Rockwood Ranch Staff ReportROCKWOOD RANCH
REQEST FOR ANNEXATION AND INITIAL ZONING OF R-3 AND B-1
STAFF REPORT #KA 18-02
REQUEST FOR A PLANNED UNIT DEVELOPMENT
STAFF REPORT #KPUD-18-01
REQUEST FOR MAJOR SUBDIVISION PRELIMINARY PLAT
STAFF REPORT KPP-18-04
KALISPELL PLANNING DEPARTMENT
April 2, 2018
This is a report to the Kalispell City Planning Board and the Kalispell City Council
regarding the request from R. Ranch Developments, LLC to annex a 90-acre property into
the city. Upon annexation the applicant is requesting R-3 and B-1 Zones with a
Residential Mixed Use Planned Unit Development (PUD) zoning overlay and major
subdivision approval for a 48-lot residential subdivision. The property is undeveloped
tract land located at the southeast intersection of Three Mile Drive and W. Springcreek,
north of Two Mile Drive and southwest of the Springcreek Estates Subdivision. A public
hearing has been scheduled before the planning board for April 10, 2018, beginning at
6:00 PM in the Kalispell City Council Chambers. The planning board will forward a
recommendation to the Kalispell City Council for final action.
A. Petitioner and Owners: R. Ranch Developments
8365 SW 89TH Avenue
Portland, OR 97223
(406) 249-7317
Technical Assistance: WGM Group
431 1 st Avenue East
Kalispell, MT 59901
B. Background Information: R. Ranch Developments, LLC is requesting permission to
annex a 90-acre property into the city. Upon annexation the applicant is requesting
a R-3 and B-1 Zones with a Residential Mixed Use Planned Unit Development (PUD)
zoning overlay and major subdivision approval for a residential subdivision. The
development will consist of 203 single-family lots and 26 townhouse lots for a total
of 229 units, 3.2-acres of neighborhood commercial, developed park, wetland
conservation, dog park, trail and R.V. parking storage.
Annexation and Initial Zoning - The subject property will be annexed under
the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation
by Petition. Upon annexation by the city, the property will be served by city
police, fire and have access to city sewer and water services. The applicant
is requesting that the zoning for the property be R-3 and B-1. The initial
city zoning classification will be reviewed in accordance with Section
27.03.010(4) of the Kalispell Zoning Ordinance and the itemized criteria
described by 76-2-304, M.C.A.
Planned Unit Development Overlay Zone - A Residential Mixed Use PUD
will function in concert with the R-3 and 13-1 Zones to provide a
comprehensive, integrated development plan providing flexibility of
architectural design, density as well as the option to mix land uses. In this
case the development is seeking 3.2-acres of neighborhood commercial use
at the intersection of Three Mile Drive and W. Springcreek, two-family
residential and single-family residential housing. The PUD will be reviewed
in accordance with Section 27.19.020(4) of the Kalispell Zoning Ordinance.
Major Subdivision Preliminary Plat - The applicant is requesting a major
subdivision on 18-acres of the 90-acre property into 48 residential lots. The
proposed subdivision is the first phase of five (5) subdivision phases. The
application will be reviewed in accordance with Section 28.2.06 of the
Kalispell Subdivision Regulations.
C. Location and Legal Description of Property: The property is undeveloped tract
land located at the southeast intersection of Three Mile Drive and W. Springcreek,
north of Two Mile Drive and southwest of the Springcreek Estates Subdivision. The
property can be legally described as Tract 1 of COS 20588 in the NW4, Section 11,
Township 28N, Range 22W, P.M.M., Flathead County, Montana.
D. Size: The property proposed for annexation is 89.4-acres.
E. Existing Land Use and Zoning: The subject property is generally undeveloped farm
land and includes a 200 foot wide B.P.A. easement (13-acres) and several sets of
towers. This property is under Flathead County jurisdiction and is part of the West
Valley Zoning District, or West Valley Overlay (WVO), which is currently zoned AG-
80, Agricultural. The AG-80, Agricultural, a zoning has an 80-acre minimum lot size
requirement. The purpose of the AG-80 Zoning District is to protect and preserve
agricultural land for the performance of a wide range of agricultural functions. It is
intended to control the scattered intrusion of uses not compatible with an
agricultural environment, including, but not limited to, residential development.
F. Adjacent Land Uses:
North: Single-family homes within the City of Kalispell (Mountain Vista)
East: Single-family homes within the City of Kalispell (Spring Creek Estates)
and single-family homes within the county Aspen Knoll Subdivision
South: Single-family homes on large tract land
West: Agriculture lands and single-family homes
G. Adjacent Zoning:
North:
City R-2/PUD and County AG-20
East:
City R-3 and County R-1
South:
County R-1
West:
County SAG-10 WVO
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H. Proposed Zoning: The proposed zoning of the subject property is City R-3 and City
B-1 with a Residential Mixed Use PUD zoning overlay. The PUD functions in concert
with the R-3 and B-1 Zone to provide a comprehensive, integrated development plan.
In this case the development is seeking 3.2-acres of neighborhood commercial use at
the intersection of Three Mile Drive and W. Springcreek, two-family residential and
single-family residential housing. The zoning will be further outlined in this report.
I. General Land Use Character: The area can be described as a transitional area with
city residential development to the north and east of the project site. The residential
densities vary greatly in the area as it continues to develop from rural residential
and agriculture uses to urban residential uses. To the south and west of the project
site lies areas within the county that are still either large lot residential tracts or
unimproved agriculture lands. City annexations and subsequent residential
development along Three Mile Drive has transitioned that corridor into a more urban
land use. City subdivisions along Three Mile Drive include Mountain Vista, Spring
Creek Estates, Cottonwood Park, Blue Heron, Empire Estates and Aspen Creek,
which have all developed in close proximity of the proposed development. Aspen
Knoll, Two Mile Tracts, Big Sky Homesites and Hillcrest Terrace are larger lot county
residential subdivisions that have developed along Two Mile in close proximity to the
proposed development. The area clearly has a residential demand based off of the
land use pattern in the area and the proposed use would be considered a
continuation of that pattern which has taken advantage of the increased services in
the area, including water, sewer and the bypass.
J. Utilities and Public Services: Existing city infrastructure in this area includes city
water and sewer lines within Spring Creek Estates and Mountain Vista.
Additionally, the West Side Sewer Interceptor will be constructed through the
subject property in the coming months. The West Side Sewer Interceptor will
provide adequate sewer capacity for this development and for development on the
north end of town.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
Century'Tel
Schools:
School District # 1, West Valley Elementary
Fire:
City of Kalispell Fire Department
Police:
City of Kalispell Police Department
I. ANNEXATION EVALUATION
1. Compliance with the rowth polio
Two primary mechanisms for managing growth in the City of Kalispell exist which
are to rely on redevelopment and infill within the current city limits or annexation
of outlying areas. A goal of the growth policy is to provide a comprehensive,
effective growth management plan that provides for all the needs of the
community, is adaptable to changing trends and is attuned to the overall public
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welfare. The City of Kalispell Growth Policy Plan -It 2035 contains the following
goals that are relevant to this particular annexation request:
Chapter 3, Community Growth and Design:
Goal: Encourage housing types that provide housing for all income sectors
and income levels within the community.
Recommendation: Maintain a municipal annexation program in
conjunction with the City of Kalispell water, sewer and storm drainage
systems facility plan to address service to fringe developments.
Chapter 4, Land Use - Housing:
Goal: Provide an adequate supply and mix of housing that meets the needs
of present and future residents in terms of cost, type, design and location.
Chapter 4, Land Use - Business and Industry:
Policy, La.: Establish neighborhood commercial areas designed to provide
convenient goods and services that address the daily needs of the
immediate neighborhood.
Chapter 9, Infrastructure and Public Services:
Goal: Make public water and sewer available to areas that are in close
proximity to services as directed by the extension of services plan.
Policy: Annexation to the City of Kalispell should be required when water
and sewer services are extended to an unincorporated area.
In addition, to the three cited goals,
in 2011, with a corresponding mal
document. The purpose of the ani
the council, and the development
outside of the city limits are reque
property proposed for annexatioi
boundary.
2. Municipal Services:
the city council adopted an annexation policy
as an addendum to the city's growth policy
Lexation policy is to give the planning board,
community direction when property owners
sting municipal services and annexation. The
falls inside the city's direct annexation
Municipal sewer and water mains, are located within the vicinity of the property
to the north, east and south and can be readily extended by the applicant to serve
the site when the property undergoes development.
The site is currently protected by the West Valley Fire District and the Flathead
County Sheriffs office. The applicant has submitted a Notice of Withdrawal from
Rural Fire District. At the time of annexation, the property will be served by the
Kalispell Fire Department and Kalispell Police Department. The site lies within
3.3 miles of fire station 62 and is readily serviceable by the city fire, police and
ambulance services all of which now respond to the immediately adjacent
neighborhoods within the city.
Given the level of existing services available to and in place, annexation of the
property will not overburden the municipal services in place.
3. Distance from current city limits:
The subject property is bordering city limits on its northern and eastern property
boundaries, thus annexation will serve to be a logical expansion of the existing
city limits.
4. Cost of services:
Once annexed to the city, full city services will be made available to the property
owner. Any necessary infrastructure associated with this development will be
required to be constructed in accordance with the City of Kalispell's Design and
Construction standards and any other development policies, regulations or
ordinances that may apply. If annexed, the property owner will be extending and
connecting to city sewer and water at the time of development.
The analysis is only an estimate based on a variety of assumptions. The analysis
does not take into consideration changes in methods of assessment and estimated
costs associated with services. The information can only be used as a general
estimate of the anticipated cost of services and revenue.
The cost to serve the land proposed for annexation is shown in the attached cost
of service analysis - Initial Annexation. Currently, the subject property is vacant
land and there will be no services provided to the property. Based on the city's
taxation and assessment policies, the property will generate approximately
$11,842.56 in taxes and $2,288.27 in assessments. Based on this analysis, the
annexation will be net gain to the city of $14,130.83.
The cost to serve the development of the project is shown in the attached cost of
service analysis - 100% buildout of 229 residential units. Based on the city's
taxation and assessment policies, the property will generate approximately
$184,563 in taxes and $57,083 in assessments. Cost of services for the property
is approximately $254,875. Based on this analysis, the project will be a net loss to
the city of $13,229. In addition the city will collect $2,138,860 in one time impact
fees. It should be noted that the commercial component to the subdivision was
not included in the full-buildout, as we don't know how that property will develop.
It is likely that once the commercial component to the property is developed the
net loss will be reduced to the point that it will likely become a net gain to the
city, as the commercial component will require less services and generates more
tax revenue.
II. EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING AND
PROPOSED PUD OVERLAY
This report evaluates the appropriate assignment of a city zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The
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property owner has petitioned for annexation and initial zoning classification of
city R-3 (Residential) and B-1 (Neighborhood Business) with a Residential Mixed
Use PUD zoning overlay to accommodate the development. The site is currently
zoned county AG-80 WVO.
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 27.29.020, Kalispell Zoning
Ordinance.
1. Does the requested zone comply with the growth policy?
Chapter 27.06 of the Kalispell Zoning Ordinance states that the R-3 Zoning District
would typically be found in areas designated as Suburban Residential on the
Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Future
Land Use Map designates the subject property as Suburban Residential on a
majority of the property and Neighborhood Commercial/High Density Residential at
the intersection of Three Mile Drive and W. Spring Creek. The Kalispell Growth
Policy Plan -IT 2035 states that the Suburban Residential land use category would
be develop at densities not to exceed four (4) dwelling units per acre. The acreage
considered for residential development shall exclude commercial property and lands
not suitable for development, i.e. - wetlands and BPA easement. After subtracting
the 3.2-acres proposed as B-1, 13.28-acre BPA easement, and 10-acre wetland
there is 62.92 acres of developable land, which equates to 3.53 units/acre, well
within the allowable density planned for the property.
Chapter 27.12 of the Kalispell Zoning Ordinance states that the B-1 Zoning
District would typically be found in areas designated as Neighborhood
Commercial on the Kalispell Growth Policy Future Land Use Map. The Kalispell
Growth Policy Future Land Use Map designates the subject property as
Neighborhood Commercial in the area where the proposed B-1 Zone would be
located. As mentioned previously, the Kalispell Growth Policy Plan -It 2035 states
the following in this regards:
Chapter 4, Land Use - Business and Industry:
Policy, l.a.: Establish neighborhood commercial areas designed to provide
convenient goods and services that address the daily needs of the
immediate neighborhood.
Additionally, the Growth Policy also states that Neighborhood Commercial area
would generally be 3-5 acres in size. The proposed B-1 Zone is 3.2-acre in size
meeting that threshold. The B-1 Zoning will provide for an area that the
neighboring residential developments can have access to services that address
their daily needs without having to make prolonged trips into other areas of the
city. The B-1 Zoning will be in close enough proximity that it will be accessible for
pedestrians and cyclists, reducing overall vehicle trips throughout the
community. Lastly, the 13-1 Zone meets the city's goal of providing adequate areas
in the community for commercial development that meets the needs of present
and future business in terms of cost, type, design and location.
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A Residential Mixed Use PUD will function in concert with the R-3 and B-1 Zones
to provide a comprehensive, integrated development plan providing flexibility of
architectural design, density as well as the option to mix land uses. In this case,
the development is seeking 3.2-acres of neighborhood commercial use at the
intersection of Three Mile Drive and W. Springcreek, two-family residential and
single-family residential housing. The Growth Policy states that a variety of
housing types and compatible land uses are encouraged in residential areas and
should be designed to fit the scale and character of the neighborhood. Where
necessary developers should utilize the Planned Unit Development Process to
craft development proposals that are both innovative and creative, while
maintaining the values of the community. The requested Residential Mixed Use
PUD request is further outlined in Section 3 below.
Based on the above discussion, the requested zoning districts can be found to
comply with the Suburban Residential and Neighborhood Commercial land use
designations. The proposed zoning. implements the policies regarding housing and
commercial development as found in Chapter 4 of the Kalispell Growth Policy
Plan -It 2035. Further growth policy compliance is outlined in this report for
specific aspects of the project.
2. Is the requested zone designed to lessen congestion in the streets?
The B-1 Zoning will provide for an area that the neighboring residential
developments can have access to services that address their daily needs without
having to make prolonged trips into other areas of the city. The B-1 Zoning will be
in close enough proximity that it will be accessible for pedestrians and cyclists,
reducing overall vehicle trips throughout the community. Additionally, a traffic
impact study for the development was completed by WGM Group. The traffic
study was prepared using standard techniques to forecast traffic volumes and
operations at the proposed site access points and 11 nearby study intersections.
Capacity analysis was presented with both with and without the traffic generated
by the proposed subdivision to determine what impact the proposal will have on
traffic operations. The analysis concluded that the road network will continue to
operate with good level of service and the study did not identify any unusual
safety issues. The study concluded that no changes to the roadway network are
required as a result of the proposed development. Upon submitting the project to
Public Works for review, the traffic study will be further evaluated by staff to
determine compliance with city standards. City standards require that the level of
service be maintained at pre development levels.
3. Will the requested zone secure safety from fire, panic, and other danigers?
At the time this property is developed, the property owners 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. All municipal services including police and fire protection,
water and sewer service is available to the property. The site is within the
immediate service area of the north Kalispell fire station.
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4. Will the requested zone promote the health, safety and j4eneral welfare?
The requested zoning classification will promote the health and general welfare by
restricting land uses to those which would be consistent with the city's growth
policy map and provide a place for new residential and commercial uses to locate
within city limits. Additionally, the development has an HOA that will further limit
uses within the development and create standards in order to further promote
health, safety and general welfare of the residents.
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 to insure adequate light and air is
provided. The requested PUD zoning does not deviate from the R-3 and B-1 zoning
standards as far as setbacks, height and lot coverage are concerned.
6. Will the requested zone prevent the overcrowding of land?
As previously noted, this area has been anticipated for Suburban Residential and
Neighborhood Commercial. The anticipated densities of the proposed zoning district
can be found to be consistent with the land use designation for the 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.
7. Will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will result with
the approval of the requested PUD. 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.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Municipal water and sewer and city streets can be extended to the property from
the Spring Creek Estates subdivision. Additionally, the West Side Interceptor is
being constructed through the property. The water and sewer lines have been sized
to accommodate this development. The developer would need to extend the needed
city services that are not currently in place at the developers' expense in accordance
with the city's policies and standards.
New improvements to the property such as roads, water, sewer and drainage would
be installed in accordance with city policies and standards at the developers'
expense prior to subdivision approval thereby insuring that there is adequate
provision of services at the site prior to development. Fire, police, ambulance and
public access are adequate to accommodate potential impacts associated with the
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development of this site. There will be impacts to services that can be anticipated
as a result of this proposal which can be met by the city. All public services and
facilities are currently available or can be provided to the property.
9. Does the requested zone j4ive consideration to the particular suitability of the
property for particular uses?
As outlined earlier, the requested zones of R-3 and B-1 with a PUD overlay are the
appropriate designations for the growth policy land uses assigned to the property on
the Kalispell Growth Policy Future Land Use Map. The growth policy map is a long-
range planning document providing guidance to the city on how specific areas of
the city should develop over time. The requested zones are in compliance with the
growth policy and the city anticipated the property would develop in the requested
manner. Based on the proposed uses and densities of the PUD, the requested
zoning does give consideration to the particular suitability of the property for the
particular uses.
10. Does the requested zone dive reasonable consideration to the character of the
district?
The neighborhood immediately to the east and north of the subject property has
developed very similarly to the requested development. Spring Creek Estates
immediately to the east is also located within the R-3 Zone, which has the same
standards as the proposed development, as its primary zoning will also be R-3. The
proposed zoning allows this development to address needs within the community
for a variety of housing types in reasonable proximity to the city core and future
commercial and residential development. 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. The proposed zoning and PUD master plan of the
property gives reasonable consideration to the character of the district, as it is
similar to existing developments in the area.
11. Will the proposed zone conserve the value of buildings?
City standards and HOA covenants will insure that there is high quality
development. This in turn will maintain the value of buildings and homes in the
area.
12. Will the requested zone encourage the most appropriate use of the land throughout
the municipality
Suburban residential development is encouraged in areas were services and
facilities are available or can be extended to serve developments such as the
proposed request. When the city council adopted the growth policy map for this
area and designated the 90-acre project site as Suburban Residential and
Neighborhood Commercial, the council determined that this type of development
was the most appropriate use of this land.
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III. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Project Narrative: Rockwood Ranch is requesting a Residential Mixed Use PUD on
approximately 90-acres. The Residential Mixed Use PUD will function in concert with the
R-3 and 13-1 Zones. In this case, the development is seeking 3.2-acres of neighborhood
commercial, which will be within the 13-1 Zone. The remaining 86.2-acres will be zoned
R-3 for the development of two-family and single-family residential housing, developed
park, wetland conservation, dog park, trail and R.V. parking storage.
Section 27.19.030(4), Residential Mixed Use PUD, has the following standards applicable
to this application:
a) The minimum size is 5 acres of developable area.
The project site is 90-acres.
b) A residential mixed use PUD may be established in areas zoned R-1
through R-5, RA-1, RA-2, B-1, P-1 and H-1.
The requested zones are R-3 and B-1.
c) The predominant land use character of the PUD must be residential;
commercial uses should primarily be sized and located to address the needs of
the immediate neighborhood.
The majority of the property is either residential, BPA easement, wetland or
improved park area. The B-1 /Neighborhood Commercial component of the
development is only 3.2-acres of the 90-acre site
d) The residential uses and densities appropriate to a mixed use PUD are
the same as those permitted in a residential PUD.
Section 27.19.030(2)(4) states that the R-3 PUD can be developed at a maximum
density of 4 dwelling units per developable acre. The property is being developed at
3.53 dwelling units per acre.
e) Commercial uses appropriate to a mixed use PUD are the same as those
permitted in a commercial PUD.
Commercial PUD's must be a minimum of 2-acres in size and established in the B-1-
B-5, P-1 and H-1 Zones. The commercial component to the project is 3.2-acres in size
and within the B-1 Zone.
fl Incompatible industrial and commercial uses are not permitted.
The B-1 Zone is a Neighborhood Commercial Zone and has use limitations and
standards appropriate for neighboring residential uses.
g) The combined area of all commercial/industrial lots cannot exceed 35%
of the developable area.
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The B-1 Zone encompasses 5% of the developable area.
The PUD overlay would allow for a small number of deviations from the Kalispell Zoning
and Subdivision Ordinances in regards to allowable uses for Rockwood Ranch to
implement its master site plan. The PUD would serve as a zoning overlay district for the
entire 90-acre site. It will function in concert with the underlying zones of R-3 and B-1.
In order to allow the design of the future development shown as part of the application,
the proposed PUD seeks deviations from the underlying zoning designations of R-3 and
B-1 in the following ways:
Section 27.06.020 Permitted Uses - Townhouse development within the R-3 Zone
requires a conditional use permit. This deviation would allow for construction of
townhomes within the development as a "permitted use." The result of this request
would mean that ultimate approval of all the townhomes would not require public
review, i.e. - Planning Board and Council approval. The development has 13 townhouse
lots (47, 48, 175-179 and 204-209) that will total 26 units once developed. Townhouse
development is not out of character for city development within the area as Mountain
Vista immediately north of the subject property has townhomes. To clarify, this deviation
would allow for a townhouse on a 6,000 square foot lot, which is the minimum lot size in
the R-3 Zone. It should be noted that the developer is not proposing any lots smaller
than 6,600 feet.
Section 27.06.020 Permitted Uses - The master site plan shows a paved R.V. parking
area under the B.P.A. easement. This deviation would allow for the R.V. parking area as
a permitted use within the development. R.V. storage is typically reserved for commercial
and industrial zones. The allowance of the R.V. parking would enable the residents
within the development the ability to store their R.Ws in a designated area, rather than
on their property or pay for storage. The R.V. parking area makes use of the B.P.A.
easement, which is an undevelopable area. The R.V. parking area is buffered from the
neighboring residential development to the east via a .6-acre buffer strip that can be
landscaped to obscure the R.V. parking area. Staff supports the R.V. parking area
provided the following:
a. A letter shall be received from B.P.A. indicating approval of the
design/layout of the parking area.
b. 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.
c. 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.
d. Any other use other than storage is prohibited. The offering for sale thereof
of any item from the R.V. parking area is prohibited.
e. Storage within the R.V. parking area shall be limited to residents within the
subdivision.
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f. The repair, construction, or reconstruction of any boat, engine, motor
vehicle, and storage of any fossil fuel storage tank is prohibited.
g. R.V.'s parked within the parking area shall maintain a minimum 20'
separation from the BPA power lines.
Section 28.3.06 of the Kalispell Subdivision Regulations state that a 100-foot setback be
provided around the entire wetland or that portion of which the property to be
subdivided. A wetland delineation report was conducted by RESPEC in August, 2017.
The study did determine that there is 10-acres of wetlands on the property from an
unnamed tributary to Ashley Creek. The study included a mapped boundary of the
wetland. Per the report the mapped area is considered "Waters of the States," where the
U.S. Army Corps has jurisdictional authority. The developer contracted the study in
order to establish the wetland boundary in order to proceed with development designs. It
should be noted that the area designated as wetland from the RESPEC report is NOT
designated "wetland" within the Kalispell Growth Policy - Resources and Analysis,
wetland map exhibit 7.4. The proposed PUD layout is completely out of the wetland and
follows the natural topographical boundary east of the wetland where the property is
already disturbed following decades of agricultural use. The property is located within
the 100-foot setback of the report generated by RESPEC. The HOA covenants for the
subdivision indicate the developer's desire to conserve the wetland in its natural state.
Although the development is permitted some development rights within the riparian area
for recreation use, per Article V of the HOA the development is choosing to maintain the
area in its natural state.
IV. Criteria for the Creation of a Planned Unit Development (PUD) District
The intent of the PUD district is to serve as an overlay zoning district. The Kalispell
Zoning Ordinance describes the intent of a PUD district as follows: "The district shall
function in concert with one or more of the underlying zones to provide a
comprehensive, integrated development plan which will serve to modify the underlying
zone and, where appropriate, subdivision standards with the intent of providing
flexibility of architectural design and density as well as providing the option to mix land
uses and densities while preserving and enhancing the integrity and environmental
values of an area."
Sections 27.19.020(4) of the zoning regulations provide that the Kalispell City Planning
Board and Kalispell City Council shall review the PUD application based on the following
criteria:
Review of Application Based Upon PUD Evaluation Criteria:
A. The compliance of the proposed PUD with the city growth policy and in
particular density and use policies of the plan:
As mentioned previously, chapter 27.06 of the Kalispell Zoning Ordinance states that the
R-3 Zoning District would typically be found in areas designated as Suburban Residential
on the Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Future
Land Use Map designates the subject property as Suburban Residential on a majority of
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the property and Neighborhood Commercial/High Density Residential at the intersection
of Three Mile Drive and W. Spring Creek. The Kalispell Growth Policy Plan -IT 2035 states
that the Suburban Residential land use category would be develop at densities not to
exceed four (4) dwelling units per acre. The acreage considered for residential development
shall exclude commercial property and lands not suitable for development, i.e. - wetlands
and BPA easement. After subtracting the 3.2-acres proposed as B-1, 13.28-acre BPA
easement and 10-acre wetland there is 62.92 acres of developable land, which equates to
3.53 units/acre, well within the allowable density planned for the property.
Chapter 27.12 of the Kalispell Zoning Ordinance states that the B-1 Zoning District
would typically be found in areas designated as Neighborhood Commercial on the
Kalispell Growth Policy Future Land Use Map. The Kalispell Growth Policy Future Land
Use Map designates the subject property as Neighborhood Commercial in the area where
the proposed 13-1 Zone would be located. As mentioned previously, the Kalispell Growth
Policy Plan -It 2035 states the following in this regards:
Chapter 4, Land Use - Business and Industry:
Policy, La.: Establish neighborhood commercial areas designed to provide convenient
goods and services that address the daily needs of the immediate neighborhood.
Additionally, the Growth Policy also states that Neighborhood Commercial area would
generally be 3-5 acres in size. The proposed B-1 Zone is 3.2-acre in size meeting that
threshold. The 13-1 Zoning will provide for an area that the neighboring residential
developments can have access to services that address their daily needs without having
to make prolonged trips into other areas of the city. The 13-1 Zoning will be in close
enough proximity that it will be accessible for pedestrians and cyclists, reducing overall
vehicle trips throughout the community. Lastly, the 13-1 Zone meets the city's goal of
providing adequate areas in the community for commercial development that meets the
needs of present and future business in terms of cost, type, design and location.
Chapter 5, Natural Environment:
Goal: Protect wetland and riparian areas since they are important in flood protection,
maintaining water quality, and providing habitat.
Policy: Protection of wildlife and wildlife habitat should be encouraged and wildlife
corridors should be conserved and maintained. Although the wetland area is not
designated as a "wetland" within the Kalispell Growth Policy Resources and Analysis
Section, the project conserves the area which provides important habitat for wildlife in
the area.
B. The extent to which the PUD departs from the underlying zoning and the
reasons why such departures are or are not deemed to be in the public
interest, and the mitigating conditions that the PUD provides to address the
deviations;
In order to allow the design of the future development shown as part of the application,
the proposed PUD seeks deviations from the underlying zoning designations of R-3 and
13-1 in the following ways:
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Section 27.06.020 Permitted Uses - Townhouse development within the R-3 Zone
requires a conditional use permit. This deviation would allow for construction of
townhomes within the development as a "permitted use." The result of this request
would mean that ultimate approval of all the townhomes would not require public
review, i.e. - Planning Board and Council approval. The development has 13 townhouse
lots (47, 48, 175-179 and 204-209) that will total 26 units once developed. Townhouse
development is not out of character for city development within the area as Mountain
Vista immediately north of the subject property has townhomes. This would allow
townhouses on a 6,000 square foot lot (1 unit per 3,000 square feet). Additionally, the
townhouse residences will have to have approval from the "Design Review Committee" as
outlined in the HOA bylaws assuring that development is compatible with the rest of the
development.
Section 27.06.020 Permitted Uses - The master site plan shows a paved R.V. parking
area under the B.P.A. easement. This deviation would allow for the R.V. parking area as
a permitted use within the development. R.V. storage is typically reserved for commercial
and industrial zones. The allowance of the R.V. park would enable the residents within
the development the ability to store their R.V.'s in a designated area, rather than on
their property. The R.V. parking area makes use of the B.P.A. easement, which is an
undevelopable area. The R.V. parking area is buffered from the neighboring residential
development to the east via a .6-acre buffer strip that can be landscaped to obscure the
R.V.'s. Staff supports the R.V. parking area provided the following:
a. A letter shall be received from B.P.A. indicating approval of the
design/layout of the parking area.
b. 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.
c. 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.
d. Any other use other than storage is prohibited. The offering for sale thereof
of any item from the R.V. parking area is prohibited.
e. Storage within the R.V. parking area shall be limited to residents within the
subdivision.
f. The repair, construction, or reconstruction of any boat, engine, motor
vehicle, and storage of any fossil fuel storage tank is prohibited.
g. R.V.'s parked within the parking area shall maintain a minimum 20'
separation from the BPA power lines.
C. The extent to which the PUD departs from the subdivision regulations (if
subdivision is anticipated) and the public works standards for design and
construction applicable to the subject property, the reasons why such
departures are deemed to be in the public interest, and the mitigating
conditions that the PUD provides to address the deviations;
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The project varies from Section 28.3.06 of the Kalispell Subdivision regulations, which
requires a 100-foot setback from wetland areas. The variance request is only based off
the wetland study submitted by the applicant. It should be noted that the area
designated as wetland by the local study is not "wetland" on any federally designated
wetland mapping. The applicant has conducted an extensive wetland area study and the
proposed subdivision is located entirely out of the boundary. The development will
conserve the wetland area and it will forever be maintained in its current state as part of
the subdivision where it will be owned and maintained by the HOA. The wetland will
continue to be "Waters of the State," where the U.S. Army Corps would have
jurisdictional authority. The proposed subdivision simply follows a natural topography
line above the wetland and follows the historical agricultural boundary of the property
that has been used for decades and is already disturbed. There is no valuable riparian
habitat being disturbed from the proposed development.
D. The overall internal integrity of the PUD including the appropriate use of
internal design elements, the use of buffers between different land uses, the
use of transitions between uses of greater and lesser intensity, the use of
enhanced design features to provide connectedness for both vehicle and
pedestrian traffic throughout the PUD and the use of innovative and
traditional design to foster more livable neighborhoods;
As stated previously, the Residential Mixed Use PUD proposes 3.2-acres of B-1 Zone
along with the R-3 Zone. The B-1 Zoning will provide for an area that the neighboring
residential R-3 Zone can have access to services that address their daily needs without
having to make prolonged trips into other areas of the city. The B-1 Zoning will be in
close enough proximity that it will be accessible for pedestrians and cyclists, reducing
overall vehicle trips throughout the community. The B-1 Zone meets the city's goal of
providing adequate areas in the community for commercial development that meets the
needs of present and future business in terms of cost, type, design and location. The
two-family residential lots are primarily located along the boundary of the B-1,
Neighborhood Commercial area providing a transition into the detached single-family
home lots. The development includes a trail system through the B.P.A. easement area
which provides an additional connectivity point through the development from the park
on the south to Three Mile Drive on the north. This trail would be a continuation of the
trail that is in the B.P.A. easement located in Mountain Vista. The developed park and
dog park are located centrally to the site and can be accesses via the contiguous
sidewalk system, or via the trail system being developed through the development. There
is also a .6-acre buffer strip located adjacent the R.V. parking area that will be
landscaped and serve as a transition from the differing uses.
The development is a continuation of Spring Creek Estates and will, when developed,
function as a continuation of that neighborhood. Lastly, Three Mile Drive, Two Mile Drive
and W. Spring Creek will all be updated to city standards, including landscaped area
and a trail system along the arterials.
E. 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;
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The development proposes a 1.3-acre developed park, .75-acre improved dog park, 10-
acre wetland conservation area and trail system located within the B.P.A. easement area.
The subdivision regulations require that .03-acre per dwelling unit be designated for
parkland. In this case that would equate to 6.8-acres of park. 6.8-acres would be
undeveloped parkland and simply open recreation area. In this case the park will be
fully developed. Development expenditures of the parkland should be equal to the
market value of 5.5-acres of undeveloped land (6.8-acres minus the 1.3-acres proposed).
Accordingly, the park should be developed with recreational amenities equivalent to the
fair market value of 5.5-acres of undeveloped land. The final design of the parkland will
be reviewed and approved by the Parks and Recreation Director prior to final plat of the
first phase. Staff recommends that the park be improve with Phase 2 of the development.
There is also a .6-acre buffer strip located adjacent the R.V. parking area that will be
landscaped. As mentioned above, the trail system through the B.P.A. easement area
provides an additional connectivity point through the development from the park on the
south to Three Mile Drive on the north. This trail would be a continuation of the trail
that is in the B.P.A. easement located in Mountain Vista and the trail system located
along Three Mile Drive. An HOA has been developed to maintain the open space,
common space and conservation areas within the development. Staff also recommends
the placement of a condition that the trail systems locate along Three Mile Drive, Two
Mile Drive and W. Spring Creek be maintained by the development, similarly to all city
sidewalks within the city. Staff also recommends that a waiver of park maintenance
district condition is placed on the final plats for the subdivision in the event the HOA
fails to maintain its properties.
F. 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;
1. Public Services
Police and Fire Services
The property will be served by the Kalispell Fire Department and Kalispell Police
Department. The site lies within 3.3 miles of fire station 62 and is readily
serviceable by the city fire, police and ambulance services all of which now
respond to the immediately adjacent neighborhood.
Water and Sewer
Municipal water, sewer and city streets will be extended to the property from the
Spring Creek Estates subdivision to the east. Additionally, the West Side Interceptor
is being constructed through the property this coming year. The West Side Sewer
Interceptor is a large sewer main 24"-30" in size that is being constructed in order
to provide for new growth in the city. The sewer for Phases 2-5 of the development
will need to be designed to connect into the West Side Sewer Interceptor, as the
existing sewer mains within Spring Creek are nearing capacity. 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). The City of Kalispell can participate in the upsizing of this trunk line for any
additional capacity that is not required for this development. Final design plans
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will be reviewed and approved by the Kalispell Public Works Department prior to
final plat of Phase 2.
The sewer, including sewer from the West Side Interceptor will be conveyed to the
wastewater plant located near the Kalispell Airport, which has the capacity for this
and further developments. The water and sewer lines located within Spring Creek
are sized to accommodate Phase 1 of this development. The remaining phases will
require the developer to tie into the West Side Sewer Interceptor prior to
development. Final design and engineering plans will be reviewed in accordance
with the city's policies and standards at the time of future phases, including city
facilities plans. The developer is responsible for extending the needed city services
in accordance with the city's policies and standards at their expense.
The City of Kalispell requires developments to complete a minimum of two-thirds
of the necessary public infrastructure (water, sewer, roads, etc.) prior to filing the
final plat for subsequent subdivisions. This has been includes in the list of
conditions 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 are available.
Storm Water
A preliminary storm water report has been prepared showing that storm water will
be conveyed from the new development via impervious surfaces to cubs where it will
be conveyed into retention/detention ponds within the B.P.A. easement area. Each
of the ponds will hold storm water for that immediate area and allow it to slowly
percolate into the ground. Storm water runoff from the site shall be managed and
constructed per the City of Kalispell Construction and Design Guidelines. Final
design will be approved by Kalispell Public Works Department prior to building
permit issuance. Additionally, prior to receiving a building permit the developer will
need to submit a construction storm water management plan to the Public Works
Department. This plan will need to show how storm water will be treated and where
it will be directed during construction activities.
2. Control over vehicular traffic
A traffic impact study for the development was completed by WGM Group, indicating the
project would generate Average Daily Traffic (ADT) of 2,087. The traffic study was
prepared using standard techniques to forecast traffic volumes and operations at the
proposed site access points and 11 nearby study intersections. The following
intersections were analyzed in the study:
1. Three Mile Drive and West Spring Creek Road
2. Three Mile Drive and Farm to Market Road
3. Three Mile Drive and Heavens Peak Drive
4. Three Mile Drive and Camp Crook Avenue
5. Three Mile Drive and Stillwater Road
6. Three Mile Drive and Kalispell Bypass Southbound Ramps
7. Three Mile Drive and Kalispell Bypass Northbound Ramps
8. Two Mile Drive and West Springcreek Road
9. Site Driveway No. 1 and Three Mile Drive
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10. Site Driveway No. 2 and Two Mile Drive
11. Site Driveway No. 3 and West Springcreek Road
Capacity analysis was presented both with and without the traffic generated by the
proposed subdivision to determine what impact the proposal will have on traffic
operations. The analysis concluded that the road network will continue to operate with
good level of service and the study did not identify any unusual safety issues. The study
concluded that no changes to the roadway network are required as a result of the
proposed development. Upon submitting the project to Public Works for review, the
traffic study will be further evaluated by staff to determine compliance with city
standards. City standards require that the level of service be maintained at pre
development levels.
The development is proposing alleys within the development. The developer is
constructing alleys in order to build housing units more similar to the historic area of
Kalispell and Spring Creek Estates where the garages are accessed in the back of the
property. This allows for a more appealing building design and it also makes the streets
easier for maintenance because there is not driveways along the public streets,
especially during snow events. Staff has went over the layout with Public Works and
they are recommending that the alleyways remain private for long-term and short-term
maintenance reasons. Since there are no public utilities proposed within the alleyways,
staff is recommending the alleys remain private in order to clarify who is responsible for
the maintenance of them.
After reviewing the proposed PUD plan with Public Works, staff is recommending the
following street improvements with each phase of the development:
Phase 1 - A temporary construction access road shall be constructed from the
western terminus of Phase 1 to West Spring Creek. This condition was brought to
light through the work session where a constituent asked for a construction road
to be installed so that construction crews would not have to continually traverse
the Spring Creek Estates Subdivision in order to access the site.
Phase 2 - Westland Drive shall be extended to W. Springcreek and Rockwood
Drive should be extended to Two Mile Drive with Phase 2. By the time Phase 2 is
completed 164 dwelling units will be constructed. Without the extensions to the
larger transportation network the residents of Phase 1 and 2 will have to traverse
through Spring Creek Estates in order to get out of the development.
Phase 3 - Two Mile Drive shall be updated to city standards along the properties
southern boundary. Updating to city arterial standards will require an additional
15-feet of right-of-way in order to provide for an 80-foot arterial road section.
Phase 4 - Three Mile Drive and West Spring Creek shall be updated to city
standards along the property boundaries with those roadways. Three Mile Drive
will require an additional 10-feet of right-of-way along the portion not currently
with MDT right-of-way (western portion) in order to provide for an 80-foot arterial
road section. West Spring Creek will require an additional 10-feet of right-of-way
in order to provide for an 80-foot arterial road section.
The development has provided for individual automobiles, pedestrian and bicycle traffic
in the PUD proposal. To provide for a greater diversity of transportation options planning
staff would recommend that the developer work with Eagle Transit to establish at least
one bus stop location in the project site, preferably within the Neighborhood Commercial
area. Eagle Transit provides transportation in a safe manner for the transportation -
disadvantaged and the general public of Flathead County and has a fined route within
the county and has several bus stops within the City of Kalispell. Staff reached out to
Eagle Transit and was not able to get a response. Currently, there is not a bus stop in
this area of the city. With this development it may be time for Eagle Transit to consider a
stop in the project area to serve the residents on this end of town, as upon completion of
this development there will be a significant number of residents along Three Mile Drive.
C. Visual enjoyment
The project accomplishes this by including the following in the PUD plan:
• The Rockwood Ranch HOA establishes a Design Review Committee that will be
responsible for reviewing building plans, landscaping and fencing plan prepared
by a licensed architect or designer, showing the design, location, material, color
and exterior finish of proposed improvements. Additionally, the developer is
constructing alleys in order to build housing units more similar to the historic
area of Kalispell and Spring Creek Estates where the garages are accessed in the
back of the property. The design guidelines provide housing standards to
maintain the visual quality of the entire project.
• Over ten acres of the wetland will be conserved in its natural state, this includes
the portion at the southeast corner of the site adjacent the Ashley Knoll
Subdivision.
• A uniform fencing plan consisting of wood or vinyl will be constructed at the rear
of the property boundaries bordering the three arterials around the development.
Uniform fencing will also be constructed along the B.P.A. easement where the trail
is located. The fencing plan strategically places the fencing along the arterial
roadways, entry points and common areas in order to create a uniform,
aesthetically pleasing development.
• A .6-acre buffer strip is being constructed adjacent the R.V. parking area. This
buffer strip will also include the trail system heading north south through the
development.
• All of the arterials surrounding the development will be upgraded to city
standards, which will include landscaped boulevards, street trees and a trail
system. Additionally, all of the city streets within the development will be built to
city standards including landscape boulevards and street trees.
D. Light and air
The proposed R-3 and 13-1 zoning require setbacks, lot coverage and height limitations to
provide for adequate light and air within the project proposal.
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E. Recreation
The developed park, dog park and trail, as highlighted above, will provide the
recreational amenity within the development. As a recommended condition of approval, a
waiver of right to protest a parks maintenance district should placed on each phase of
the development. The waiver of right to protest a park maintenance district would
provide the ability for the city to receive funding, if necessary, if the HOA failed to
maintain the parkland.
4. The relationship, beneficial or adverse, of the planned development project
upon the neighborhood in which it is proposed to be established;
City annexations and subsequent residential development along Three Mile Drive has
transitioned that corridor into a more urban land use. City subdivisions along Three Mile
Drive include Mountain Vista, Spring Creek Estates, Cottonwood Park, Blue Heron,
Empire Estates and Aspen Creek, which have all developed in close proximity of the
proposed subdivision. Aspen Knoll, Two Mile Tracts, Big Sky Homesites and Hillcrest
Terrace are larger lot county residential subdivisions that have developed along Two Mile
in close proximity to the proposed subdivision. The area clearly has a residential
demand based off of the land use pattern in the area and the proposed use would be
considered a continuation of that pattern which has taken advantage of the increased
services in the area, including water, sewer and the bypass.
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;
The application indicates the site will be developed in 5 phases. Phase 1 is being
preliminary platted with this PUD application and includes the construction of 48
residential lots. Phase 1 can be constructed rather quickly due to the availability of city
services within Spring Creek Estates to the east. Phase 2 would be constructed following
the completion of Phase 1 and so on through Phase 5, which is the commercial
component to the subdivision. Maintaining the integrity of the subdivision would include
the staff discussion, outlined earlier, highlighting the necessary street improvements
that should be completed with each phase. As long as those improvements are installed
with each corresponding phase the development will be able to stand on its own if for
some reason development of the subdivision lapses for a period of time. Section
27.19.020(10), Abandonment and Expiration, outlines procedures to be followed when
the PUD fails to comply with a completion schedule.
Part of the requirements of the 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.
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6. Conformity with all applicable provisions of this chapter.
No other specific deviations from the Kalispell Zoning Ordinance or Subdivision
regulations can be identified based upon the information submitted with the application
other than those addressed in this report.
V. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT
The applicant is requesting a major subdivision on 18-acres of the 90-acre property into
48 residential lots. The proposed subdivision is the first phase of five (5) subdivision
phases. The application will be reviewed in accordance with Section 28.2.06 of the
Kalispell Subdivision Regulations.
A. Effects on Health and Safety:
Fire: The property is considered to be at low risk of fire because the subdivision
will be constructed in accordance with the International Fire Code and have
access which meets city standards. The site is within the immediate service area of
the north Kalispell fire station, as they currently respond to the city developments
adjacent the subject property.
Floodin,g: According to Flood Insurance Rate Map, panel 30029C 1815J, dated
November 4, 2015, none of the property proposed for development is within a
mapped flood area.
Access: There are two accesses to serve Phase 1 coming from Spring Creek
Estates. Westland Drive and Triple Creek are improved city local streets that can
be extended into Phase 1. As outlined earlier, staff is also recommending that
Westland Drive be extended to W. Spring Creek Road to serve as a temporary
construction road for Phase 1.
B. Effects on Wildlife and Wildlife Habitat: There are no known big game
wintering ranges, migration routes, nesting areas, wetlands, or important habitat
for rare or endangered species per the Montana Fish Wildlife and Parks
information checklist for subdivisions. There will be a 10-acre conservation on the
property that has been designated as wetland by RESPEC. The conservation area
will conserve valuable wildlife habitat and potential wildlife corridor as it will be
maintained in its natural state.
C. Effects on the Natural Environment:
Surface and groundwater: The subdivision will be served by public water and
sewer thereby minimizing any potential impacts to groundwater. There is an
unnamed tributary to Ashley Creek to the southwest of Phase 1 but it will not be
impacted by the proposed subdivision as no development is proposed within it.
Drainage: This site has generally level topography and will not pose unusual
challenges to site drainage. Curbs and gutters will be installed and storm
management plan will have to be developed to address the runoff from the site.
There is no city storm drain system in the area so the storm water will need to be
managed onsite using retention methods. A preliminary storm water design has
been submitted for Phasel showing detention/retention ponds within the B.P.A.
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easement that will percolate into the ground. The drainage plan will have to
comply with the City of Kalispell standards and standards and designed by a
professional engineer.
D. Effects on Local Services:
Water and Sewer: Water and sewer service to the subdivision will be provided by
the City of Kalispell. The applicant will extend water and sewer service to the
property from Westland Drive and Triple Creek Drive. The water and sewer system
for the subdivision will be reviewed and approved by the Kalispell Public Works
Department as part of the development of the subdivision. There is adequate
capacity within the city's sewer system to accommodate this development.
Roads: As stated above, there are two access points serving the subdivision.
Westland Drive and Triple Creek are improved city local streets that can be
extended into Phase 1. As outlined earlier, staff is also recommending that
Westland Drive be extended to W. Spring Creek Road to serve as a temporary
construction road for Phase 1.
Schools: The property is within the boundaries of School District # 1 and West
Valley Elementary. The school district could anticipate an additional 24 school
aged children from the subdivision. This number takes into account home school
education options and private school options as well as those attending public
facilities. This subdivision would have a potentially minor impact on the district.
Section 76-3-608(1) of the Montana Code Annotated states that the governing
body may not deny approval of a proposed subdivision based solely on the
subdivision's impacts on educational services.
Parks and Open Space: As outlined above the subdivision is part of an overall
master plan that includes an improved city park, dog park, trails and wetland
conservation area.
Police: Police protection will be provided by the City of Kalispell Police
Department. The department can adequately provide service to this subdivision.
Fire Protection: Fire protection will be provided by the Kalispell Fire Department.
The department can adequately provide service to this subdivision. Additionally,
the road network to the subdivision provides adequate access for fire protection.
Solid Waste: Solid waste will be handled by the city. 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 approximately 1
mile from the site.
E. Effects on Agriculture and agricultural water user facilities:
The site has been traditionally used for agricultural uses including crop
22
production. According to the Kalispell Growth Policy Resources and Analysis
Section, "Important Farmlands" map, the project generally has a farmland
classification of "prime farmland' when irrigated.
Lands to the west are still primarily used for agricultural purposes. With the
approval of this subdivision water and sewer service will be extended to the site.
This extension of services will impact the agricultural land use in the area. The
effect this subdivision would have on adjacent agricultural land would be the
potential for more land currently in agricultural production to convert to relatively
higher density residential subdivisions due to the close proximity of water and
sewer mains.
Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use:
Natural Environment, state the following:
Policy - Encourage urban growth only on agriculture lands entirely within the
city's annexation policy boundary.
By providing a growth area boundary, the city can entertain requests for
annexation, which in turn lead to the extension of water and sewer services. This
enables more of the growth to come into the City of Kalispell and connect to city
water and sewer, and have police and fire protection that the City offers its
residents. Allowing higher density development within the city's growth policy
area, it could reasonably be expected that more farmland could be conserved
because the availability of residential and commercial lots within the Kalispell
Growth Policy boundary, limiting sprawl/leapfrog development.
F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future
Land Use map for the area anticipates this area to be developed as Suburban
Residential. The development of Phase 1 as 48 residential lots is consistent with
the Kalispell Growth Policy land use designation.
G. Compliance with Zoning: The property being subdivide is located within an R-
3/PUD Zoning District, provided the property is annexed and is given the zoning
designation as outlined in the report. The submitted preliminary plat application
is in compliance with all applicable zoning regulations outlined herein.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have been
requested with this application.
RECOMMENDATIONS
I. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt Staff Report #KA-18-02 as findings of fact and recommend to the Kalispell
City Council that the property be annexed and the initial zoning for this property
upon annexation be R-3/PUD and B-1 /PUD.
I1. Staff recommends that the Kalispell City Planning Board and Zoning Commission
23
adopt staff report KPUD-18-01 as findings of fact and recommend to the Kalispell
City Council that the PUD for Rockwood Ranch be approved subject to the
conditions listed below:
III. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KPP-18-02 as findings of fact and recommend to the Kalispell
City Council that the preliminary plat for Rockwood Ranch be approved, subject
to the conditions listed below:
Conditions of Approval
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:
24
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 13-1
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
25
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.
26
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
27
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.
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ESTIMATED COST OF SERVICES ANALYSIS (Full Buildout of Residential)
Project Name: Rockwood Ranch
Date 4/6/2018
Calculated By: Kalispell Planning Department
Number of acres proposed to be annexed.
90
Number of lots:
1
Total square footage of all the lots to be annexed:
3,920,400
Estimated market value of property:
$3.600,000
Median home value
$280,000
1. COST OF SERVICES
UNDEVELOPED
ACRES
DEVELOPED ACRES
COSTIACRE
TOTAL
Fire FY18 budget $2,923,815
90
90
S 107.37
$ 9,663.30
Police FY18 budget 54,890,061)
90
90
$ 173,33
S 15.599.70
General Gov't Services (FY
18 budget $4,991,138)
90
90
$ 167.50
$ 15,075.00
Subtotal
$ 40,338.00
SERVICE
NO, OF UNirS
COST/UNIT
TOTAL
Roads Lineal feet of road to be maintained
8850
$ 505
$ 44,692.50
Water based on number of ERUs
229
S 185.51
$ 42,481.79
Sewer (based on number of ERUs)
229
S 168,51
S 38.588.79
Wastewater Treatment based on number of ERUs)
229
S 227.38
$ 52,070.02
Stormwater (calculated at a impervious
surface rate of 6 ERUs/Acre)
540
S 67.97
S 36,703.80
Subtotal
$ 214,536.90
TOTAL ANTICIPATED COST OF SERVICE =
$ 254,874.90
2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED
Totalsquare footage to be annexed:
1
3.920,400
Number of lots:
1
ASSESSMENT
AVE SCt FT
FY17i18 ASSESSMENT
TOTAL
Storm sewer assessment:
1,916,640
0.005569
S 10,674.00
Street maintenance assessmc
1,916,640
0,01582
$ 30,321,00
Urban forestry assessment:
1.916,640
0.0047025
S 9,013.00
Light maintenance assessment:
1,916,640
0.0033
S 6,325.00
Average water and sewer bill
$ 750.00
S 750.00
SUBTOTAL ANTICIPATED REVENUE FROM ASSESSMENTS PER LOT=
$ 250,00
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS FROM ALL LOTS =
$ 57.083.00
3. TAX REVENUE
Estimated market value of properly
NO. OF UNITS
VALUE PER PROPERTY
TOTAL
Total assessed value:
229
S 280.000,00
$ 64,120,000.00
TOTAL ASSESSMENT
REAL ESTATE TAX
TAXABLE VALUE
Total taxable value;
S 64,120,000.00
0.014
S 897.680.00
MILLS LEVIED
TOTAL
Tax revenue for all functions based on 843.2 mill levy):
0.8432
S 756,923.78
TOTAL CITY TAX REVENUE (based on 206.1 mill levy) = i $184,563.01
4. IM
PACT FEES
UNIT
QUANTITY
COST PER UNIT
Total Sewer ImpactFee:
ERU
229
S 5,757,00
$1,318,353.00
Total Water ImpactFee:
ERU
229
$ 2.567,00
$587,843.00
Total Storm ImpactFee:
ERU
229
$ 618,00
5141,522.00
Total Police Impact Fee:(Res. 5 44)
Per Unit
229
$ 31.00
57,099.00
Total Fire Impact Fee (Res. 5 4 ):
Per Unit J
229
$ 36700
$84,043.00
Total Project Impact Fee =
$2,138,860.00
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $241,646.01
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $2,138,860.00
7. NET REVENUE TO THE CITY PER YEAR (ITEM 5 - ITEM 1) 513,228.89
ESTIMATED COST OF SERVICES ANALYSIS (Initial Annexation)
Project Name: Rockwood Ranch
Date 4/6/2018
Calculated Bye Kalispell Planning Department
Number of acres proposed to be annexed:
Number of lots to be annexed:
Total .square footage of all the lots to be annexed:
Estimated market value of property:
90
1
3,920,400
$3,600,000
1. COST OF SERVICES
UNDEVELOPED
ACRES
DEVELOPED ACRES
COST/ACRE
TOTAL
Fire FY18 budget $2,923,815
90
0
$ 107.37
$
Police FY18 budget $4,890,061
90
0
S 173.33
$
General Gov't Services (FY
18 budget $4,991,138)
90
0
S 167.50
_
$
Subtotal
s
SERVICE
NO. OF UNITS
COST!UNIT
TOTAL
Roads Lineal feet of road to be maintained)
0
S 5.05
$
Water based on number of ERUs) 1
0
S 185.51
S
Sewer based on number of ERUs
0
5 168.51
$
Wastewater Treatment based on number of ER Us)
0
S 227,38
$
Stormwater (calculated at a impervious
surface rate of 6 ERUs/Acre)
0
S 67,97
$
Subtotal
$
TOTAL ANTICIPATED COST OF SERVICE =
s
2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED
Totalsquare footage to be annexed:
3,920,400
Number of lots
1
ASSESSMENT
AVE SO FT
FY17118 ASSESSMENT
TOTAL
Storm sewer assessment (Capped at $250.9 :
3,920.400
0.00288
S 250.90
Street maintenance assessment(Ca ed $1.378):
3,920,400
0,01582
S 1.378.00
Urban forestry assessment (capped $300 per lot):
3.920,400
0,00171
S 300.00
Light maintenance assessment I Res. 5733
Ord.1696
3.920,400
0.00165
S 359.37
Average water and sewer bill
N,A
S
SUBTOTAL ANTICIPATED REVENUE FROM ASSESSMENTS PER LOT =
S 2.288,27
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS FROM ALL LOTS =
$ 2,288.27
3. TAX REVENUE
Estimated market value of ro eL
NO. OF UNITS
VALUE PER PROPERTY
TOTAL
Total assessed value:
t
$ 3.600,000.00
S 3,600,000,00
TOTAL ASSESSMENT
REAL ESTATE TAX
TAXABLE VALUE
Total taxable value:
$ 3.600,000,00
0.016
S 57.600.00
MILLS LEVIED
TOTAL
Tax revenue for all functions based on 843.2 mill levy),,
0.8432
$ 18.568.32
TOTAL CITY TAX REVENUE (based on 206.1 mill levy) = I 1 $11,842.56
4. IM
PACT FEES
UNIT
QUANTITY
COST PER UNIT
Total Se7ver impactFee;
ERU
0
S 5,757.00
$0.00
Total Water Impact Fee.
ERU
0
$ 6,418.00
$0.00
Total Storm ImpactFee:
ERU
0
S 1.121.00
$0.00
Dial Police Impact ee:(Res. )
Per Unit
0
S 31.00
$0.00
oral Fire Impact Fee (Res. 5 ):
Per Unit
0
$ 367.00
so.00
Total Project Impact Fee =
50.00
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $14.130.83
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) S0.00
7. NET REVENUE TO THE CITY PER YEAR (ITEM 5 - ITEM 1 1 $14,130.83