlay be attached to the above described tract of land
pursuant to Kalispell City Code 72.21.030(2)(b); and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 10,
2018, and recommended that a Planned Unit Development overlay be attached to
approximately 90 acres of land, pursuant to Kalispell City Code 72.21.030(2)(b);
and
WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned
Unit Development overlay to the property, the City Council finds such zoning to
be consistent with the Kalispell Growth Policy — Plan It 2035 and adopts, based
upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board
of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set
forth in Staff Report No. #KPUD-18-01.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by attaching the
property described above with a Planned Unit Development overlay.
SECTION 2. The Planned Unit Development overlay proposed by R. Ranch
Developments, LLC upon the real property described above is hereby
approved subject to the following conditions:
1. The Planned Unit Development for Rockwood Ranch allows the following deviations
from the Kalispell Zoning Ordinance:
a) Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses — Allows
townhomes construction as a permitted use on lots 47, 48, 175-179 and 204-209.
b) Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses — Allows the
construction of an R.V. parking area provided the following:
i. A letter shall be received from B.P.A. indicating approval of the
design/layout of the parking area.
ii. Landscaping that produces a sight -obscuring barrier shall be provided
within the buffer area to the east of the parking area adjacent the residential
properties.
iii. Security fencing shall be a maximum of 6 feet tall with no barb wire or razor
wire. If chain link, or similar, fencing is used it should be vinyl coated black
or green.
iv. Any other use other than storage is prohibited. The offering for sale thereof
of any item from the R.V. parking area is prohibited.
v. Storage within the R.V. parking area shall be limited to residents within the
subdivision.
vi. The repair, construction, or reconstruction of any boat, engine, motor
vehicle, and storage of any fossil fuel storage tank is prohibited.
vii. R.V.'s parked within the parking area shall maintain a minimum 20'
separation from the BPA power lines.
2. The Planned Unit Development for Rockwood Ranch allows the following deviations
from the Kalispell Subdivision Ordinance:
a) Kalispell Subdivision Regulations, Section 28.3.06 Wetlands — Allows for
development within 100-feet of the wetland boundary developed by RESPEC.
3. That the development of the site will be in substantial conformance with the
preliminary plat documents entitled Rockwood Ranch and associated submittal
drawings which shall govern location of the lots, easements, roadways, phasing plan,
covenants and declarations, landscaping, fencing, parkland, uses and pedestrian access
facilities.
4. The preliminary plat approval for the development shall be valid for a period of three
years from the date of approval.
5. 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 that shall be completed and signed by the city and owner prior to the issuance
of a building permit.
6. Architectural renderings for all commercial buildings are required to be submitted to
the Kalispell Architectural Review Committee for review and approval prior to
issuance of a building permit.
7. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, the development shall receive Site Review Committee approval prior to
issuance of the building permit for development within the B-1 Zone.
8. New infrastructure required to serve the subdivision shall be designed and constructed
in accordance with the City of Kalispell's Standards for Design and Construction. 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. Roadways
shall maintain consistent width and not be widened at roadway curves.
9. Water and sewer main extensions shall be designed and constructed in accordance with
the City of Kalispell's Standards for Design and Construction and in compliance with
the city's facilities update and extensions of services plans. This includes plans for
extension of services within and adjacent to the development (Spring Creek and Two
Mile Drive). 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.
10. The sewer for Phases 2-5 shall be designed to connect into the West Side Sewer
Interceptor. This will require a trunk line extension within Rockwood Avenue generally
from the northwest portion of the property (Phase 5) to the southeast portion of the
property (Phase 3). Final design plans shall be reviewed and approved by the Kalispell
Public Works Department prior to final plat of Phase 2.
11. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the
drainage plan for the subdivision has been installed as designed and approved.
12. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy of
all documents submitted to Montana Department of Environmental Quality for the
General Permit for Stormwater Discharge Associated with Construction Activities.
13. Prior to final plat 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.
14. The traffic impact study for the project site shall be reviewed and approved by the
Public Works Department and where appropriate, the Montana Department of
Transportation in order to determine the appropriate mitigation as the project develops.
15. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Three Mile Drive. If any improvements are
necessary at the intersection of the roadways, these improvements shall be completed
to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing
to the city.
16. Prior to final plat all mitigation required as part of the approved traffic impact study
shall be completed. All improvements shall be reviewed and approved by either the
Public Works Department or Montana Department of Transportation. A letter from the
Kalispell Public Works Department or Montana Department of Transportation shall be
submitted stating that all new infrastructure has been accepted by the City of Kalispell
or State of Montana. If infrastructure work has not been accepted, a letter stating that
a proper bond has been accepted for the unfinished work by the appropriate agency is
required.
17. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
18. 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.
19. A park maintenance district shall be formed incorporating all the lots within the
subdivision. The park maintenance district shall not be effective until such time as any
open space or parks are accepted by the city. In this case an assessment would be levied
within the maintenance district to be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
20. A park plan shall be created and approved by the Parks and Recreation Director prior
to final plat of Phase 2. The recreational improvements to the parkland shall be equal
to the fair market value of 5.5-acres of undeveloped land.
21. 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.
22. The following statement shall appear on the final plat: "The undersigned hereby grants
unto each and every person, firm or corporation, whether public or private, providing or
offering to provide telephone, telegraph, electric power, gas, cable television, water or
sewer service to the public, the right to the joint use of an easement for the construction,
maintenance, repair, and removal of their lines and other facilities, in, over, under, and
across each area designated on this plat as "Utility Easement" to have and to hold forever."
Department of Natural Resources and Conservation
(Kalispell Subdivision Regulations, Section 3.21(H))
23. That a minimum of two-thirds of the necessary public infrastructure for this
subdivision shall be completed prior to final plat submittal and that both the water and
sewer systems serving this phase be operational.
24. All utilities shall be placed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for
Design and Construction.
25. The following pubic right-of-way improvements shall be completed at each phase of
the development:
a) Phase 1 — A temporary construction access road shall be constructed from the
western terminus of Phase 1 to West Spring Creek. The temporary access road shall
be all weather and necessary mitigation should be installed to prevent tracking of
mud, rocks, etc. onto W. Spring Creek.
b) Phase 2 — Westland Drive shall be extended to W. Spring Creek and Rockwood
Drive should be extended to Two Mile Drive.
c) Phase 3 — Two Mile Drive shall be updated to city standards along the properties
southern boundary. 15-feet of right-of-way shall be dedicated in order to provide
for an 80-foot arterial road section.
d) Phase 4 — Three Mile Drive and West Spring Creek shall be updated to city
standards along the property boundaries with those roadways. 10-feet of right-of-
way shall be dedicated along Three Mile within the portion not currently with MDT
right-of-way (western portion) in order to provide for an 80-foot arterial road
section. 10-feet of right-of-way shall be dedicated along West Spring Creek in order
to provide for an 80-foot arterial road section.
26. The paths located within Three Mile Drive, Two Mile Drive and W. Spring Creek shall
be maintained by the Rockwood Ranch HOA.
27. The alleyways within the development shall be designated as "private" at time of final
plat.
28. Subdivision signage for the development shall comply with Section 27.22.050(6) of the
Kalispell Zoning Ordinance.
29. A homeowner's association (HOA) shall be formed and established for the common
areas prior to final plat.
30. The developer shall work with Eagle Transit to establish bus stop location(s) within the
Rockwood Ranch PUD. The approved bus stop location(s) shall be included on a
revised PUD plan and submitted with the preliminary plat of phase 5. Bus stop
location(s) shall be improved in accordance with Eagle Transit's requirements, which
may include a bus shelter. This condition is waived if Eagle Transit provides a letter in
writing that it will not serve the development.
31. 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. The mail delivery site shall be installed or bonded for prior to final plat of Phase
1. In addition, the mail delivery site and improvements shall also 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.
SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and
effect.
SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA, THIS 21 ST DAY OF MAY, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk