E2. Ord 1810 - 2nd Reading - Meadows Edge PUDPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager'
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin$!
SUBJECT: Ordinance 1810 Second Reading — Meadows Edge PUD
MEETING DATE: June 18, 2018
BACKGROUND: This is the second reading of Ordinance 1810, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of R-3 and B-1 Zones with a Residential
Mixed Use Planned Unit Development (PUD) zoning overlay. The property is undeveloped tract land
located at the northwest and northeast corner of the intersection of Three Mile Drive and W.
Springcreek/Farm to Market. The property can be legally described as Tract 3 of COS 18892 in the
E2, Section 3 and Parcel A of COS 15268 in the SW4, Section 2, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana.
The Kalispell City Council, at their meeting on June 4, 2018, approved the first reading of Ordinance
1810, unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1810, an Ordinance to amend section 27.02.010, official zoning map, City of
Kalispell zoning ordinance 1677, by zoning certain real property described as Tract 3 of COS 18892
in the E2, Section 3 and Parcel A of COS 15268 in the SW4, Section 2, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana to City R-3 and B-1 with a Residential Mixed Use
Planned Unit Development zoning overlay with 33 conditions, in accordance with the Kalispell
Growth Policy Plan — It 2035, and to provide an effective date.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1810
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1810
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 MEADOWS EDGE PUD, OVER CERTAIN REAL PROPERTY MORE
PARTICULARLY DESCRIBED AS TRACT 3 OF COS 18892 IN THE EAST HALF OF
SECTION 3 AND PARCEL A OF COS 15268 IN THE SOUTHWEST QUARTER OF
SECTION 2, 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, Meadows Edge, 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 Neighborhood Commercial,
with a Planned Unit Development overlay to be known as Meadows Edge PUD,
on approximately 112 acres of land; and
WHEREAS, the property is currently zoned AG-80, Agricultural, and is located at the
northwest intersection of Three Mile Drive and West Springcreek/Farm to Market
Road while a small 2.4-acre portion also being annexed is located at the northeast
intersection of Three Mile Drive and West Spring Creek/Farm to Market Road;
and
WHEREAS, the petition of Meadows Edge, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-18-02, 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 May 8,
2018, and recommended that a Planned Unit Development overlay be attached to
approximately 112 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-18-02.
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 Meadows Edge,
LLC upon the real property described above is hereby approved subject
to the following conditions:
1. The Planned Unit Development for Meadows Edge allows the following deviations from
the Kalispell Zoning Ordinance:
a) Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses — Allows up to
four (4) attached townhomes as a permitted use.
2. That the development of the site will be in substantial conformance with the preliminary
plat documents entitled Meadows Edge 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.
3. The preliminary plat approval for the development shall be valid for a period of three
years from the date of approval.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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. 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.
9. The sewer for Phases 2-5 shall be designed to connect into the West Side Sewer
Interceptor. Final design plans shall be reviewed and approved by the Kalispell Public
Works Department prior to final plat of Phase 2.
10. 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.
11. 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.
12. 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.
13. 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.
14. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Farm to Market Road. 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.
15. 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.
16. 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.
17. 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 open space,
landscape boulevards and streets serving the subdivision.
18. 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.
19. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase 1.
20. 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.
21. 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. "
22. That a minimum of two-thirds of the necessary public infrastructure for this subdivision
shall be completed prior to final plat submittal of each phase.
23. 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.
24. The following public right-of-way improvements shall be completed at each phase of the
development:
a. Phase 1 — West Spring Creek/Farm to Market shall be updated to city standards
along the property boundary from Mountain Vista Way south to the intersection
with Three Mile Drive.
b. Phase 2 — Three Mile Drive shall be upgraded to city standards along the property
boundary from the western terminus of the development to the eastern terminus of
the development.
C. Phase 3 — Farm to Market shall be upgraded to city standards from Mountain
Vista Way north to the properties northern property boundary.
25. The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be
maintained by the Meadows Edge HOA.
26. The alleyways within the development shall be designated as "private" at time of final
plat.
27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the
Kalispell Zoning Ordinance.
28. A homeowner's association (HOA) shall be formed and established for the common areas
prior to final plat.
29. All properties along the western boundary of the subdivision shall install uniform rear
yard fencing prior to certificate of occupancy of those residences.
30. A note shall be placed on the final plat that stating: "This subdivision is located in an
agriculture area and potential nuisances such as noise, dust, odors, and irregular hours of
operation are to be expected. As such, the right to farm on adjoining properties shall not
be restricted as a result of the development or occupancy of this subdivision."
31. The developer shall work with Eagle Transit to establish bus stop location(s) within the
Meadows Edge 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.
32. 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.
33. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior
to final plat.
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 18TH DAY OF JUNE, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk