Staff Report/Annexation, Zoning, PUDCity of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT: Wayne Turner -Annexation and Initial Zoning of R-3, Urban Single
Family Residential, Planned Unit Development and Preliminary Plat
approval for the Willow Creek Subdivision
MEETING DATE: December 3, 2007
BACKGROUND: The Kalispell City Planning Board met on November 13, 2007 and held a
public hearing to consider a request for an annexation and an initial zoning designation of R-3,
Urban Single Family Residential, a Planned Unit Development, and preliminary plat approval
for the Willow Creek subdivision. If approved the Willow Creek subdivision would allow up to
531 dwelling units made up of a combination of 361 single family residential lots ranging in size
from 4,000 square feet to approximately 18,000 square feet, 18 townhomes and 152
condominium units. The condominium units would be located within 15 multi -family buildings
ranging in size from an 8 unit building up to a 16 unit building.
The 164.5 acre project site is located on the north side of Foys Lake Road 1/4 mile west of the
current city limits along Meridian Road. The project site's eastern boundary is located along
the Burlington Northern railroad right-of-way. From its eastern boundary the project site
continues west just over 1/2 mile along Foys Lake Road and ending at the eastern boundary of
the Stoneridge subdivision. Ashley Creek makes up the northern boundary of the project site.
The property is located on the north side of Foys Lake Road at the intersection of Foys Lake
Road and Valley View Drive. The properties included in the overall project site can be
described as Tracts 1, 1AI, 1B, 1BA, 1BB, 11), 1DA, IE, 1F, 1FA, 1FB, and 7AB located within
the N 1/2 of the N 1/2 of the S 1/2 of Section 13, Township 28 North, Range 22 West.
Sean Conrad of the Kalispell Planning Department presented staff reports #KA-07-13, KPUD-
07-1, and KPP-07-2 evaluating the proposed project. Staff recommended the planning board
recommend approving the requested initial zoning of R-3, Planned Unit Development and
preliminary plat subject to the conditions listed in the staff report. Please note that staff report
KA-07-03 (initial zoning of a 140.5 acre portion of the 164.5 acre project site of R-3) was
previously presented to the planning board at its April 10th meeting. At its May 81h meeting the
planning board recommended R-3 zoning for the area on a vote of 5 to 1.
The developer and his consultant spoke in favor of the proposed project. They felt that the
amended project better reflected the single-family nature of the area in that they have reduced
the number of apartment units and increased the number of single family lots. The consultant
also noted that the amount of parkland and open space has increase and the lots along Foys
Lake Road and adjacent to the Stoneridge subdivision have increased in size in order to fit in
better with the existing lots.
Six people spoke in opposition to the proposed project. Concerns included increased storm
water runoff impacting downstream properties, access to existing irrigation equipment along
Ashley Creek, increased traffic impacts to Foys Lake Road and Meridian Road, and impacts to
Peterson school.
After the public hearing the board discussed the project proposal and unanimously
recommended the city council approve the requested initial zoning of R-3 for the 24 acre
portion of the 164.5 acre project site.
The planning board unanimously recommended the city council approve the Planned Unit
Development (PUD) for Willow Creek with the following amendments to the conditions. The
amendments are in bold type.
Condition l.D
Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building setbacks)
Allows the front, side corner and rear setbacks reduced to 10 feet for lots less than
7,000 square feet. On lots 7,000 square feet or more the front and side corner
setbacks shall be 20 feet and the rear setback would be allowed at 10 feet. The
multi -family buildings and garages shall meet the 20-foot setback provided for in
the R-3 zoning district. Such reduction shall only apply to the house. The multi-
family buildings and garages shall meet the 20-foot setback provided for in the R-3
zoning district.
Condition 9
prepPxty beundaax f lots 33d_ 33Q f t l
r r � y o �� � ��� o=�1S4se-�l, lets 1 16 a€p&se 5 and lets 317 333 el'
phase 6. A five (5) foot tall earth tone vinyl fence, such as Mild Fence Company's
(cambia), shall be installed by the developer abutting the rear property boundary
of lots 334-338 of phase 4, lots 1-16 of phase 5 and lots 317-333 of phase 6. The
fencing shall be located in the common area and shall be owned and maintained as a
common area feature. The fence shall comply with the approved fencing elevation
referenced in condition 2(F). All fencing shall be installed prior to final plat approval of
the pertinent phase 4, 5 or 6 that they are located in.
The planning board recommended the city council approve the Preliminary Plat for
Willow Creek on a vote of 4 to 1 with the following amendments to the conditions. The
amendments are in bold type.
Condition 34
The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water drainage report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. The report
shall include a phased construction schedule showing when detention facilities will be
constructed. Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the drainage plan for the subdivision has been installed as
designed and approved. (Kalispell Design and Construction Standards)
Note: An off site downstream analysis for the new south side hill drainage shall
accompany the drainage report. This analysis will need to identify if the new volume
release from the development will impact the downstream adjacent properties,
conveyance channels, and water bodies. This downstream analysis will need to look at
the 2, 10, and 100 year flows. Volumes and peak flows will not exceed the 2, 10 and
100 year flows.
The planning department also received a protest petition to the R-3 zoning from lot owners
within 150 feet of the project site. Twenty-five percent of the lot owners within 150 feet of the
lots proposed for R-3 zoning have signed the petition. Therefore, pursuant to section 76-2-
305(2) of Montana Code Annotated, the R-3 zoning for the project site will only become effective
with the favorable vote of two-thirds of the present and voting members of the city council.
Please schedule this matter for the December 3, 2007 regular city council meeting. You may
contact this board or Sean Conrad at the Kalispell Planning Department if you have any
questions regarding this matter.
RECOMMENDATION: A motion to approve the resolution annexing the property, approve the
first reading of the ordinance for initial zoning of R-3, Urban Single Family Residential and
Planned Unit Development with 27 conditions as recommended by the planning board and
approve the preliminary plat with the 31 conditions as recommended by the planning board
would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Sean Conrad es H. Patrick
Senior Planner City Manager
Report compiled November 27, 2007
Attachments: Petition to Annex & Withdraw From Rural Fire District
Cost of Services Analysis
Transmittal letter
Exhibit A (conditions)
Staff report # KA-07-03, KA-07-13, KPUD-07-1 and KPP-07-2 and
application materials
Minutes of the 5/8/07 and l l/ 13/07 planning board meetings
c: Theresa White, Kalispell City Clerk
Return to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5251
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS TRACTS 1, 1AI, 1B, 1BA,
1BB, 1D, 1DA,1E,IF, 1FA, 1FB, AND 7AB LOCATED WITHIN THE NORTH HALF OF
THE NORTH HALF OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS
WILLOW CREEK ADDITION NO.398; TO ZONE SAID PROPERTY IN ACCORDANCE
WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from Wayne Turner, the owner of
property located on the north side of Foys Lake Road 11/4 mile west of the current city
limits along Meridian Road, requesting that the City of Kalispell annex the territory
into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-07-13, dated November 27, 2007, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-3, Urban Single Family Residential, on approximately 165
acres upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Willow Creek Addition No. 398.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 3RD DAY OF DECEMBER, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Return to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO.1625
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS 1,1AI,1B,1BA,
1BB, 1D, IDA, IE, 1F, 1FA,1FB, AND 7AB LOCATED WITHIN THE NORTH HALF OF
THE NORTH HALF OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 28 NORTH,
RANGE 22 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY
R-1, SUBURBAN RESIDENTIAL, AND I-2, HEAVY INDUSTRIAL) TO CITY R-3 (URBAN
SINGLE FAMILY RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT
OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND
TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Wayne Turner, the owner 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, Urban Single Family Residential, with a Planned Unit Development
overlay on approximately 165 acres of land, and
WHEREAS, the property is located on the north side of Foys Lake Road 1/4 mile west of the
current city limits along Meridian Road, and
WHEREAS, the petition of Wayne Turner was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-07-13 / KPUD-07-1, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-3, Urban Single Family Residential, with a Planned Unit
Development overlay, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November
13, 2007, and recommended that the initial zoning be City R-3, Urban Single Family
Residential with a Planned Unit Development overlay, upon annexation to the City of
Kalispell, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-3, Urban Single Family Residential with a Planned Unit Development
overlay, the City Council finds such zoning to be consistent with the Kalispell
Growth Policy 2020 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. KA-07-13 / KPUD-07-1.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as R-3, Urban Single Family Residential with a
Planned Unit Development overlay on approximately 140 acres.
SECTION IL The Planned Unit Development proposed by Wayne Turner upon the real
property described above is hereby approved, subject to the following
conditions:
I . The Planned Unit Development for Willow Creek allows the following deviations from the
Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
Allows the block lengths to exceed the 1,200 feet and allows blocks less than 300
feet as shown on the draft PUD submittals referenced in condition #2.
B. Kalispell Zoning Ordinance, Section 27.06.020 and 27.06.030 (Permitted and
conditional uses in the R-3 zoning district)
Allows multi -family buildings in the R-3 zoning district.
C. Kalispell Zoning Ordinance, Section 27.06.040 (1)(Minimum lot area in the R-3
zoning district)
Allows the minimum lot area to be reduced from 7,000 square feet to 4,000 square
feet for detached single-family lots.
D. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building setbacks)
Allows the front, side comer and rear setbacks reduced to 10 feet for lots less than
7,000 square feet. On lots 7,000 square feet or more the front and side corner
setbacks shall be 20 feet and the rear setback would be allowed at 10 feet. The multi-
family buildings and garages shall meet the 20-foot setback provided for in the R-3
zoning district. Such reduction shall only apply to the house. The multi -family
buildings and garages shall meet the 20-foot setback provided for in the R-3 zoning
district.
E. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges)
Allowing fences 48 inches tall within or bounding the front setback area in all areas
of the proposed subdivision. This only applies to fences and in no case shall the
fence be solid.
2. The development of the 140.5 acre site shall substantially comply with the following maps
and elevations submitted as part of the Planned Unit Development application:
A. Figures 3.1, 3.3, 3.413, 3.4E, 3.5-3.11A, 3.14-3.19, 3.20 (A,B&C), 3.21 (A&B), 3.22 &
3.22A, 3.23, and 4.3
B. Figures 3.4A, 3AB and 3AC(type I and H)
Note: All roads shall be designed to meet the city's minimum roadway widths (i.e.
Figure 3AC shows a 28-foot wide road from the face of curb to face of curb. City
standards require 28-feet of driving surface in addition to the 2-foot curbs on either side
of the roadway). Boulevard widths shown on exhibits 3.4A, 3 AB and 3.4C(type I and H)
shall not be reduced.
C. Figure 3.12
Note: The bike/pedestrian path shall be located between the building and the earth berm
or landscaping adjacent to the Highway 93 by-pass in accordance with condition 5.
D. Figure 3.11
Note: Additional land may be required between the fence and retaining wall to
accommodate landscaping and irrigation.
3. The Willow Creek conceptual site plan shall be revised to incorporate the conditions of
approval of the PUD and preliminary plat to provide for the total number of dwelling units
on the site. The revised site plan shall be submitted prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of dwelling units.
4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200 feet in length
or in the area of the block exceeding 1,200 feet which would provide the best connectivity to
surrounding streets or pedestrian/bike paths. The pathways shall be located within a
minimum 15-foot wide easement located outside of any platted lot with the path width and
construction standards determined by the Parks and Recreation Department. The pathway
easements shall be shown on the final plat and the path shall be constructed or bonded for to
the approved width and construction standards prior final plat approval.
5. Prior to issuance of a building permit for each of the multi -family (condominium) buildings,
the Kalispell site review committee shall review each individual building plan with all
applicable city codes and policies and the following:
A. Heavy duty loop bike racks capable of holding 5 bicycles located adjacent to each
building
B. Adequate setbacks from any sound mitigation (see condition c below) as well as a
minimum of 20 feet from any bike path easement.
C. Assurance that each building is at least 30 feet from the toe of any earth berm, wall
and/or fence in excess of 5 feet in height. The 5-foot height includes the earth berm,
wall or fence individually or any combination thereof.
D. In addition to the standard submittals to the city's architectural review committee the
developer shall submit materials including landscape around the building and parking
lot and a color pallet for the building which includes a minimum three colors (two
colors for the body of the building with a different color for building trim) for the
exterior color design for the buildings
E. Assurance that the architectural review committee has reviewed the building and has
found it to be in compliance with good design standards and the architectural design
standards as provided for in this PUD approval and the City of Kalispell's
Architectural Design Standards.
F. Sidewalk connectivity between the units, parking areas, bike paths if applicable and
sidewalks along the adjoining streets
G. Multifamily buildings on the same lot shall have a minimum building separation of
20 feet (eave to eave) and 10 feet from the eave to side property boundaries.
6. In addition to the required perimeter landscaping in the Kalispell Zoning Ordinance, the
parking lots serving the multi -family buildings and the overflow parking lot located next to
park C shall incorporate landscape islands, 9, x 20' in size, which include predominately
living materials. Each landscape island shall include one or more trees meeting Kalispell's
street tree standards for variety and size at planting and ground cover. Landscape islands
shall be placed at intervals of one landscape island for every ten parking spaces. The parking
lot and associated landscaping plan shall include an irrigation plan. The landscaping and
irrigation plans shall be reviewed and approved by the Parks and Recreation Department with
recommendations on the landscaping plan from the architectural review committee.
7. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to
and during construction of homes on the lots to assure setbacks are being met. Staking for
building foundations shall be offset from the foundation to assure stakes are in place during
and after excavation of the building pad.
A minimum of 11.06 acres of common space, 18.55 acres of open space and 15.9 acres of
developed parkland shall be provided within the Willow Creek subdivision.
9. A five (5) foot tall earth tone vinyl fence, such as Mild Fence Company's (cambia), shall be
installed by the developer abutting the rear property boundary of lots 334-338 of phase 4, lots
1-16 of phase 5 and lots 317-333 of phase 6. The fencing shall be located in the common
area and shall be owned and maintained as a common area feature. The fence shall comply
with the approved fencing elevation referenced in condition 2(F). All fencing shall be
installed prior to final plat approval of the pertinent phase 4, 5 or 6 that they are located in.
10. A note shall be placed on the final plat for phases 4, 5 and 6 prohibiting the property owners
of lots 334-338 of phase 4, lots 1-16 of phase 5 and lots 317-333 of phase 6 from installing
any additional rear yard fencing.
11. A Condominium Association shall be created for the maintenance of the areas immediately
surrounding the multi -family condominium buildings. For the buildings on lots 1 and 3 this
shall include the common parking lot, noise mitigation (i.e. sound wall or earth berm) and
adjacent bike/pedestrian path.
12. A Homeowners Association shall be created for the maintenance of the bike path along Foys
Lake Road, pedestrian easements, storm water facilities, common areas, open space areas not
dedicated to the city, subdivision entry monuments, fencing along the rears of the lots
abutting Foys Lake Road and landscaped road medians and alleys within the Willow Creek
subdivision. The maintenance provisions in the homeowners association shall include
mowing or trimming the grasses within the common area to reduce the fire hazard and spread
of noxious weeds. The association shall be established prior to the final plat of phase 1.
13. The developer shall provide the Parks and Recreation Department with a revised park
improvement plan and layout of parks A, B, C, D, and E as shown on figure 3.23 of the PUD
application. In addition to the walkways, turf, irrigation, and landscaping within the parks
the developer shall provide other park amenities including but not limited to security
lighting, children's play equipment, benches, trash receptacles, drinking fountains, where
appropriate, and hard surface play areas to include tennis and basketball courts. The plan
shall be reviewed and approved by the Parks and Recreation Department in conjunction with
the Police Department for the security lighting.
14. The developer shall provide minor amenities (i.e. benches, picnic tables and trash
receptacles) within the open space area along Ashley Creek. A plan of these amenities shall
be provided to the Parks and Recreation Department and Montanan Department of Fish,
Wildlife and Parks for review and approval.
15. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and
Police Department which includes the pathway width, construction materials, and security
lighting for the paths located throughout the Willow Creek subdivision. Specifications for
the bike path construction will be determined by the Parks and Recreation Department with
recommendations provided by the Montana Fish, Wildlife and Parks in areas where the path
comes within 200 feet of the high water line of Ashley Creek as required in condition 44. The
pedestrian/ bike path plan shall also provide for a connection to the future bike path along the
Highway 93 by-pass.
16. The parks and open space areas shall be dedicated and improved in accordance with an
approved plan by the Parks and Recreation Department pursuant to the following phasing
plan:
A. Phase 1: Park B shall be dedicated and improved and all the land along Ashley Creek
shown as either parks or open space shall be dedicated to the city. Along with this
dedication the bike/pedestrian trail shall be constructed per the plan approved by the
Department along Ashley Creek as shown on the Willow Creek conceptual site plan.
B. Phase 2: Park E shall be improved
C. Phase 3: Park D shall be improved
D. Phase 4: Park A shall be dedicated and improved
E. Phase 5: The bike/pedestrian path along Ashley Creek shall be paved
F. Phase 7: Park C shall be improved
17. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA
incorporating all the lots within the Willow Creek subdivision. The taxes levied within the
maintenance district shall be determined by the Parks and Recreation Department with
approvals by the Kalispell City Council. Such a district shall become effective upon
recording the final plat of phases 1-7 of the Willow Creek subdivision.
18. In the event the Homeowners Association fails to maintain its properties, the park
maintenance district program may be initiated by the city to provide maintenance for some or
all of the public or private improvements.
19. A revised landscape plan for the lift station shall be provided to the Parks and Recreation
Department and the Planning Department for review and approval. The plan shall provide
for a visual screen to include a combination of trees, bushes and green groundcover and
specifying tree and shrub type and size at the time of planting. Fencing around the lift station
shall be the same fencing referenced in the conditions of this PUD. The approved landscape
plan and fencing shall be installed prior to final plat of phase 1.
20. The developer shall provide the Parks and Recreation Department a revised landscaping and
irrigation plan for the common area along Foys Lake Road. The plan shall provide for a
visual screen for the fence along Foys Lake Road. The visual screen shall include a
combination of trees, bushes and green groundcover and specifying tree and shrub type and
size at the time of planting. The approved planting and irrigation plan shall be installed per
the phased improvement schedule for Foys Lake Road specified in condition 39 of the
preliminary plat approval. (Findings of Fact Section D)
21. Prior to submitting a final plat for each phase, the final lot grading plan shall be submitted to
the Public Works Department for review and approval.
22. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through 279, 280
through 288 and lots 289 through 291 shall be redesigned so that access is provided by an
alley. The alley shall be constructed prior to final plat approval of the lots in their respective
phase.
23. Willow Creek Drive shall be re -aligned so a larger portion of the road and right-of-way are
outside of the recommended 200 foot setback as shown on the preliminary plat.
24. The power, phone, natural gas and cable television lines shall be located within the alley
right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and
cable television lines shall be located within a separate 5-foot easement outside of the road
right-of-way easement.
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal for each phase. The minimum of two-thirds of the
necessary infrastructure shall include the extension of water and sewer mains to the site and
the necessary lift station to transport effluent back to the city sewage treatment plant. For
phase 1, the minimum infrastructure shall also include the completed roadway connection
from Foys Lake Road to Highway 2.
26. The final plats for the Willow Creek subdivision shall be filed consecutively from phase 1
through phase 7. The first phase shall be filed within three years of approval of the effective
date of this PUD. Each successive phase shall be filed within two years of final plat approval
of the previous phase.
27. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
Willow Creek Subdivision Conditions
General Conditions:
28. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C — Final Plat)
29. Any retaining walls used on the project site shall have a maximum height of 3 feet. If a
higher retaining wall is needed the wall shall be stepped and landscaped with a design
approved by the Parks and Recreation Department and Planning Department. (Subdivision
Application and Findings of Fact Section C)
30. A geotechnical report shall be provided to the Public Works Department and Building
Department at the end of the site grading showing the fill areas on the site have been properly
compacted. (Findings of Fact Section C)
31. Street lighting shall be located within the subdivision and along Foys Lake Road and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
Prior to final plat:
32. 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 and Montana
Public Works Standards; the design shall be certified in writing by a professional engineer
licensed in the State of Montana. All design work shall be reviewed and approved in writing
by the Kalispell Public Works Department prior to construction. This infrastructure shall
include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks. (Kalispell Design and Construction Standards)
33. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. The water and sewer main extension plans shall be reviewed and approved by the
Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to
the Public Works Department stating that the water and sewer mains have been built and
tested as designed and approved. (Kalispell Design and Construction Standards)
Note: Extension of the water and sewer mains to the property lines may be required by the
Pubic Works Department. Furthermore, hydraulic conditions and/or future city requirements
may require the water main be extended to Appleway within the northern access roadway
(Willow Creek Drive) for the development.
34. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water drainage report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. The report shall
include a phased construction schedule showing when detention facilities will be constructed.
Prior to final plat, a certification shall be submitted to the Public Works Department stating
that the drainage plan for the subdivision has been installed as designed and approved.
(Kalispell Design and Construction Standards)
Note: An off site downstream analysis for the new south side hill drainage shall accompany
the drainage report. This analysis will need to identify if the new volume release from the
development will impact the downstream adjacent properties, conveyance channels, and
water bodies. This downstream analysis will need to look at the 2, 10, and 100 year flows.
Volumes and peak flows will not exceed the 2, 10 and 100 year flows.
35. The developer shall submit to the Kalispell Public Works Department prior to construction, a
city storm water management plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm water Discharge Associated with Construction Activities. (Kalispell Design and
Construction Standards)
36. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work. (Kalispell Design and Construction Standards)
37. A note shall be placed on the final plat of each phase including alleys stating that the alleys
shall be privately maintained. (Findings of Fact Section D)
38. Prior to the final plat of phase 1, all traffic mitigation listed in the traffic impact study for
Willow Creek and, except the recommendation to signalize the intersection of Valley View
Drive and Foys Lake Road, shall be completely constructed as part of Phase 1. (Traffic
Impact Study and Findings of Fact Section D)
39. Prior to the final plat of phase 1, Foys Lake Road, along the projects frontage, to the
intersection of Willow Creek Drive shall be upgraded to urban collector standards. Prior to
the final plat of phase 2, Foys Lake Road, from the intersection of Willow Creek Drive to the
western boundary of the project site shall be upgraded to urban collector standards. The
improvements shall include widening the roadway from the center line of the roadway north,
installing street lights and street trees in addition to the landscaping proposed in the
elevations submitted with the PUD. The 10-foot wide meandering bike/pedestrian path shall
provide the pedestrian access normally provided by a 5-foot sidewalk. As part of the
improvements to Foys Lake Road for phase 1 the developer shall provide infrastructure for
the future signal light recommended at the intersection of Valley View Drive and Foys Lake
Road in the traffic study. All improvements shall be reviewed and approved by the Kalispell
Public Works Department and Montana Department of Transportation. (Traffic Impact
Study and Findings of Fact Section D)
40. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through 279, 280
through 288 and lots 289 through 291 shall be redesigned so that access is provided by an
alley. The alley shall be constructed prior to final plat approval of the lots in their respective
phase. (Findings of Fact Section D)
41. Prior to final plat approval for phase 6 a 60-foot wide road and utility easement shall be
provided to the adjacent property to the west of the project site, Tract 7, through the common
open space located between lots 310 and 311. (Findings of Fact Section D)
42. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for Willow Creek Drive and Willow River Drive onto Foys Lake
Road and the connection up to Highway 2. If any improvements are necessary at the
intersection of the roadways, these improvements shall be completed to the satisfaction of the
MDT prior to the respective phase and MDT shall so certify this in writing to the city.
(Findings of Fact Section D)
43. A noise study shall be completed prior to the final plat approval of phase 1. The noise study
shall show how a noise level of 60 dBA at the eastern property boundary for condo lot 1 of
phase 1 and condo lot 3 of phase 3 can be achieved. The proposed mitigation measures
contained in the noise study shall be reviewed and approved by the city staff and
implemented prior to the final plat of phase 1.
Note: This condition may result in the loss of one or more of the proposed multi -family
buildings. Any deviation from the proposed road alignments shown on the preliminary plat
to achieve the desired number of multi -family buildings on lots 1 or 3 as described above
shall result in the subdivision and PUD to come back before the city council for review and
approval. (Findings of Fact Section A)
44. A letter from the Montana Department of Transportation shall be provided stating that the
by-pass right-of-way shown on the final plat for phase 1, 3, and 7 is adequate for the
construction of the future highway by-pass.
Note: The location of the highway by-pass right-of-way may affect the eastern boundary line
of the proposed subdivision, which may in turn affect the number of proposed lots or
condominium units. (Findings of Fact Section D)
45. A 200-foot building setback, measured from the high water mark of Ashley Creek shall be
shown on the final plats of phases 2, 3, 4, 6, and 7. Within the 200-foot building setback the
first 75 feet adjacent to the stream shall be protected with natural vegetation. No buildings,
parking lots or roads shall be located within the 200-foot setback. A bike/pedestrian path
within the 200-foot setback shall be permitted provided there is an adequate vegetative buffer
between the bike/pedestrian path and Ashley Creek. Prior to installation of the
bike/pedestrian path the developer shall obtain a written approval from the Montana
Department of Fish, Wildlife and Parks. (Findings of Fact Section B)
46. Basements shall be prohibited for the multi -family buildings on condo lot 1 of phase 1 and
condo lots 3 and 6 of phase 3 due to high ground water in the area. (Findings of Fact Section
C)
47. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
(2003) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the roadasa
fire lane.
48. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision. The approved landscape plan shall be implemented or a cash
in lieu payment for installation of the street trees and groundcover provided to the Kalispell
Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11).
Note: Rocks in the landscape boulevard are prohibited.
49. The approved parks improvement plan (condition 13 of the PUD), open space improvement
plan (condition 14 of the PUD), and bike/pedestrian plan (condition 15 of the PUD) shall be
completed prior to the final plat of the respective phase of the project as referenced in
condition 16 of the PUD. (Findings of Fact Section D)
50. The roads within the subdivision shall be named and signed in accordance with the policies
of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual
and be subject to review and approval of the Kalispell Fire Department. A letter shall be
obtained from the Kalispell Public Works Department stating the naming and addressing on
the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section
3.09)
51. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat. (Kalispell Subdivision Regulations, Section 3.18)
52. 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 designed in accordance with section 3.22 of the Kalispell
Subdivision Regulations and installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall be included in the preliminary and final engineering
plans to be reviewed by the Public Works Department. The mail delivery site shall not
impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section
3.22)
53. 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."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
54. Prior to final plat approval for phase 2, 4, 6, and 7, a detailed floodplain study shall be
completed and accepted by FEMA determining the base flood elevation for the floodplain
area along Ashley Creek. The final plat shall not be recorded and no significant earth
moving within 100 feet of the centerline of the creek shall be allowed until the completion
and acceptance of the study area. The newly delineated floodplain shall be staked. The base
flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall
extend into the newly delineated floodplain. (Findings of Fact Section A)
55. The water rights allocated to the developer, both surface and ground, shall be transferred to
the city with the filing of each final plat to insure the orderly accounting of water rights and
to protect the future water needs of the city of Kalispell for it users. (Findings of Fact
Section E)
56. Lots 30 through 33 and 292, 294, 295, 296, 276, and 277 shall be reconfigured to be brought
into compliance with section 3.06.G of the subdivision regulations prior to filing the final
plat in their respective phases. (Kalispell Subdivision Regulations, Section 3.06(G) and
Findings of Fact Section H)
On going conditions:
57. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
58. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION III. 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 IV. 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 17TH DAY OF DECEMBER, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
RESOLUTION NO.5252
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF WILLOW
CREEK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACTS 1, IAI,III, 1BA,
1BB,1D, IDA,1E, IF, 1FA,1FB, AND 7AB LOCATED WITHIN THE NORTH HALF OF THE
NORTH HALF OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Wayne Turner, the owner of the certain real property described above, has petitioned for
approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
November 13, 2007 on the proposal and reviewed Subdivision Report #KPP-07-2 issued
by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Willow Creek Subdivision subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December 3,
2007, reviewed the Kalispell Planning Department Report #KPP-07-2, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-07-2 are hereby adopted as the Findings of Fact of the City Council,
SECTION II. That the application of Wayne Turner for approval of the Preliminary Plat of
Willow Creek Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
PUD Conditions
The Planned Unit Development for Willow Creek allows the following deviations from the Kalispell
Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
Allows the block lengths to exceed the 1,200 feet and allows blocks less than 300 feet as
shown on the draft PUD submittals referenced in condition #2.
B. Kalispell Zoning Ordinance, Section 27.06.020 and 27.06.030 (Permitted and conditional
uses in the R-3 zoning district)
Allows multi -family buildings in the R-3 zoning district.
C. Kalispell Zoning Ordinance, Section 27.06.040 (1)(Minimum lot area in the R-3 zoning
district)
Allows the minimum lot area to be reduced from 7,000 square feet to 4,000 square feet for
detached single-family lots.
D. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building setbacks)
Allows the front, side corner and rear setbacks reduced to 10 feet for lots less than 7,000
square feet. On lots 7,000 square feet or more the front and side corner setbacks shall be 20
feet and the rear setback would be allowed at 10 feet. The multi -family buildings and garages
shall meet the 20-foot setback provided for in the R-3 zoning district. Such reduction shall
only apply to the house. The multi -family buildings and garages shall meet the 20-foot
setback provided for in the R-3 zoning district.
E. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges)
Allowing fences 48 inches tall within or bounding the front setback area in all areas of the
proposed subdivision. This only applies to fences and in no case shall the fence be solid.
2. The development of the 140.5 acre site shall substantially comply with the following maps and
elevations submitted as part of the Planned Unit Development application:
A. Figures 3.1, 3.3, 3.41), 3.4E, 3.5-3.11A, 3.14-3.19, 3.20 (A,B&C), 3.21 (A&B), 3.22 & 3.22A,
3.23, and 4.3
B. Figures 3.4A, 3AB and 3AC(type I and II)
Note: All roads shall be designed to meet the city's minimum roadway widths (i.e. Figure 3AC
shows a 28-foot wide road from the face of curb to face of curb. City standards require 28-feet of
driving surface in addition to the 2-foot curbs on either side of the roadway). Boulevard widths
shown on exhibits 3.4A, 3AB and 3AC(type I and Il) shall not be reduced.
C. Figure 3.12
Note: The bike/pedestrian path shall be located between the building and the earth berm or
landscaping adjacent to the Highway 93 by-pass in accordance with condition 5.
D. Figure 3.11
Note: Additional land may be required between the fence and retaining wall to accommodate
landscaping and irrigation.
The Willow Creek conceptual site plan shall be revised to incorporate the conditions of approval of the
PUD and preliminary plat to provide for the total number of dwelling units on the site. The revised
site plan shall be submitted prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of dwelling units.
4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200 feet in length or in the
area of the block exceeding 1,200 feet which would provide the best connectivity to surrounding
streets or pedestrianibike paths. The pathways shall be located within a minimum 15-foot wide
easement located outside of any platted lot with the path width and construction standards determined
by the Parks and Recreation Department. The pathway easements shall be shown on the final plat and
the path shall be constructed or bonded for to the approved width and construction standards prior
final plat approval.
5. Prior to issuance of a building permit for each of the multi -family (condominium) buildings, the
Kalispell site review committee shall review each individual building plan with all applicable city
codes and policies and the following:
A. Heavy duty loop bike racks capable of holding 5 bicycles located adjacent to each building
B. Adequate setbacks from any sound mitigation (see condition c below) as well as a minimum
of 20 feet from any bike path easement.
C. Assurance that each building is at least 30 feet from the toe of any earth berm, wall and/or
fence in excess of 5 feet in height. The 5-foot height includes the earth berm, wall or fence
individually or any combination thereof.
D. In addition to the standard submittals to the city's architectural review committee the
developer shall submit materials including landscape around the building and parking lot and
a color pallet for the building which includes a minimum three colors (two colors for the body
of the building with a different color for building trim) for the exterior color design for the
buildings
E. Assurance that the architectural review committee has reviewed the building and has found it
to be in compliance with good design standards and the architectural design standards as
provided for in this PUD approval and the City ofKalispell's Architectural Design Standards.
F. Sidewalk connectivity between the units, parking areas, bike paths if applicable and sidewalks
along the adjoining streets
G. Multifamily buildings on the same lot shall have a minimum building separation of 20 feet
(eave to eave) and 10 feet from the eave to side property boundaries.
In addition to the required perimeter landscaping in the Kalispell Zoning Ordinance, the parking lots
serving the multi -family buildings and the overflow parking lot located next to park C shall
incorporate landscape islands, 9, x 20' in size, which include predominately living materials. Each
landscape island shall include one or more trees meeting Kalispell's street tree standards for variety
and size at planting and ground cover. Landscape islands shall be placed at intervals of one landscape
island for every ten parking spaces. The parking lot and associated landscaping plan shall include an
irrigation plan. The landscaping and irrigation plans shall be reviewed and approved by the Parks and
Recreation Department with recommendations on the landscaping plan from the architectural review
committee.
Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to and
during construction of homes on the lots to assure setbacks are being met. Staking for building
foundations shall be offset from the foundation to assure stakes are in place during and after
excavation of the building pad.
A minimum of 11.06 acres of common space, 18.55 acres of open space and 15.9 acres of developed
parkland shall be provided within the Willow Creek subdivision.
A five (5) foot tall earth tone vinyl fence, such as Mild Fence Company's (cambia), shall be installed
by the developer abutting the rear property boundary of lots 334-338 of phase 4, lots 1-16 of phase 5
and lots 317-333 of phase 6. The fencing shall be located in the common area and shall be owned and
maintained as a common area feature. The fence shall comply with the approved fencing elevation
referenced in condition 2(F). All fencing shall be installed prior to final plat approval of the pertinent
phase 4, 5 or 6 that they are located in.
10. A note shall be placed on the final plat for phases 4, 5 and 6 prohibiting the property owners of lots
334-338 of phase 4, lots 1-16 of phase 5 and lots 317-333 of phase 6 from installing any additional
rear yard fencing.
11. A Condominium Association shall be created for the maintenance of the areas immediately
surrounding the multi -family condominium buildings. For the buildings on lots 1 and 3 this shall
include the common parking lot, noise mitigation (i.e. sound wall or earth berm) and adjacent
bike/pedestrian path.
12. A Homeowners Association shall be created for the maintenance of the bike path along Foys Lake
Road, pedestrian easements, storm water facilities, common areas, open space areas not dedicated to
the city, subdivision entry monuments, fencing along the rears of the lots abutting Foys Lake Road and
landscaped road medians and alleys within the Willow Creek subdivision. The maintenance
provisions in the homeowners association shall include mowing or trimming the grasses within the
common area to reduce the fire hazard and spread of noxious weeds. The association shall be
established prior to the final plat of phase 1.
13. The developer shall provide the Parks and Recreation Department with a revised park improvement
plan and layout of parks A, B, C, D, and E as shown on figure 3.23 of the PUD application. In
addition to the walkways, turf, irrigation, and landscaping within the parks the developer shall provide
other park amenities including but not limited to security lighting, children's play equipment, benches,
trash receptacles, drinking fountains, where appropriate, and hard surface play areas to include tennis
and basketball courts. The plan shall be reviewed and approved by the Parks and Recreation
Department in conjunction with the Police Department for the security lighting.
14. The developer shall provide minor amenities (i.e. benches, picnic tables and trash receptacles) within
the open space area along Ashley Creek. A plan of these amenities shall be provided to the Parks and
Recreation Department and Montanan Department of Fish, Wildlife and Parks for review and
approval.
15. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and Police
Department which includes the pathway width, construction materials, and security lighting for the
paths located throughout the Willow Creek subdivision. Specifications for the bike path construction
will be determined by the Parks and Recreation Department with recommendations provided by the
Montana Fish, Wildlife and Parks in areas where the path comes within 200 feet of the high water line
of Ashley Creek as required in condition 44. The pedestrian/ bike path plan shall also provide for a
connection to the future bike path along the Highway 93 by-pass.
16. The parks and open space areas shall be dedicated and improved in accordance with an approved plan
by the Parks and Recreation Department pursuant to the following phasing plan:
A. Phase 1: Park B shall be dedicated and improved and all the land along Ashley Creek shown
as either parks or open space shall be dedicated to the city. Along with this dedication the
bike/pedestrian trail shall be constructed per the plan approved by the Department along
Ashley Creek as shown on the Willow Creek conceptual site plan.
B. Phase 2: Park E shall be improved
C. Phase 3: Park D shall be improved
D. Phase 4: Park A shall be dedicated and improved
E. Phase 5: The bike/pedestrian path along Ashley Creek shall be paved
F. Phase 7: Park C shall be improved
17. A park maintenance district shall be formed in accordance with section 7-124001 MCA incorporating
all the lots within the Willow Creek subdivision. The taxes levied within the maintenance district
shall be determined by the Parks and Recreation Department with approvals by the Kalispell City
Council. Such a district shall become effective upon recording the final plat of phases 1-7 of the
Willow Creek subdivision.
18. In the event the Homeowners Association fails to maintain its properties, the park maintenance district
program may be initiated by the city to provide maintenance for some or all of the public or private
improvements.
19. A revised landscape plan for the lift station shall be provided to the Parks and Recreation Department
and the Planning Department for review and approval. The plan shall provide for a visual screen to
include a combination of trees, bushes and green groundcover and specifying tree and shrub type and
size at the time of planting. Fencing around the lift station shall be the same fencing referenced in the
conditions of this PUD. The approved landscape plan and fencing shall be installed prior to final plat
of phase 1.
20. The developer shall provide the Parks and Recreation Department a revised landscaping and irrigation
plan for the common area along Foys Lake Road. The plan shall provide for a visual screen for the
fence along Foys Lake Road. The visual screen shall include a combination of trees, bushes and green
groundcover and specifying tree and shrub type and size at the time of planting. The approved
planting and irrigation plan shall be installed per the phased improvement schedule for Foys Lake
Road specified in condition 39 of the preliminary plat approval. (Findings of Fact Section D)
21. Prior to submitting a final plat for each phase, the final lot grading plan shall be submitted to the
Public Works Department for review and approval.
22. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through 279, 280 through
288 and lots 289 through 291 shall be redesigned so that access is provided by an alley. The alley
shall be constructed prior to final plat approval of the lots in their respective phase.
23. Willow Creek Drive shall be re -aligned so a larger portion of the road and right-of-way are outside of
the recommended 200 foot setback as shown on the preliminary plat.
24. The power, phone, natural gas and cable television lines shall be located within the alley right-of-way.
Where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall
be located within a separate 5-foot easement outside of the road right-of-way easement.
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed
prior to final plat submittal for each phase. The minimum of two-thirds of the necessary infrastructure
shall include the extension of water and sewer mains to the site and the necessary lift station to
transport effluent back to the city sewage treatment plant. For phase 1, the minimum infrastructure
shall also include the completed roadway connection from Foys Lake Road to Highway 2.
26. The final plats for the Willow Creek subdivision shall be filed consecutively from phase 1 through
phase 7. The first phase shall be filed within three years of approval of the effective date of this PUD.
Each successive phase shall be fled within two years of final plat approval of the previous phase.
27. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell
and the developer outlining and formalizing the terms, conditions and provisions of approval. The
final plan as approved, together with the conditions and restrictions imposed, shall constitute the
Planned Unit Development (PUD) zoning for the site.
Willow Creek Subdivision Conditions
General Conditions:
28. That the development of the site shall be in substantial compliance with the application submitted, the
site plan, materials and other specifications as well as any additional conditions associated with the
preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C —
Final Plat)
29. Any retaining walls used on the project site shall have a maximum height of 3 feet. If a higher
retaining wall is needed the wall shall be stepped and landscaped with a design approved by the Parks
and Recreation Department and Planning Department. (Subdivision Application and Findings of Fact
Section C)
30. A geotechnical report shall be provided to the Public Works Department and Building Department at
the end of the site grading showing the fill areas on the site have been properly compacted. (Findings
of Fact Section C)
31. Street lighting shall be located within the subdivision and along Foys Lake Road and shall be shielded
so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations
Section 3.09(L)).
Prior to final plat:
32. 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 and Montana Public Works
Standards; the design shall be certified in writing by a professional engineer licensed in the State of
Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works
Department prior to construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and Construction
Standards)
33. Water and sewer main extensions shall be designed and constructed in accordance with the City of
Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water
and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public Works Department
stating that the water and sewer mains have been built and tested as designed and approved. (Kalispell
Design and Construction Standards)
Note: Extension of the water and sewer mains to the property lines may be required by the Pubic
Works Department. Furthermore, hydraulic conditions and/or future city requirements may require the
water main be extended to Appleway within the northern access roadway (Willow Creek Drive) for
the development.
34. The developer shall submit to the Kalispell Public Works Department for review and approval a storm
water drainage report and an engineered drainage plan that meets the requirements of the current City
standards for design and construction. The report shall include a phased construction schedule
showing when detention facilities will be constructed. Prior to final plat, a certification shall be
submitted to the Public Works Department stating that the drainage plan for the subdivision has been
installed as designed and approved. (Kalispell Design and Construction Standards)
Note: An off site downstream analysis for the new south side hill drainage shall accompany the
drainage report. This analysis will need to identify if the new volume release from the development
will impact the downstream adjacent properties, conveyance channels, and water bodies. This
downstream analysis will need to look at the 2, 10, and 100 year flows. Volumes and peak flows will
not exceed the 2, 10 and 100 year flows.
35. The developer shall submit to the Kalispell Public Works Department prior to construction, a city
storm water management plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Storm water Discharge
Associated with Construction Activities. (Kalispell Design and Construction Standards)
36. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for
unfinished work. (Kalispell Design and Construction Standards)
37. A note shall be placed on the final plat of each phase including alleys stating that the alleys shall be
privately maintained. (Findings of Fact Section D)
38. Prior to the final plat of phase 1, all traffic mitigation listed in the traffic impact study for Willow
Creek and, except the recommendation to signalize the intersection of Valley View Drive and Foys
Lake Road, shall be completely constructed as part of Phase 1. (Traffic Impact Study and Findings of
Fact Section D)
39. Prior to the final plat of phase 1, Foys Lake Road, along the projects frontage, to the intersection of
Willow Creek Drive shall be upgraded to urban collector standards. Prior to the final plat of phase 2,
Foys Lake Road, from the intersection of Willow Creek Drive to the western boundary of the project
site shall be upgraded to urban collector standards. The improvements shall include widening the
roadway from the center line of the roadway north, installing street lights and street trees in addition to
the landscaping proposed in the elevations submitted with the PUD. The 10-foot wide meandering
bike/pedestrian path shall provide the pedestrian access normally provided by a 5-foot sidewalk. As
part of the improvements to Foys Lake Road for phase 1 the developer shall provide infrastructure for
the future signal light recommended at the intersection of Valley View Drive and Foys Lake Road in
the traffic study. All improvements shall be reviewed and approved by the Kalispell Public Works
Department and Montana Department of Transportation. (Traffic Impact Study and Findings of Fact
Section D)
40. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through 279, 280 through
288 and lots 289 through 291 shall be redesigned so that access is provided by an alley. The alley
shall be constructed prior to final plat approval of the lots in their respective phase. (Findings of Fact
Section D)
41. Prior to final plat approval for phase 6 a 60-foot wide road and utility easement shall be provided to
the adjacent property to the west of the project site, Tract 7, through the common open space located
between lots 310 and 311. (Findings of Fact Section D)
42. The developer shall obtain an approach permit from the Montana Department of Transportation
(MDT) for Willow Creek Drive and Willow River Drive onto Foys Lake Road and the connection up
to Highway 2. If any improvements are necessary at the intersection of the roadways, these
improvements shall be completed to the satisfaction of the MDT prior to the respective phase and
MDT shall so certify this in writing to the city. (Findings of Fact Section D)
43. A noise study shall be completed prior to the final plat approval of phase 1. The noise study shall
show how a noise level of 60 dBA at the eastern property boundary for condo lot 1 of phase 1 and
condo lot 3 of phase 3 can be achieved. The proposed mitigation measures contained in the noise
study shall be reviewed and approved by the city staff and implemented prior to the final plat of phase
1.
Note: This condition may result in the loss of one or more of the proposed multi -family buildings.
Any deviation from the proposed road alignments shown on the preliminary plat to achieve the desired
number of multi -family buildings on lots 1 or 3 as described above shall result in the subdivision and
PUD to come back before the city council for review and approval. (Findings of Fact Section A)
44. A letter from the Montana Department of Transportation shall be provided stating that the by-pass
right-of-way shown on the final plat for phase 1, 3, and 7 is adequate for the construction of the future
highway by-pass.
Note: The location of the highway by-pass right-of-way may affect the eastern boundary line of the
proposed subdivision, which may in turn affect the number of proposed lots or condominium units.
(Findings of Fact Section D)
45. A 200-foot building setback, measured from the high water mark of Ashley Creek shall be shown on
the final plats of phases 2, 3, 4, 6, and 7. Within the 200-foot building setback the first 75 feet adjacent
to the stream shall be protected with natural vegetation. No buildings, parking lots or roads shall be
located within the 200-foot setback. A bike/pedestrian path within the 200-foot setback shall be
permitted provided there is an adequate vegetative buffer between the bike/pedestrian path and Ashley
Creek. Prior to installation of the bike/pedestrian path the developer shall obtain a written approval
from the Montana Department of Fish, Wildlife and Parks. (Findings of Fact Section B)
46. Basements shall be prohibited for the multi -family buildings on condo lot 1 of phase 1 and condo lots
3 and 6 of phase 3 due to high ground water in the area. (Findings of Fact Section C)
47. The following requirements shall be met per the Kalispell Fire Department and so certified in writing
by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City specifications
at approved locations. Minimum fire flows shall be in accordance with International Fire
Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code (2003)
Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane.
48. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the
placement of trees and landscaping materials within the landscape boulevards of the streets serving the
subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for
installation of the street trees and groundcover provided to the Kalispell Parks and Recreation
Department. (Kalispell Subdivision Regulations, Section 3.11).
Note: Rocks in the landscape boulevard are prohibited.
49. The approved parks improvement plan (condition 13 of the PUD), open space improvement plan
(condition 14 of the PUD), and bike/pedestrian plan (condition 15 of the PUD) shall be completed
prior to the final plat of the respective phase of the project as referenced in condition 16 of the PUD.
(Findings of Fact Section D)
50. The roads within the subdivision shall be named and signed in accordance with the policies of the
Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject
to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell
Public Works Department stating the naming and addressing on the final plat have been reviewed and
approved. (Kalispell Subdivision Regulations, Section 3.09)
51. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for
City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision
to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating
that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations,
Section 3.18)
52. 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 designed in accordance with section 3.22 of the Kalispell Subdivision Regulations and
installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall be
included in the preliminary and final engineering plans to be reviewed by the Public Works
Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell
Subdivision Regulations, Section 3.22)
53. 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."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
54. Prior to final plat approval for phase 2, 4, 6, and 7, a detailed floodplain study shall be completed and
accepted by FEMA determining the base flood elevation for the floodplain area along Ashley Creek.
The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of
the creek shall be allowed until the completion and acceptance of the study area. The newly
delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated
on the final plat and no lots shall extend into the newly delineated floodplain. (Findings of Fact
Section A)
55. The water rights allocated to the developer, both surface and ground, shall be transferred to the city
with the filing of each final plat to insure the orderly accounting of water rights and to protect the
future water needs of the city of Kalispell for it users. (Findings of Fact Section E)
56. Lots 30 through 33 and 292, 294, 295, 296, 276, and 277 shall be reconfigured to be brought into
compliance with section 3.06.G of the subdivision regulations prior to filing the final plat in their
respective phases. (Kalispell Subdivision Regulations, Section 3.06(G) and Findings of Fact Section
H)
On going conditions:
57. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17)
58. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after
development.
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office
of the Flathead County Clerk and Recorder, said premises shall be a subdivision
of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 3RD DAY OF DECEMBER, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-185 8
Website: kalispellplanning.com
November 27, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Wayne Turner -Annexation and Initial Zoning of R-3, Urban Single Family Residential,
Planned Unit Development and Preliminary Plat approval for the Willow Creek
Subdivision
Dear Jim:
The Kalispell City Planning Board met on November 13, 2007 and held a public hearing to
consider a request for an annexation and an initial zoning designation of R-3, Urban Single
Family Residential, a Planned Unit Development, and preliminary plat approval for the Willow
Creek subdivision. If approved the Willow Creek subdivision would allow up to 531 dwelling
units made up of a combination of 361 single family residential lots ranging in size from 4,000
square feet to approximately 18,000 square feet, 18 townhomes and 152 condominium units.
The condominium units would be located within 15 multi -family buildings ranging in size from
an 8 unit building up to a 16 unit building.
The 164.5 acre project site is located on the north side of Foys Lake Road 1/4 mile west of the
current city limits along Meridian Road. The project site's eastern boundary is located along
the Burlington Northern railroad right-of-way. From its eastern boundary the project site
continues west just over 1/2 mile along Foys Lake Road and ending at the eastern boundary of
the Stoneridge subdivision. Ashley Creek makes up the northern boundary of the project site.
The property is located on the north side of Foys Lake Road at the intersection of Foys Lake
Road and Valley View Drive. The properties included in the overall project site can be
described as Tracts 1, IAI, 113, 1BA, 11313, 1D, 1DA, 1E, 1F, 1FA, 1FB, and 7AB located within
the N 1/2 of the N 1/2 of the S 1/2 of Section 13, Township 28 North, Range 22 West.
Sean Conrad of the Kalispell Planning Department presented staff reports #KA-07-13, KPUD-
07-1, and KPP-07-2 evaluating the proposed project. Staff recommended the planning board
recommend approving the requested initial zoning of R-3, Planned Unit Development and
preliminary plat subject to the conditions listed in the staff report. Please note that staff report
KA-07-03 (initial zoning of a 140.5 acre portion of the 164.5 acre project site of R-3) was
previously presented to the planning board at its April 10th meeting. At its May 8th meeting the
planning board recommended R-3 zoning for the area on a vote of 5 to 1.
The developer and his consultant spoke in favor of the proposed project. They felt that the
amended project better reflected the single-family nature of the area in that they have reduced
the number of apartment units and increased the number of single family lots. The consultant
also noted that the amount of parkland and open space has increase and the lots along Foys
Lake Road and adjacent to the Stoneridge subdivision have increased in size in order to fit in
better with the existing lots.
Six people spoke in opposition to the proposed project. Concerns included increased storm
water runoff impacting downstream properties, access to existing irrigation equipment along
Ashley Creek, increased traffic impacts to Foys Lake Road and Meridian Road, and impacts to
Peterson school.
After the public hearing the board discussed the project proposal and unanimously
recommended the city council approve the requested initial zoning of R-3 for the 24 acre
portion of the 164.5 acre project site.
The planning board unanimously recommended the city council approve the Planned Unit
Development (PUD) for Willow Creek with the following amendments to the conditions. The
amendments are in bold type.
Condition 1.D
Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building setbacks)
Allows the front, side corner and rear setbacks reduced to 10 feet for lots less than
7,000 square feet. On lots 7,000 square feet or more the front and side corner
setbacks shall be 20 feet and the rear setback would be allowed at 10 feet. The
multi -family buildings and garages shall meet the 20-foot setback provided for in
the R-3 zoning district. Such reduction shall only apply to the house. The multi-
family buildings and garages shall meet the 20-foot setback provided for in the R-3
zoning district.
Condition 9
A five (5) feet tall vinyl fence sha]4 be installed by the deyeleper abutting the rear
preppies-beundary e€ lets 22 33g of phase 4, lots 1 16 of phase 5 and 1 ts2la--2-23
phase 6. A five (5) foot tall earth tone vinyl fence, such as Mild Fence Company's
(cambia), shall be installed by the developer abutting the rear property boundary
of lots 334-338 of phase 4, lots 1-16 of phase 5 and lots 317-333 of phase 6. The
fencing shall be located in the common area and shall be owned and maintained as a
common area feature. The fence shall comply with the approved fencing elevation
referenced in condition 2(F). All fencing shall be installed prior to final plat approval of
the pertinent phase 4, 5 or 6 that they are located in.
The planning board recommended the city council approve the Preliminary Plat for
Willow Creek on a vote of 4 to 1 with the following amendments to the conditions. The
amendments are in bold type.
Condition 34
The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water drainage report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. The report
shall include a phased construction schedule showing when detention facilities will be
constructed. Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the drainage plan for the subdivision has been installed as
designed and approved. (Kalispell Design and Construction Standards)
Note: An off site downstream analysis for the new south side hill drainage shall
accompany the drainage report. This analysis will need to identify if the new volume
release from the development will impact the downstream adjacent properties,
conveyance channels, and water bodies. This downstream analysis will need to look at
the 2, 10, and 100 year flows. Volumes and peak flows will not exceed the 2, 10 and
100 year flows.
The planning department also received a protest petition to the R-3 zoning from lot owners
within 150 feet of the project site. Twenty-five percent of the lot owners within 150 feet of the
lots proposed for R-3 zoning have signed the petition. Therefore, pursuant to section 76-2-
305(2) of Montana Code Annotated, the R-3 zoning for the project site will only become effective
with the favorable vote of two-thirds of the present and voting members of the city council.
Please schedule this matter for the December 3, 2007 regular city council meeting. You may
contact this board or Sean Conrad at the Kalispell Planning Department if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt
President
Attachments: Staff report #KA-07-03, KA-07-13, KPUD-07-1 and KPP-07-2 and
application materials
Exhibit A (conditions of approval)
Minutes of the 5/8/07 and 11/ 13/07 planning board meetings
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Wayne Turner
3300 Highway 2
Kalispell, MT 59901
CTA Architects Engineers
1143 Stoneridge Drive
Bozeman, MT 59718
EXHIBIT A
CONDITIONS OF APPROVAL FOR THE WILLOW CREEK PUD AND OF THE
WILLOW CREEK SUBDIVISION
RECOMMENDED BY THE KALISPELL PLANNING BOARD
NOVEMBER 13, 2007
CONDITIONS OF APPROVAL
PUD Conditions
1. The Planned Unit Development for Willow Creek allows the following deviations
from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
Allows the block lengths to exceed the 1,200 feet and allows blocks less
than 300 feet as shown on the draft PUD submittals referenced in
condition #2.
B. Kalispell Zoning Ordinance, Section 27.06.020 and 27.06.030 (Permitted
and conditional uses in the R-3 zoning district)
Allows multi -family buildings in the R-3 zoning district.
C. Kalispell Zoning Ordinance, Section 27.06.040 (1)(Minimum lot area in
the R-3 zoning district)
Allows the minimum lot area to be reduced from 7,000 square feet to
4,000 square feet for detached single-family lots.
D. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building
setbacks)
Allows the front, side corner and rear setbacks reduced to 10 feet for lots
less than 7,000 square feet. On lots 7,000 square feet or more the front
and side corner setbacks shall be 20 feet and the rear setback would be
allowed at 10 feet. The multi -family buildings and garages shall meet the
20-foot setback provided for in the R-3 zoning district. Such reduction
shall only apply to the house. The multi -family buildings and garages
shall meet the 20-foot setback provided for in the R-3 zoning district.
E. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and
Hedges)
Allowing fences 48 inches tall within or bounding the front setback area
in all areas of the proposed subdivision. This only applies to fences and
in no case shall the fence be solid.
2. The development of the 140.5 acre site shall substantially comply with the
following maps and elevations submitted as part of the Planned Unit
Development application:
A. Figures 3.1, 3.3, 3.4D, 3.4E, 3.5-3.11A, 3.14-3.19, 3.20 (A,B&C), 3.21
(A&B), 3.22 & 3.22A, 3.23, and 4.3
B. Figures 3.4A, 3.4B and 3.4C(type I and II)
Note: All roads shall be designed to meet the city's minimum roadway
widths (i.e. Figure 3.4C shows a 28-foot wide road from the face of curb to
face of curb. City standards require 28-feet of driving surface in addition to
the 2-foot curbs on either side of the roadway). Boulevard widths shown on
exhibits 3.4A, 3.4B and 3.4C(type I and II) shall not be reduced.
C. Figure 3.12
Note: The bike/pedestrian path shall be located between the building and
the earth berm or landscaping adjacent to the Highway 93 by-pass in
accordance with condition 5.
D. Figure 3.11
Note: Additional land may. be required between the fence and retaining wall
to accommodate landscaping and irrigation.
3. The Willow Creek conceptual site plan shall be revised to incorporate the
conditions of approval of the PUD and preliminary plat to provide for the total
number of dwelling units on the site. The revised site plan shall be submitted
prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of dwelling
units.
4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200
feet in length or in the area of the block exceeding 1,200 feet which would
provide the best connectivity to surrounding streets or pedestrian/bike paths.
The pathways shall be located within a minimum 15-foot wide easement located
outside of any platted lot with the path width and construction standards
determined by the Parks and Recreation Department. The pathway easements
shall be shown on the final plat and the path shall be constructed or bonded for
to the approved width and construction standards prior final plat approval.
5. Prior to issuance of a building permit for each of the multi -family
(condominium) buildings, the Kalispell site review committee shall review each
individual building plan with all applicable city codes and policies and the
following:
A. Heavy duty loop bike racks capable of holding 5 bicycles located adjacent
to each building
B. Adequate setbacks from any sound mitigation (see condition c below) as
well as a minimum of 20 feet from any bike path easement.
C. Assurance that each building is at least 30 feet from the toe of any earth
berm, wall and/or fence in excess of 5 feet in height. The 5-foot height
includes the earth berm, wall or fence individually or any combination
thereof.
D. In addition to the standard submittals to the city's architectural review
committee the developer shall submit materials including landscape
around the building and parking lot and a color pallet for the building
which includes a minimum three colors (two colors for the body of the
building with a different color for building trim) for the exterior color
design for the buildings
E. Assurance that the architectural review committee has reviewed the
building and has found it to be in compliance with good design
standards and the architectural design standards as provided for in this
PUD approval and the City of Kalispell's Architectural Design Standards.
F. Sidewalk connectivity between the units, parking areas, bike paths if
applicable and sidewalks along the adjoining streets
G. Multifamily buildings on the same lot shall have a minimum building
separation of 20 feet (eave to eave) and 10 feet from the eave to side
property boundaries.
6. In addition to the required perimeter landscaping in the Kalispell Zoning
Ordinance, the parking lots serving the multi -family buildings and the overflow
parking lot located next to park C shall incorporate landscape islands, 9, x 20'
in size, which include predominately living materials. Each landscape island
shall include one or more trees meeting Kalispell's street tree standards for
variety and size at planting and ground cover. Landscape islands shall be
placed at intervals of one landscape island for every ten parking spaces. The
parking lot and associated landscaping plan shall include an irrigation plan.
The landscaping and irrigation plans shall be reviewed and approved by the
Parks and Recreation Department with recommendations on the landscaping
plan from the architectural review committee.
7. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in
place prior to and during construction of homes on the lots to assure setbacks
are being met. Staking for building foundations shall be offset from the
foundation to assure stakes are in place during and after excavation of the
building pad.
8. A minimum of 11.06 acres of common space, 18.55 acres of open space and
15.9 acres of developed parkland shall be provided within the Willow Creek
subdivision.
9. A five (5) foot tall earth tone vinyl fence, such as Mild Fence Company's
(cambia), shall be installed by the developer abutting the rear property
boundary of lots 334-338 of phase 4, lots 1-16 of phase 5 and lots 317-333 of
phase 6. The fencing shall be located in the common area and shall be owned
and maintained as a common area feature. The fence shall comply with the
approved fencing elevation referenced in condition 2(F). All fencing shall be
installed prior to final plat approval of the pertinent phase 4, 5 or 6 that they
are located in.
10. A note shall be placed on the final plat for phases 4, 5 and 6 prohibiting the
property owners of lots 334-338 of phase 4, lots 1-16 of phase 5 and lots 317-
333 of phase 6 from installing any additional rear yard fencing.
11. A Condominium Association shall be created for the maintenance of the areas
immediately surrounding the multi -family condominium buildings. For the
buildings on lots 1 and 3 this shall include the common parking lot, noise
mitigation (i.e. sound wall or earth berm) and adjacent bike/pedestrian path.
12. A Homeowners Association shall be created for the maintenance of the bike
path along Foys Lake Road, pedestrian easements, storm water facilities,
common areas, open space areas not dedicated to the city, subdivision entry
monuments, fencing along the rears of the lots abutting Foys Lake Road and
landscaped road medians and alleys within the Willow Creek subdivision. The
maintenance provisions in the homeowners association shall include mowing or
trimming the grasses within the common area to reduce the fire hazard and
spread of noxious weeds. The association shall be established prior to the final
plat of phase 1.
13. The developer shall provide the Parks and Recreation Department with a revised
park improvement plan and layout of parks A, B, C, D, and E as shown on
figure 3.23 of the PUD application. In addition to the walkways, turf, irrigation,
and landscaping within the parks the developer shall provide other park
amenities including but not limited to security lighting, children's play
equipment, benches, trash receptacles, drinking fountains, where appropriate,
and hard surface play areas to include tennis and basketball courts. The plan
shall be reviewed and approved by the Parks and Recreation Department in
conjunction with the Police Department for the security lighting.
14. The developer shall provide minor amenities (i.e. benches, picnic tables and
trash receptacles) within the open space area along Ashley Creek. A plan of
these amenities shall be provided to the Parks and Recreation Department and
Montanan Department of Fish, Wildlife and Parks for review and approval.
15. A pedestrian/ bike path plan shall be provided to the Parks and Recreation
Department and Police Department which includes the pathway width,
construction materials, and security lighting for the paths located throughout
the Willow Creek subdivision. Specifications for the bike path construction will
be determined by the Parks and Recreation Department with recommendations
provided by the Montana Fish, Wildlife and Parks in areas where the path
comes within 200 feet of the high water line of Ashley Creek as required in
condition 44. The pedestrian/ bike path plan shall also provide for a connection
to the future bike path along the Highway 93 by-pass.
16. The parks and open space areas shall be dedicated and improved in accordance
with an approved plan by the Parks and Recreation Department pursuant to
the following phasing plan:
A. Phase 1: Park B shall be dedicated and improved and all the land along
Ashley Creek shown as either parks or open space shall be dedicated to
the city. Along with this dedication the bike/pedestrian trail shall be
constructed per the plan approved by the Department along Ashley
Creek as shown on the Willow Creek conceptual site plan.
B. Phase 2: Park E shall be improved
C. Phase 3: Park D shall be improved
D. Phase 4: Park A shall be dedicated and improved
E. Phase 5: The bike/pedestrian path along Ashley Creek shall be paved
F. Phase 7: Park C shall be improved
17. A park maintenance district shall be formed in accordance with section 7-12-
4001 MCA incorporating all the lots within the Willow Creek subdivision. The
taxes levied within the maintenance district shall be determined by the Parks
and Recreation Department with approvals by the Kalispell City Council. Such
a district shall become effective upon recording the final plat of phases 1-7 of
the Willow Creek subdivision.
18. In the event the Homeowners Association fails to maintain its properties, the
park maintenance district program may be initiated by the city to provide
maintenance for some or all of the public or private improvements.
19. A revised landscape plan for the lift station shall be provided to the Parks and
Recreation Department and the Planni ng Department for review and approval.
The plan shall provide for a visual screen to include a combination of trees,
bushes and green groundcover and specifying tree and shrub type and size at
the time of planting. Fencing around the lift station shall be the same fencing
referenced in the conditions of this PUD. The approved landscape plan and
fencing shall be installed prior to final plat of phase 1.
20. The developer shall provide the Parks and Recreation Department a revised
landscaping and irrigation plan for the common area along Foys Lake Road.
The plan shall provide for a visual screen for the fence along Foys Lake Road.
The visual screen shall include a combination of trees, bushes and green
groundcover and specifying tree and shrub type and size at the time of planting.
The approved planting and irrigation plan shall be installed per the phased
improvement schedule for Foys Lake Road specified in condition 39 of the
preliminary plat approval. (Findings of Fact Section D)
21. Prior to submitting a final plat for each phase, the final lot grading plan shall be
submitted to the Public Works Department for review and approval.
22. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through
279, 280 through 288 and lots 289 through 291 shall be redesigned so that
access is provided by an alley. The alley shall be constructed prior to final plat
approval of the lots in their respective phase.
23. Willow Creek Drive shall be re -aligned so a larger portion of the road and right-
of-way are outside of the recommended 200 foot setback as shown on the
preliminary plat.
24. The power, phone, natural gas and cable television lines shall be located within
the alley right-of-way. Where an alley is not adjacent to the lot the power,
phone, natural gas and cable television lines shall be located within a separate
5-foot easement outside of the road right-of-way easement.
25. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat submittal for each phase. The
minimum of two-thirds of the necessary infrastructure shall include the
extension of water and sewer mains to the site and the necessary lift station to
transport effluent back to the city sewage treatment plant. For phase 1, the
minimum infrastructure shall also include the completed roadway connection
from Foys Lake Road to Highway 2.
26. The final plats for the Willow Creek subdivision shall be filed consecutively from
phase 1 through phase 7. The first phase shall be filed within three years of
approval of the effective date of this PUD. Each successive phase shall be filed
within two years of final plat approval of the previous phase.
27. That a development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and formalizing the terms,
conditions and provisions of approval. The final plan as approved, together
with the conditions and restrictions imposed, shall constitute the Planned Unit
Development (PUD) zoning for the site.
Willow Creek Subdivision Conditions
General Conditions:
28. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well
as any additional conditions associated with the preliminary plat as approved
by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
29. Any retaining walls used on the project site shall have a maximum height of 3
feet. If a higher retaining wall is needed the wall shall be stepped and
landscaped with a design approved by the Parks and Recreation Department
and Planning Department. (Subdivision Application and Findings of Fact
Section C)
30. A geotechnical report shall be provided to the Public Works Department and
Building Department at the end of the site grading showing the fill areas on the
site have been properly compacted. (Findings of Fact Section C)
31. Street lighting shall be located within the subdivision and along Foys Lake Road
and shall be shielded so that it does not intrude unnecessarily onto adjoining
properties. (Kalispell Subdivision Regulations Section 3.09(L)).
Prior to final plat:
32. 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 and Montana Public Works Standards; the design shall be
certified in writing by a professional engineer licensed in the State of Montana.
All design work shall be reviewed and approved in writing by the Kalispell
Public Works Department prior to construction. This infrastructure shall
include but not be limited to streets, street lighting, street signage, curb, gutter,
boulevard and sidewalks. (Kalispell Design and Construction Standards)
33. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction
and Montana Public Works Standards. The water and sewer main extension
plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the water and sewer mains have been built and
tested as designed and approved. (Kalispell Design and Construction
Standards)
Note: Extension of the water and sewer mains to the property lines may be
required by the Pubic Works Department. Furthermore, hydraulic conditions
and/or future city requirements may require the water main be extended to
Appleway within the northern access roadway (Willow Creek Drive) for the
development.
34. The developer shall submit to the Kalispell Public Works Department for review
and approval a storm water drainage report and an engineered drainage plan
that meets the requirements of the current City standards for design and
construction. The report shall include a phased construction schedule showing
when detention facilities will be constructed. Prior to final plat, a certification
shall be submitted to the Public Works Department stating that the drainage
plan for the subdivision has been installed as designed and approved. (Kalispell
Design and Construction Standards)
Note: An off site downstream analysis for the new south side hill drainage shall
accompany the drainage report. This analysis will need to identify if the new
volume release from the development will impact the downstream adjacent
properties, conveyance channels, and water bodies. This downstream analysis
will need to look at the 2, 10, and 100 year flows. Volumes and peak flows will
not exceed the 2, 10 and 100 year flows.
35. The developer shall submit to the Kalispell Public Works Department prior to
construction, a city storm water management plan for review and approval and
a copy of all documents submitted to Montana Department of Environmental
Quality for the General Permit for Storm water Discharge Associated with
Construction Activities. (Kalispell Design and Construction Standards)
36. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a
proper bond has been accepted for unfinished work. (Kalispell Design and
Construction Standards)
37. A note shall be placed on the final plat of each phase including alleys stating
that the alleys shall be privately maintained. (Findings of Fact Section D)
38. Prior to the final plat of phase 1, all traffic mitigation listed in the traffic impact
study for Willow Creek and, except the recommendation to signalize the
intersection of Valley View Drive and Foys Lake Road, shall be completely
constructed as part of Phase 1. (Traffic Impact Study and Findings of Fact
Section D)
39. Prior to the final plat of phase 1, Foys Lake Road, along the projects frontage, to
the intersection of Willow Creek Drive shall be upgraded to urban collector
standards. Prior to the final plat of phase 2, Foys Lake Road, from the
intersection of Willow Creek Drive to the western boundary of the project site
shall be upgraded to urban collector standards. The improvements shall
include widening the roadway from the center line of the roadway north,
installing street lights and street trees in addition to the landscaping proposed
in the elevations submitted with the PUD. The 10-foot wide meandering
bike/pedestrian path shall provide the pedestrian access normally provided by
a 5-foot sidewalk. As part of the improvements to Foys Lake Road for phase 1
the developer shall provide infrastructure for the future signal light
recommended at the intersection of Valley View Drive and Foys Lake Road in
the traffic study. All improvements shall be reviewed and approved by the
Kalispell Public Works Department and Montana Department of Transportation.
(Traffic Impact Study and Findings of Fact Section D)
40. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through
279, 280 through 288 and lots 289 through 291 shall be redesigned so that
access is provided by an alley. The alley shall be constructed prior to final plat
approval of the lots in their respective phase. (Findings of Fact Section D)
41. Prior to final plat approval for phase 6 a 60-foot wide road and utility easement
shall be provided to the adjacent property to the west of the project site, Tract
7, through the common open space located between lots 310 and 311.
(Findings of Fact Section D)
42. The developer shall obtain an approach permit from the Montana Department
of Transportation (MDT) for Willow Creek Drive and Willow River Drive onto
Foys Lake Road and the connection up to Highway 2. If any improvements are
necessary at the intersection of the roadways, these improvements shall be
completed to the satisfaction of the MDT prior to the respective phase and MDT
shall so certify this in writing to the city. (Findings of Fact Section D)
43. A noise study shall be completed prior to the final plat approval of phase 1. The
noise study shall show how a noise level of 60 dBA at the eastern property
boundary for condo lot 1 of phase 1 and condo lot 3 of phase 3 can be achieved.
The proposed mitigation measures contained in the noise study shall be
reviewed and approved by the city staff and implemented prior to the final plat
of phase 1.
Note: This condition may result in the loss of one or more of the proposed
multi -family buildings. Any deviation from the proposed road alignments
shown on the preliminary plat to achieve the desired number of multi -family
buildings on lots 1 or 3 as described above shall result in the subdivision and
PUD to come back before the city council for review and approval. (Findings of
Fact Section A)
44. A letter from the Montana Department of Transportation shall be provided
stating that the by-pass right-of-way shown on the final plat for phase 1, 3, and
7 is adequate for the construction of the future highway by-pass.
Note: The location of the highway by-pass right-of-way may affect the eastern
boundary line of the proposed subdivision, which may in turn affect the
number of proposed lots or condominium units. (Findings of Fact Section D)
45. A 200-foot building setback, measured from the high water mark of Ashley
Creek shall be shown on the final plats of phases 2, 3, 4, 6, and 7. Within the
200-foot building setback the first 75 feet adjacent to the stream shall be
protected with natural vegetation. No buildings, parking lots or roads shall be
located within the 200-foot setback. A bike/pedestrian path within the 200-foot
setback shall be permitted provided there is an adequate vegetative buffer
between the bike/pedestrian path and Ashley Creek. Prior to installation of the
bike/pedestrian path the developer shall obtain a written approval from the
Montana Department of Fish, Wildlife and Parks. (Findings of Fact Section B)
46. Basements shall be prohibited for the multi -family buildings on condo lot 1 of
phase 1 and condo lots 3 and 6 of phase 3 due to high ground water in the
area. (Findings of Fact Section C)
47. The following requirements shall be met per the Kalispell Fire Department and
so certified in writing by the Fire Department: (Kalispell Subdivision
Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code (2003) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
F. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as a fire lane.
48. A letter shall be obtained from the Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the
landscape boulevards of the streets serving the subdivision. The approved
landscape plan shall be implemented or a cash in lieu payment for installation
of the street trees and groundcover provided to the Kalispell Parks and
Recreation Department. (Kalispell Subdivision Regulations, Section 3.11).
Note: Rocks in the landscape boulevard are prohibited.
49. The approved parks improvement plan (condition 13 of the PUD), open space
improvement plan (condition 14 of the PUD), and bike/pedestrian plan
(condition 15 of the PUD) shall be completed prior to the final plat of the
respective phase of the project as referenced in condition 16 of the PUD.
(Findings of Fact Section D)
50. The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09)
51. All existing and proposed easements shall be indicated on the face of the final
plat. Utility easements for City water and sewer shall be provided to allow for the
logical extension of utilities from this subdivision to adjoining properties. A letter
from the Kalispell Public Works Department shall be obtained stating that the
required easements are being shown on the final plat. (Kalispell Subdivision
Regulations, Section 3.18)
52. 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 designed in accordance with
section 3.22 of the Kalispell Subdivision Regulations and installed or bonded for
prior to final plat. In addition, the mail delivery site and improvements shall be
included in the preliminary and final engineering plans to be reviewed by the
Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
53. 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."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
54. Prior to final plat approval for phase 2, 4, 6, and 7, a detailed floodplain study
shall be completed and accepted by FEMA determining the base flood elevation
for the floodplain area along Ashley Creek. The final plat shall not be recorded
and no significant earth moving within 100 feet of the centerline of the creek
shall be allowed until the completion and acceptance of the study area. The
newly delineated floodplain shall be staked. The base flood elevation accepted
by FEMA shall be indicated on the final plat and no lots shall extend into the
newly delineated floodplain. (Findings of Fact Section A)
55. The water rights allocated to the developer, both surface and ground, shall be
transferred to the city with the filing of each final plat to insure the orderly
accounting of water rights and to protect the future water needs of the city of
Kalispell for it users. (Findings of Fact Section E)
56. Lots 30 through 33 and 292, 294, 295, 296, 276, and 277 shall be reconfigured
to be brought into compliance with section 3.06.G of the subdivision
regulations prior to filing the final plat in their respective phases. (Kalispell
Subdivision Regulations, Section 3.06(G) and Findings of Fact Section H)
On going conditions:
57. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
58. All areas disturbed during development shall be re -vegetated with a weed -free
mix immediately after development.
City of Kalispell
Planning Department
17 - 2°d Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
SUBJECT: Cost of Services Analysis -Residential Annexation
DATE: November 28, 2007
BACKGROUND: This is a cost of services analysis based on a request to annex the
Willow Creek subdivision. The 164.5 acre project site is located on the north side of
Foys Lake Road 1/4 mile west of the current city limits along Meridian Road. The
project site's eastern boundary is located along the Burlington Northern railroad right-
of-way. From its eastern boundary the project site continues west just over 1/2 mile
along Foys Lake Road and ending at the eastern boundary of the Stoneridge
subdivision. Ashley Creek makes up the northern boundary of the project site. The
property is located on the north side of Foys Lake Road at the intersection of Foys
Lake Road and Valley View Drive. The properties included in the overall project site
can be described as Tracts 1, IAI, 1B, 1BA, 1BB, 1D, 1DA, IE, 1F, 1FA, 1FB, and 7AB
located within the N 1/2 of the N 1/2 of the S 1/2 of Section 13, Township 28 North, Range
22 West.
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.
The Willow Creek subdivision proposes 531 dwelling units of which there would be
361 single-family homes, 18 townhomes and 152 condominium units. A total of 7
phases are included in the subdivision proposal. Preliminary Plat Phasing in the
application indicates improvements for phase 1 would be in 2008. Subsequent phases
would be completed on a yearly basis with phase 7 completed in 2014.
This Cost of Services Analysis has been prepared as a residential annexation for
residential land over on -half acre and is only an estimate based on a variety of
assumptions. This information does not take into consideration the build -out time or
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. A complete and accurate calculation will be completed at the time a
connection to water and sewer is requested and/or a building permit is applied for as
the necessary information would be available at that time.
CONCLUSIONS: Cost of services for this annexation is estimated to be $736,508.
Approximately $747,476 will be generated from assessments and taxes and a one time
impact fee for water, sewer, stormwater, police and fire is estimated to be $3,151,724.
Based on these estimated figures, the net revenue to the city would be approximately
$10,968. Please refer to Exhibit A for more specific details on the calculations.
Respectfully submitted,
Sean Conrad
Senior Planner
Analysis compiled: November 28, 2007
Attachments: Exhibit A - Cost of Services Analysis for Willow Creek
c: Theresa White, Kalispell City Clerk
2
WILLOW CREEK
COST OF SERFVICES ANALYSIS (RESIDENTIAL LAND OVER 112 ACRE)
November 28, 2007
PROJECT DETAILS
Number. of dwelling units proposed to be annexed: 531
Estimated increase in population: 1168
Average square foot per lot: 9,000
Assessed value per property. $245,000
1. COST OF SERVICES
Per capita costs based on increase in population: 1168
Fire: $95,056
Police: $121,399
Administration: $1,127
Solid Waste: $0
Costs per dwelling unit or Equivalent Residential Unit (ERU): 531
Roads: $102,780
Water: $117,463
Sewer: $175,039
Wastewater Treatment $88,858
Stormwater: $34, 786
TOTAL ANTICIPATED COST OF SERVICE _ $736,508
2. ANTICIPATED REVENUE GENERATED
Assessments based on average square foot per lot. 9,000
Storm sewer assessment: $23,871
Street maintenance assessment: $53,095
Urban forestry assessment: $150
Light maintenance assessment: $150
Sewer and water bill: $19,801
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS = $97,067
3. TAX REVENUE
Assessed value per property:
$245, 000
Total assessed value:
$130,095,000
Total taxable value:
$3,993,917
Total additional revenue based on 170 mill levy:
$650,409
TOTAL ESTIMATED TAX REVENUE _ $650,409
4. IMPACT FEES
Sewer impact fee:
$1,188,521
Water system impact fee:
$2,155
Stormwater impact fee
$533,442
Police impact fee
$21,303
Fire impact fee
$264,153
TOTAL ESTIMATED IMPACT FEE _ $3,151,724
SUMMARY
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $747,476
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $3,151,724
7. NET REVENUE TO THE CITY PER YEAR (ITEM 1 - ITEM 5) $10,968
WAYNE TURNER
REQUEST FOR INITIAL ZONING OF R-3 UPON ANNEXATION
STAFF REPORT #KA-07-03
REQUEST FOR INITIAL ZONING OF R-3 UPON ANNEXATION
STAFF REPORT #KA-07-13
REQUEST FOR A PLANNED UNIT DEVELOPMENT
STAFF REPORT #KPUD-07-1
REQUEST FOR WILLOW CREEK SUBDIVISION
STAFF REPORT #KPP-07-2
KALISPELL PLANNING BOARD FINDINGS
NOVEMBER 27, 2007
(Amended)
A report to the Kalispell City Council regarding:
• Initial zoning designation of R-3 on 140.5t acres of the 164.5t acre project site upon
annexation to the City of Kalispell. The planning board made a recommendation of R-3
to the Kalispell City Council on at its May 8th meeting. After this recommendation the
developer amended the project application to include another 24 acre for annexation
and initial zoning of R-3.
• Initial zoning designation of R-3 on a 24 acre portion of a 164.5t acre project site upon
annexation to the City of Kalispell (note that this 24 acres lies underneath the proposed
by-pass and includes wetlands, Ashley Creek floodplain and some undevelopable land all
adjacent to and east of the proposed Willow Creek Development that was inadvertently
left out of the original application submissions by the applicant.)
• A Planned Unit Development (PUD) overlay proposal for 140.5t acres of the 164.5t
acre project site.
• A preliminary plat approval for 531 dwelling units on a 140.5t acre portion of a
164.5t acre project site. The 531 dwelling units are a combination of 361 single
family residential lots ranging in size from 4,000 square feet to approximately 18,000
square feet, 18 townhomes and 152 condominium units. The condominium units
would be located within 15 multi -family buildings ranging in size from an 8 unit
building up to a 16 unit building.
A public hearing was scheduled before the planning board on November 13, 2007, in the
Kalispell City Council Chambers. The planning board did forward this set of findings
and recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION: The developers have petitioned for annexation of the
164.5t acre project site with an initial zoning classification of R-3, Urban Single Family
Residential. An area approximately 24 acres in size is before the planning board to
make a recommendation on the appropriate zoning district should this land be annexed
into the city of Kalispell. The 24 acre area includes the area shown on the preliminary
plat labeled as the proposed Kalispell by-pass and areas east of the by-pass labeled as
not a part of the subdivision. The planning board reviewed the initial zoning request of
R-3 on the 140.5t portion of the 164.5 acre project site at its April 10+h meeting but did
not make a recommendation until the May 8th meeting. During the May 8th planning
board meeting the planning board recommended the council approve the requested R-3
zoning on a vote of 5 to 1. This staff report has been amended to reflect the findings of
fact the planning board reviewed in both staff reports, KA-07-03 and KA-07-13. These
amended findings of fact can be found under section I Evaluation based on statutory
criteria for initial zoning and proposed PUD overlay, of this staff report.
At the planning board's April and May meetings the board also reviewed a Planned Unit
Development (PUD) zoning overlay district and preliminary plat to create 710 dwelling
units on a 140.5 acre project site. The planning board ultimately recommended denying
the proposed PUD request on a vote of 5 to 1 and tabled action on the preliminary plat.
The planning board recommended denial based on the overall density of 710 dwelling
units, the lack of compliance with the recommended 200 foot setback along Ashley
Creek, general neighborhood compatibility, and a concern for the negative impacts that
traffic will have on the greater neighborhood
In July the developer revised the proposed project and included an additional 24 acre
area be annexed into the city with the initial zoning district of R-3. The 24 acre area is
the same area discussed in this report. This area includes the area shown on the
preliminary plat labeled as the proposed Kalispell by-pass and areas east of the by-pass
labeled as not a part of the subdivision.
The revised project proposal reduced the overall number of dwelling units from 710
down to 580 units. The developers also showed a 200 foot setback from Ashley Creek as
recommended by the Montana Department of Fish, Wildlife and Parks.
At the July planning board meeting the planning board recommended denying the
proposed PUD on a vote of 4-2 with 1 abstention. The planning board denied the PUD
request based on the density of the project. The planning board then recommended
denying the preliminary plat on a vote of 5 -1 with 1 abstention. The planning board
denied the preliminary plat based on the fact that without the PUD the preliminary plat
would not meet several areas of the zoning ordinance and the subdivision regulations.
The developer has resubmitted the proposed project, Willow Creek, again to seek a
positive recommendation on the project and to move forward to the city council. The
revised project has reduced the number of dwelling units from 580 to 531.
The past versions of the proposed project did include a growth policy amendment on the
portion of the site. The 164.5t acre project site includes the Suburban Residential and
Industrial land use designations as shown on the Kalispell Growth Policy Future Land
Use Map. The planning board did make a recommendation for a growth policy
amendment from Industrial to Suburban Residential on a portion of the 164.5t acre
project site. This recommendation was forwarded to the city council who, at their July
meeting, did not approve the growth policy amendment request.
The city council held a work session on July 30th to again discuss the growth policy land
use designations in this area. During this work session the council instructed the
planning staff to conduct a growth policy amendment for the lands designated Industrial
on the Kalispell Growth Policy Future Land Use Map which are located generally north of
Foys Lake Road and westerly and southerly of the BNSF railroad R/ R just west of South
Meridian Road. The lands are currently owned by Wayne Turner and BNSF Railroad
K
and include approximately 116 acres.
The Kalispell Planning Board met on September 11, 2007 and held a public hearing to
consider a request from the city to change the 116 acre area from Industrial to a
combination of Suburban Residential (allowing up to 4 residential units per gross acre),
Urban Mixed Use (residential, office and limited retail), and High Density Residential (8-
40 residential units per gross acre) to accommodate the increased growth pressures the
city is experiencing and to recognize that this area is no longer appropriate for industrial
type uses. The planning board, after conducting a public hearing, recommended the city
council consider the above mentioned land use changes on the Kalispell Growth Policy
Future Land Use Map for the 116 acre site. The city council conducted a public hearing
on the matter at its October 15th meeting with the city council taking formal action on
the growth policy amendment at the November 5, 2007 regular city council meeting.
At the city council's November 5rh meeting, the council approved the growth policy
change which now designates the 164.5t acre project site as Suburban Residential on
the Kalispell Growth Policy Future Land Use Map.
This staff report will address all three requests; initial zoning, planned unit development
overlay district and preliminary plat, that the developers are seeking on the 164.5t acre
project site. Each request will be reviewed with a recommendation and unified set of
conditions at the end of the report on page 40. Throughout the staff report references
are made to application materials submitted for the project including exhibit maps and
tables. A copy of this information is available at the Kalispell Planning Office.
A. Petitioner and Developers:
Technical Assistance:
Wayne Turner
3300 Highway 2
Kalispell, MT 59901
(406) 261-0728
CTA Architects Engineers
1143 Stoneridge Drive
Bozeman, MT 59718
(406) 556-7100
Sands Surveying, Inc.
2 Village Loop Road
Kalispell, MT 59901
(406) 755-6481
WMW Engineering
50 Second Street
Whitefish, MT 59937
(406) 862-7826
B. Location and Legal Description of Property: The project site is located on the
north side of Foys Lake Road 1/4 mile west of the current city limits along Meridian
Road. The project site's eastern boundary is located along the Burlington
Northern railroad right-of-way. From its eastern boundary the project site
continues west just over 1/2 mile along Foys Lake Road and ending at the eastern
boundary of the Stoneridge subdivision. Ashley Creek makes up the northern
3
boundary of the project site. The property is located on the north side of Foys
Lake Road at the intersection of Foys Lake Road and Valley View Drive. The
properties included in the overall project site can be described as Tracts 1, 1AI,
113, 1 BA, 1 BB, 1 D, 1 DA, 1 E, IF, 1 FA, 1 FB, and ?AB located within the N 1/2 of the
N 1/2 of the S 1/2 of Section 13, Township 28 North, Range 22 West.
C. Existing Land Use and Zoning: The property is currently in the county zoning
jurisdiction and is zoned R-1, Suburban Residential, and I-2, Heavy Industrial.
The county zoning ordinance defines the R-1 zoning as a district to provide estate -
type development in rural areas away from concentrated urban development,
typically not served by water or sewer services, or in areas where it is desirable to
permit only low -density development (e.g., extreme topography, areas adjacent to
floodplains, airport runway alignment extensions).
The county zoning ordinance defines th,
industrial uses to accommodate heavy
and assembly of parts or materials. It is
non -industrial or unspecified commercial
I-2 zoning as a district to provide for
manufacturing, processing, fabrication,
also intended that the encroachment of
uses within the district be prevented.
The 164.5t acre project site is currently vacant save an existing pole barn that
may have been used for hay storage. There is an abandoned irrigation ditch
located along the north side of a small hill on the project site. There is also an
irrigation pump house and main line located in Ashley Creek. It can be presumed
that in some point in the past there was irrigated land for either crop production
but more likely for horse pasture during the dry summer months. Of the
property's industrial past only remnants of the former industrial uses now exist
on the site. A few dirt roads provide access to portions of the site with an existing
culvert crossing for Ashley Creek located in the northwest corner of the project
site. This crossing provides access to industrial zoned property immediately north
of the project site.
D. Adjacent Land Uses and Zoning:
North: Montana Forest Products and rural residential development; County
R-1 and I-2 zoning
East: Single-family homes, Montana Forest Products and vacant land;
County R-1 and I-2 zoning
South: Single-family homes; County R-1 zoning.
West: Single-family homes; County R-1 zoning
E. General Land Use Character: The area can be described as largely rural
residential with larger tracts of land located north, south and west of the project
site. These areas have been developed with single-family homes built anywhere
from the last several years to decades old. To the east of the site is an existing
lumber mill which over the years' has been significantly reduced in size and
production output however is still operating.
The 164.5t acre project site is situated just outside the western city limits of
Kalispell. Less than a 1/4 mile east of the project site is urban scale residential
development along Meridian Road. A recent annexation and approval of the Lone
Pine Trail subdivision is located south of the project site approximately 1/8 of a
0
mile. This development includes single-family and duplex units in an urbanized
setting. The Lone Pine Trail subdivision has extended water and sewer lines along
Foys Lake Road in order to service the future lots within this subdivision. These
lines are within the road right-of-way adjacent to the project site.
F. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
G. Overall Project Description:
The project involves 164.5t acres of land bounded on the north by Ashley Creek,
the east by primarily the Burlington Northern railroad right-of-way, on the west
by the Stoneridge subdivision and to the south by Foys Lake Road. The
applicants propose a mix of residential housing types to be developed in 7 phases.
The first phase is proposed in the eastern portion of the project site. The second
phase is located immediately west of the first phase. Subsequent phases will
move east, west and south of the first two phases with phase 7, the last phase of
the project, located in the northwest portion of the project site.
The majority of residential dwellings proposed as part of the Willow Creek
subdivision are single family homes with just over 28% of the dwelling units
proposed on the site as condominiums. The application requests 152 total
condominium units within 15 multi family buildings ranging from an 8 unit to a
16 unit building. The application also requests 361 detached single-family homes
on lot sizes varying from 4,000 square feet to 18,000 square feet. The developers
have also requested 18 townhouse lots ranging in size from 4,000 square feet to
9,000 square feet.
As part of the project proposal the developers have proposed a common area
along Foys Lake Road which would be landscaped and include a bike trail. Along
the Ashley Creek corridor the developers have proposed a combination of open
space and parkland along with a bike path. Five interior parks have also been
included with the project proposal to provide the immediate recreational needs of
future residents on the site.
k,
I. EVALUATION BASED ON STATUTORY CRITERIA FOR MTIAL ZONING AND
PROPOSED PUD OVERLAY
The requested R-3 zoning before the planning board and city council includes an
area approximately 164.5 acres in size. The requested Planned Unit Development
(PUD) overlay zoning district includes 140.5 acres of the overall 164.5 acre site
and coincides with the land proposed to be subdivided.
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. Findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell
Zoning Ordinance.
1. Does the requested zone comply with the growth Policy?
On February 18, 2003 the Kalispell City Council adopted the Kalispell Growth Policy
which designates approximately 110 acres of the 164.5 acre project site as Suburban
Residential with the remaining 54.5 acres as Industrial. As discussed on pages 2 and
3 of this staff report, the city council recently approved a growth policy amendment
on the 164.5 acre project site. The growth policy amendment approved by the city
council removed the Industrial land use designation on approximately 54.5 acres of
the 164.5 acre project site and designated this land as Suburban Residential. The
entire 164.5 acre project site is designated Suburban Residential on the Kalispell
Growth Policy Future Land Use Map.
The Suburban Residential land use designation anticipates a density of up to 4
dwelling units per gross acre. The area is proposed for R-3, Urban Single Family
Residential, zoning designation that anticipates single-family homes as the primary
use on lots not less than 7,000 square feet in size.
The requested PUD would deviate from the minimum lot size in the R-3 zoning
district as well as the uses. The PUD requests townhouses be a permitted use,
which they are currently a conditional use in the R-3 zoning district, and requests
multi -family buildings be permitted within the R-3 district as well. Under the R-3
zoning district multi -family dwellings are not permitted or conditionally permitted
since it is primarily a single-family residential zoning district.
The Kalispell Growth Policy, Chapter 3, Policy 9 states in part that suburban
housing densities should not exceed two to four dwellings per gross acre. The
proposed PUD would not exceed this density with the current project proposal at
3.8 dwellings units per acre.
The Kalispell Growth Policy, Chapter 3, Policy 2 states, "Encourage the
development of urban residential neighborhoods as the primary residential land
use pattern in the growth policy area by allowing urban residential densities in
areas designated as suburban residential provided the development is consistent
with the character of the area and public services are adequate."
The proposed PUD is a mixed residential PUD that includes detached single
family homes, townhomes and multi -family apartment buildings. The proposed
PUD would provide for larger lots, varying between 10,900 square feet to
approximately 14,000 square feet along Foys Lake Road. Lots proposed on the
western boundary of the subdivision adjacent to the Stoneridge subdivision would
vary between 16,900t square feet to 18,000± square feet. The intent is to provide
larger city size lots facing and adjacent to existing residential lots within the
county in order to be consistent with the character of the area. In the interior of
the project the proposed PUD would provide for much smaller single family lots,
4,000 square feet to 6,000 square feet, townhouse lots and the multi -family
buildings. The proposed PUD plan can be found to meet the intent of Policy 2,
Chapter 3 of the Kalispell Growth Policy as cited above.
Based on the above cited policies in the Kalispell Growth Policy, the requested
zoning districts can be found to comply with the existing land use designations
and the growth policy.
2. Is the requested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed zone change of the property will increase
traffic impacts in the area due to the relatively low density of the area currently and
the relatively higher density allowed under the proposed zoning districts. As part of
the overall project proposal the developer had a traffic impact study conducted to
provide possible mitigation measures to the increase in traffic the development
proposal will have on existing streets. The proposed R-3 and PUD zoning districts
would allow densities that will have an impact on surrounding streets. However,
through the PUD and subdivision review process conditions will be recommended to
insure that existing streets are upgraded and new traffic routes are provided to lessen
congestion in the streets. A full discussion of the traffic impact study and
recommended mitigation measures can be found under the review for the PUD and
subdivision in this staff report.
3. Will the requested zone secure safety from fire, panic, and other dangers?
At the time this property is developed, the 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 which relate to fire and building safety. All municipal
services including police and fire protection, water and sewer service is available
to the property and will be utilized at the time another lot is created in the future.
4. Will the requested zone promote the health and general welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties and provides a place for new housing in the community.
5. Will the requested zone provide for adequate light and air?
7
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance and through the requested PUD
to insure adequate light and air is provided.
6. Will the requested zone prevent the overcrowding of land?
This area has been anticipated for primarily residential development. The
anticipated densities of the proposed zoning districts fall within the residential
densities established 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. This is unlikely to
occur.
7. Will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will likely result
after this land has been converted from county residential and industrial zoning to a
more intensive city residential zoning. However, the intensity of the uses of the
property would be in direct relationship to the availability of public services, utilities
and facilities as well as compliance with established design standards. The design
standards and availability of utilities would provide the infrastructure needed to
insure that there will not be an overcrowding of the land or undue concentration of
people. Minimum lot standards and use standards as well as subdivision
development standards will avoid the undue concentration of people at the time
the property is further developed.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Public service, facilities and infrastructure would be made available to the developer.
New improvements to the property such as roads, water, sewer, parks and drainage
would be installed in accordance with city policies and standards at the developers'
expense thereby insuring that there is adequate provision of services to the site prior
to development. Fire, police, ambulance and public access are adequate to
accommodate potential impacts associated with the development of this site. There
will be impacts to services that can be anticipated as a result of this proposal 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 give consideration to the particular suitability of the
property for particular uses?
The 164.5t acre site is fairly level throughout with a small hill located along the
southern portion of the project site and some steep slopes adjacent to Ashley
Creek, located along the project site's northern and eastern boundaries. The
proposed PUD includes utilizing setbacks and open space areas along Ashley
Creek to mitigate potential impacts to water quality and prohibit development on
the adjacent steep slopes. The future Highway 93 by-pass will locate on the
eastern boundary of the PUD site. Conditions of approval for the PUD and
subsequent subdivision will need to address future noise impacts along the
n
Highway 93 by-pass to the residential units proposed on the project site. As was
stated previously, the majority of the site is level with few other constraints.
Therefore, the requested zoning districts give due consideration to the particular
suitability of the property for particular uses.
10. Does the requested zone wive reasonable consideration to the character of the
district?
The general character of the area is rural residential development. The proposed
zoning allows this development to address needs within the community for housing
and support services on public services and in reasonable proximity to the City core
for the future. Availability of public water and sewer to the area indicate that this
type of development will continue to occur on the urban fringes of the community to
be developed with similar types of uses as is proposed with this property, i.e.
suburban or urban residential rather than rural residential uses. It appears that the
proposed rezoning gives reasonable consideration to the character of the district.
11. Will the proposed zone conserve the value of buildings?
The development anticipated under the proposed zoning is more intensive than the
land uses currently surrounding the project site. City standards will insure that
infrastructure built to serve the subdivision is adequate and the PUD zoning will
provide for design standards within the project site, which will insure the value of
buildings and homes is protected, maintained and conserved.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
The requested R-3 zoning would be consistent for the anticipated Suburban
Residential land use designation on the 164.5 acre project site. The requested
PUD would allow a mix of residential uses on the 140.5t acre portion of the
project site. Residential development is encouraged in areas were services and
facilities are available or can be extended to serve such development such as the
subdivision being proposed in conjunction with the annexation, initial zoning and
PUD request. The proposed zoning districts are consistent with the growth policy
plan.
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U. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Project Narrative: Nature of the Request: This is a request for a Planned Unit
Development (PUD) zoning overlay on a 140.5t acre portion of the 164.5 acre project
site. The property is currently zoned R-1, Suburban Residential, and I-2, Heavy
Industrial in the county. The developers have requested annexation into the City of
Kalispell with the initial zoning of R-3. The proposed PUD will be known as Willow
Creek and contain a total of 531 residential units. The 531 dwelling units are a
combination of 361 single family residential lots ranging in size from 4,000 square
feet to approximately 18,000 square feet, 18 townhomes and 152 condominium
units. The condominium units would be located within 15 multi -family buildings
ranging in size from an 8 unit building up to a 16 unit building.
With the mix of residential units proposed on the project site, the PUD application is
requesting seven deviations from the Kalispell Zoning Ordinance and the Kalispell
Subdivision Regulations to accommodate the proposed project.
The seven requested deviations are as follows:
1. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
2. Kalispell Zoning Ordinance, Section 27.06.020 and 27.06.030 (Permitted and
conditional uses in the R-3 zoning district)
3. Kalispell Zoning Ordinance, Section 27.06.040 (1)(Minimum lot area in the R-3
zoning district)
4. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building setbacks)
5. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges)
6. Kalispell Zoning Ordinance, Section 27.21.030 (4)(a) (Residential PUD densities)
7. Montana Department of Transportation noise setback recommendation
Criteria for the creation of a Planned Unit Development (PUD) District
The following information and evaluation criteria are from Section 27.21.020(2), of the
Kalispell Zoning Ordinance. The intent of the planned unit development provisions are
to provide a zoning district classification which allows some flexibility in the zoning
regulations and the mixing of uses which is balanced with the goal of preserving and
enhancing the integrity of the neighborhood and the environmental values of an area.
The zoning ordinance has a provision for the creation of a PUD district upon annexation
of the property into the city.
Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations
provide that the planning board shall review the PUD application and plan based on the
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following criteria:
1. The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including, but not
limited to, density, bulk and use, and the reasons why such departures are
or are not deemed to be in the public interest;
As stated above the owners are requesting seven relaxations in the zoning and
subdivision regulations. Below are the seven relaxations requested with the consultants
reasoning on why such departures are deemed to be in the public interest. Planning
staff has provided its comments in italics.
1. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
This section specifies that block lengths shall not be less than 300 feet nor more
than 1,200 feet. The owner is requesting to exceed the 1,200 foot block length
proposing blocks up to 1,600 feet in length and to allow blocks less than 300 feet,
with proposed blocks at approximately 220 feet in length.
Excessively long blocks create neighborhoods that are not well connected for
convenient access by vehicles, pedestrian traffic or emergency traffic. The Kalispell
Growth Policy, Chapter 8, Urban Design, Historic and Cultural Conservation, Goal 2
states, "Encourage design that is consistent with and contributes to the character of
the area and that promotes safe and accessible pedestrian access and movement."
Although the developer should be commended for the pedestrian and bike trail
system proposed throughout the subdivision, in order to comply with this goal of the
growth policy pedestrian pathways should be located either midway on blocks
exceeding 1,200 feet in length or in the area of the block exceeding 1,200 feet which
would provide the best connectivity to surrounding streets or pedestrian/bike paths.
Pursuant to section 3.0ZD of the Kalispell Subdivision Regulations, the
bike/pedestrian paths should be located with a minimum 1 S foot wide right-of-way.
Planning staff does not see a problem with allowing blocks smaller than 300 feet as
they coincide with smaller lots located centrally within the project site.
2. Kalispell Zoning Ordinance, Section 27.06.020 and 27.06.030 (Permitted and
conditional uses in the R-3 zoning district)
This section does not permit or conditionally permit the multi -family buildings
proposed as part of the project. The developers are requesting that multi -family
buildings be allowed within the R-3 zoning as part of this PUD.
Section 3.2 of the application states that the developer felt it is important to provide
additional opportunities for residential ownership via condominiums. The planning
department would agree that the variety of housing types and ownership
possibilities in the proposed project warrant such a deviation from the typical single-
family residential subdivision. Goal 1, Chapter 3 of the Kalispell Growth Policy
supports this as the goal states, "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." Unfortunately, a majority of the multi family buildings are located on
the eastern boundaries of the subdivision. These units are most likely going to be
altered in location or design to mitigate impacts for sound mitigation along the future
11
Highway 93 by-pass.
The current site plan shows the general location of the multi family buildings.
Planning staff is recommending as a condition of approval that, prior to issuance of
a building permit for each of the multi family units, they be reviewed for the
following:
1. On -site parking in accordance with the zoning ordinance
2. Landscaping in compliance with plans submitted in the PUD application
3. Sidewalk connectivity between the units, parking areas and sidewalks along the
adjoining streets
4. The incorporation of bike racks
The plans will also be reviewed for adequate setbacks to any sound mitigation (e.g.
berms, walls or fences) or bike path easements. A minimum separation should be
required from the buildings to the bike path of at least 20 feet. A minimum
separation should also be required from the buildings to the toe of any earth berm,
wall or fence higher than 5-feet of at least 30 feet. Planning staff would also
recommend that a minimum separation exist between the multifamily buildings on
the same lot. The minimum separation between buildings is proposed at 20 feet
from eave to eave with a 10 foot side setback instead of the minimum 5 foot side
setback in the R-3.
The associated parking lots serving the multi family units place an excess amount of
asphalt and parking areas in what is predominately a single-family residential
neighborhood. The developer is also proposing an overflow parking lot located
immediately south of park C. The parking lot would provide approximately 50
parking spaces to be used for visitors of the nearby multi family units or the park
facilities in the area.
Based on parking standards within the zoning ordinance, any required parking
would have to meet a minimum 20 foot setback from the front property line and
would be prohibited within 5-feet of a side property boundary. In addition to these
setbacks and the associated perimeter landscaping required in the zoning
ordinance, planning staff recommends landscape islands be placed within the
parking lots to break up the concentration of vehicles and compliment the
landscaping associated with the multi family buildings.
The conceptual elevations submitted in the application which depict the multi family
buildings, figures 3.22 and 3.22A, do provide some architectural components such
as articulated rooflines and entry design features. The incorporation of these
features are included in the Kalispell Architectural Design Standards adopted for
the city. Along with the architectural components included on figures 3.22 and
3.22A, planning staff would recommend adding a minimum three colors (two colors
for the body of the building with a different color for building trim) be used in the
exterior color design for the buildings. This color scheme would be included for
review by the architectural review committee. The purpose of the multiple colors is
to provide for additional interest in the building.
3. Kalispell Zoning Ordinance, Section 27.06.040 (1)(Minimum lot area in the R-3
zoning district)
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The section requires a minimum lot size in the R-3 zoning district to be 7,000
square feet. The developers are requesting lot sizes down to 4,000 square feet.
The application states that 219 detached single-family lots would be between
4,000 square feet and 6,000 square feet.
Section 3.2 of the application states the developer believes that the reduction in the
minimum lot size is necessary to provide a tight -knit home town community with
affordability and low maintenance lots. Again, planning staff can support such a
reduction because with the smaller lots the developer has also proposed a number
of lots at 7, 000 square feet or larger along the southern and western boundaries of
the project site. The larger lots provide a better integration of the city lots proposed
within the project and existing lots in the county. This deviation can also be
supported by Goal 1 of Chapter 3 of the Kalispell Growth Policy as cited above.
Upon reviewing the proposed project the building department recommends staking
be in place prior to and during construction of homes on the lots less than 6, 000
square feet in size to assure setbacks are being met. This recommendation is based
on the difficulty of enforcing setbacks for foundations and homes in a tight knit
development where typical building lot widths have been reduced as well as the
setbacks.
4. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building setbacks)
The section requires front, side corner and rear yard setbacks of 20 feet. The
owner is requesting these setbacks be reduced to 10 feet.
The developer has requested the reduced setbacks in order to bring the future
homes closer to the street to have more interaction with the streetscape and better
pedestrian interface. The Planning Department would encourage house oriented
streets instead of garage oriented streets. Staff would also agree that reduced
setbacks would provide for better interaction with surrounding homes, the
streetscape and pedestrian traffic. The Planning Department recommends however
that the 10 foot setback only apply to the house. The multi family buildings and
garages would need to meet the 20 foot setback provided for in the R-3 zoning
district.
5. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges)
The section requires a fence height of 42 inches in the front setbacks. The
developers are requesting 48 inch high fences in all areas of the subdivision.
The Planning Department does not have an issue with the slight increase in height.
However, the height increase would only apply to fences, not hedges or walls and
the fence could not be solid if placed within the front setback. In requesting the
increase in fence height the application states that any fences used for screening of
ground mounted mechanical equipment will be limited to five feet in height. With
the developer's willingness to provide a lower fence around mechanical equipment
planning staff would recommend that this fence height be a requirement for the
pump station needed as part of the project.
13
6. Kalispell Zoning Ordinance, Section 27.21.030 (4)(a) (Residential PUD densities)
The section permits a maximum density of 7 dwelling units/acre under an R-3
PUD. The developer is requesting to increase this maximum allowable density for
the condominium dwelling units. The developer is requesting a density of 16.54
dwelling units/acre for the condominium units.
The planning department calculates the maximum density of 7 dwelling units/acre
based on the total number of dwelling units proposed on the project site, in this case
531, divided by the total number of acres of the project, 140.5 acres. This provides
a dwelling unit density of 3.8 dwelling units per acre, well within the maximum
allowable under the PUD.
7. Montana Department of Transportation noise setback recommendation
The Montana Department of Transportation recommended a noise setback from
the future Highway 93 by-pass in order to achieve a minimum 60 dBA noise level
from the proposed dwelling units to the center line of the future by-pass. In order
to achieve this level of noise outside the multi -family units, setbacks would need
to be increased between 100 to 175 feet in addition to the setbacks shown on the
preliminary plan.
The developer is requesting to seek the professional aid of an acoustical expert and
provide mitigation in order to not provide such a large distance between future
buildings and the future highway by-pass. The developer has stated in the
application that landscaping, earth berming and architectural appurtenances are
potential methods to mitigate noise impacts from the future highway by-pass. The
planning department recommends a condition of approval to require an acoustical
study be completed and the mitigation measures proposed in the study be reviewed
and approved by the city of Kalispell. Further discussion on potential noise impacts
on the project site can be found under section 171, Review and Findings of Fact for
the Preliminary Plat of Willow Creek, subsection A, Effects on Health and Safety.
The requested deviations can be found to be in the public's interest because with the
deviations the developer is proposing a combination of parks and open space areas open
to the general public. The parks would be developed and a bike/pedestrian trail system
would be provided around the entire project site and connect with the bike trail included
in the future Highway 93 by-pass. The amount of parkland and improvements within
the Willow Creek subdivision exceeds the current requirements for a standard
subdivision not requesting a PUD.
2. The nature and extent of the common open space in the planned development
project, the reliability of the proposals for maintenance and conservation of
the common open space and the adequacy or inadequacy of the amount and
function of the open space in terms of the land use, densities and dwelling
types proposed in the plan;
The project site is 140.5t acres and the proposed Willow Creek PUD would allow the
majority of residential dwellings proposed as part of the Willow Creek subdivision as
single family homes. The application requests 152 condominium units within 15 multi
family buildings ranging from an 8 unit to a 16 unit building. The PUD also requests
14
361 detached single-family homes on lot sizes varying from 4,000 square feet to
upwards of 18,000 square feet and 18 townhouse lots ranging in size from 4,000 square
feet to 9,000 square feet. The overall density of the project site would be 3.8 dwelling
units per acre. The project would be built out in 7 phases. The number of single-family,
townhome and condominium units attached to each phase is shown on figure 3.6 of the
application.
The PUD plan calls for a total of 45.5 acres of common space, open areas and parkland
within the project site. This equates to approximately 32% of the project site. The PUD
plan proposes 11 acres of common space located, for the most part, along Foys Lake
Road and along a portion of the proposed Highway 93 by-pass. A total of 18.55 acres of
open space, the areas primarily along Ashley Creek, is proposed as well as 15.9 acres of
parks.
Within the project site the developer is proposing 5 developed park sites as shown on
figure 3.23. The largest is 6.73 acres and is located in the southwest corner of the
project. A smaller 1.82 acre park is located in the eastern half of the project site with
three other parks located along the northern and eastern project boundaries. These
parks are 2.27, 1.37 and 3.58 acres in size respectfully. The parkland area on proposed
parks C, D and E as shown on figure 3.23 may fluctuate slightly depending on what is
counted towards parkland and what would be considered common space. However, in
no case shall the required parkland go below 15.9 acres.
Within the common space and open space areas for the subdivision the developer is
providing a bike and pedestrian trail, 10 feet wide, around the entire project site. In
areas where the bike/pedestrian path terminates a connection is provided to sidewalks
along the interior streets. For the most part the areas designated as common space and
open areas on exhibit 3.1 will be left relatively unimproved. Landscaping and fencing
will be required in the common areas in order to either mitigate against noise along the
highway by-pass or provide an attractive appearance along Foys Lake Road. Some
minor improvements such as picnic tables, benches and trash receptacles may be
located within the open space areas along Ashley Creek.
Along Foys Lake Road the developers have proposed a 5-foot tall white vinyl fence (a four
foot tall solid vinyl fence with an additional one -foot of white vinyl lattice along the top)
to be installed along the rear lot lines of those lots facing Foys Lake Road. This will
provide a uniform appearance along Foys Lake Road rather than having each property
owner installing a separate fence design which could lessen the aestetic appearance of
the subdivision from Foys Lake Road. However, the planning department has concerns
about the visual appearance along Foys Lake Road with the addition of a 5-foot high
fence approximately 3,000 feet in length.
To maintain the fencing integrity, the planning department would recommend that
homeowners along Foys Lake Road be restricted from placing a higher fence behind the
developer installed fencing. Planning staff is also recommending landscaping be placed
along the south side of the fence facing Foys Lake Road. The purpose of the landscaping
is to break up the large expanse of fencing along the roadway. Figure 3.11 indicates a
fence approximately one foot behind the retaining wall shown in this figure. Additional
land may be required to place landscaping, such as native bushes, between the fence
and retaining wall.
15
Figure 1: Existing fencing along Stillwater Road. Different fencing types and heights
can provide an unattractive appearance from the roadway.
The proposed 45.5 acres of common area, open space and parkland is adequate to
provide for the active and passive recreational uses within the residential PUD. The PUD
request would allow 361 residential lots, 18 townhouse lots and 152 condominium units
on the project site if the PUD is approved. Section 3.19(A)(2) of the Kalispell Subdivision
Regulations requires, at a minimum, the subdivider to dedicate to the City a cash or
land dedication equal to 0.03 acres per dwelling unit when residential densities in a
proposed subdivision exceed 11,880 square feet per dwelling unit. This equates to a
cash or land dedication equal to 15.9 acres. Although the condominium units
technically would not be included in this calculation because no land is being
subdivided to accommodate those units, the PUD still requires the city to address the
open space needs of the development as a whole. Therefore, these units have been
included in the parkland calculation and open space review.
The developer has proposed 5 parks throughout the project site with three of the parks
adjacent to Ashley Creek and the corresponding open space along the creek. In section
3.1, PUD Narrative, of the application it states that the master developer will install
walkways, turf, irrigation, and landscaping within the parks. In order to provide for
functional parkland which includes both passive and active recreational activities, the
Parks and Recreation Department is recommending that in addition to walkways, turf,
irrigation, and landscaping within the parks the developer also provide children's play
equipment, benches, trash receptacles, drinking fountains, where appropriate, and hard
surface play areas to include tennis and basketball courts. As a recommended condition
of approval for the PUD the Parks and Recreation Department would require a park
development plan for each of the five parks proposed in the project site. The plan would
need to show improvements as listed above with the implementation of the park
improvements to coincide with the recommended phase.
The proposed phasing plan shown on figure 3.6 of the application breaks up the 140.5
acre project site into seven different phases. The phasing plan indicates the number of
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lots or condominium units which would be platted or permitted within each phase. In
addition, the phasing plan indicates the parkland, open space or common area to be
dedicated and/or improved with each phase. The following table breaks down the
proposed number of dwelling units per phase, the proposed parkland associated with
each individual phase, and the required parkland based on 0.03 acres per dwelling unit.
PROPOSED PARKLAND DEDICATION
Phase
No. of dwelling units
Proposed Parkland
Required Parkland*
1
153
1.82
4.6
2
83
2.27
2.5
3
72
0
2.1
4
89
1
2.7
5
61
0
1.8
6
56
5.73
1.7
7
17
5.08
0.5
Total
1531
15.9
15.9
*Required parkland based on 0.03 acres per dwelling unit
Based on the developers proposed parkland dedication, two-thirds of the parkland
would not be dedicated until the last two phases when 458 lots or condominium units
would have received subdivision approval. After reviewing the proposed phasing plan
and coinciding parkland dedication, the Parks and Recreation Department is
recommending that in addition to park B, as shown on figure 3.23, all the land along
Ashley Creek shown as parks and open space be dedicated to the city. Along with this
dedication the Parks and Recreation Department is also recommending that the
bike/pedestrian trail be constructed along Ashley Creek as shown on the Willow Creek
conceptual site plan. The bike/pedestrian trail would not be required to be paved
during this first phase rather constructed to provide an all weather surface. With this
initial park and bike/pedestrian trail along Ashley Creek, the Parks and Recreation
Department would recommend that park E be improved as part of phase 2 as shown on
the phasing plan but subsequent park improvements would be as follows: park D would
be improved with phase 3, park A would be dedicated and improved with phase 4 and
park C would be improved with phase 7. The bike/pedestrian trail along Ashley Creek
would be required to be paved prior to the final plat of phase 5.
This recommended park dedication and improvement plan would provide improved
parkland and open space areas to coincide with the increased development of the
property. Instead of two-thirds of the parkland being dedicated and improved in the last
two phases, this would provide 90% of the 15.9 acres of parkland required for the
project by the fourth phase of development.
In the application submittal, Table 3.2: Maintenance Matrix, indicates a condominium
association will be created for the maintenance of the areas immediately surrounding the
multi -family condominium buildings. A homeowners association will be created to
maintain the common space, subdivision entry monuments and landscaped road
medians. The developer is proposing the city's Parks and Recreation Department take
over maintenance of the open space areas and parks within the project site. The Parks
and Recreation Department commented that it would take over the maintenance of the
parks and open space areas after all improvements are in place. However, the
Department is recommending a park maintenance district be formed in accordance with
17
section 7-12-4001 Montana Code Annotated in order to provide funding for the on -going
maintenance of the park and open space areas.
As currently proposed, the future homeowners association would be set up to maintain
the common areas of the subdivision including the areas along the eastern and southern
boundaries of the project site. These areas include the common area along Foys Lake
Road. The common area along Foys Lake Road provides the outward appearance of the
subdivision as well as pedestrian and storm water management facilities. It is
imperative that this area be well maintained for the visual aspect of the Willow Creek
project from the road, the safety of the pedestrian path and the on -going functionality of
the storm water facility. Therefore, staff is recommending that a condition be added to
the PUD which would incorporate the common areas of the Willow Creek project into the
park maintenance district in the event the homeowners association fails to maintain its
properties.
3. The manner in which said plan does or does not make adequate provision for
public services, provide adequate control over vehicular traffic and further
the amenities of light or air, recreation and visual enjoyment;
The extension of water and sewer to the site will be required to serve the development.
The application states that an existing 12-inch water main is located within the Foys
Lake Road right-of-way. There is an 8-inch water main located in 2nd Street West that
extends west under the railroad tracks to property owned by the Turner family. Initial
review of the water needed for the subdivision may be achieved by using an 8-inch, or
larger, water main off of the existing 12-inch water main along Foys Lake Road. For the
northern portions of the project site the 8-inch water main located along 2nd Street West
may need to be extended to obtain the fire flows required in a residential subdivision.
Due to elevation changes from north to south on the site, fire flows may not be adequate
if the existing 12-inch line along Foys Lake Road is the sole water main used for the
subdivision. A detailed study of water needs and necessary infrastructure to serve the
proposed subdivision will be required as part of preliminary plat approval of the project.
The application also states that sewage collection will be provided by an 8-inch diameter
sewer collection main that will drain to a pump station located at the southeast corner of
the project site. There is an existing 6-inch sewer force main within the Foys Lake Road
right-of-way serving the Lone Pine Trails subdivision, located south of this project site.
The application states that the capacity in the existing 6-inch sewer force main is limited
due to the existing lift station design. Upon fmal engineering design of the subdivision,
a larger sewer force main may be required in order to convey sewage to an existing
gravity sewer line located at the intersection of 13th Avenue West and 7+h Street West or
an alternate location.
As stated in the application, a lift station is needed in the southeast corner of the
subdivision, adjacent to Foys Lake Road. Staff is recommending landscaping and
fencing be installed around the lift station for security and screening purposes. A
recommended condition of approval for the PUD would require a detailed landscaping
plan be approved as part of the preliminary plat and implemented prior to fmal plat
approval for phase 1.
A storm water drainage report will be required to be handled and the difference between
post development and predevelopment flow to be detained or retained on site. The initial
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storm water plan indicates using bioswales, vegetative lined channels that are designed
to flow at a shallow depth and a relatively slow velocity, along Foys Lake Road and
within the open space along Ashley Creek. The application states that all runoff from
the site will equal pre -development runoff. The Public Works Department noted that the
runoff from the development may not be contained within the Foys Lake Road right-of-
way, only runoff directly from road may be contained in the right-of-way. One of the
recommended conditions of approval will require the developer to provide a storm water
drainage report, designed in accordance with city standards that will be reviewed and
approved by the Public Works Department.
As part of the storm water drainage report, an off site downstream analysis for the new
south side hill drainage will need to be submitted. This analysis will need to identify if
the new volume release from the development will impact the downstream adjacent
properties, conveyance channels, and water bodies. This downstream analysis will need
to look at the 2, 10, and 100 year flows. Depending on the results of the analysis the
excess volume generated may be required to be retained on site.
The developer hired Abelin Traffic Services of Helena to conduct a traffic impact study
for the proposed project. As a result of the traffic impact study, the executive summary
stated that the proposed project will affect traffic operations along the South Meridian
Road corridor and will require intersection improvements at many of the intersections
along Meridian Road. In addition to the improvements along Meridian Road the traffic
impact study recommends installing a new access from the project site north to Highway
2 with the development of 120-240 constructed units. Phase 1 included 156 dwelling
units and the Public Works Department is recommending this northern access to
Highway 2 be constructed as part of phase 1.
The Public Works Department has reviewed the traffic impact study and is
recommending all the recommended improvements included in the traffic impact study
be completed prior to final plat approval of Phase 1. The Department is also
recommending that the connection road from Foys Lake Road to Highway 2 be fully
constructed prior to the final plat of phase 1. By constructing this new access north it
will divert a significant amount of traffic from Meridian Road. This new roadway will
also serve the mix of construction and residential traffic associated with the construction
of buildings within phase 1. Further discussion of the traffic impacts the proposed
development would have and a detailed discussion of the proposed mitigation measures
can be found under Section III, Review and Findings of Fact for the Preliminary Plat of
Willow Creek, subsection D, Effects on Local Services.
The project includes internal roadways constructed to city design standards. However,
the developers have opted to design the roads with wider boulevards varying in width
from 8 feet to 12 feet wide instead of the standard 5-foot boulevards. The project design
also includes the use of alleys on the smaller detached single-family lots and the
townhouse lots. With the use of alleys planning staff is recommending the power,
phone, natural gas and cable television lines normally placed just outside the road right-
of-way instead be located within the alley right-of-way. This would place potential
electrical and phone pedestals in the alley allowing the street sides of the lots to not be
obscured with utility boxes and pedestals. The Public Works Department is
recommending that the alleys be private and maintained by the homeowners
association. All roadways within the project would be public and maintained by the city.
19
The City of Kalispell has required past subdivisions to complete a minimum of two-
thirds of the necessary infrastructure (water, sewer, roads, etc.) prior to filing the final
plat. This has been a condition on past subdivisions to insure that, prior to issuing a
building permit on a new lot, there is access which meets the fire department's minimum
standards as well as adequate water and sewer services. In the past, the city has
allowed subdivisions to file a final plat and subsequent home construction to begin prior
to a majority of the infrastructure installed. Problems have occurred when new homes
were occupied and there was insufficient water for fire suppression and/or sewer mains
were not working properly. Therefore, in order to provide adequate services to the
subdivision at the time the lots are created, staff is recommending a condition requiring
a minimum of two-thirds of the infrastructure be installed prior to final plat and that
both the water and sewer systems serving each phase be operational. As discussed
above, the completed roadway connection from Foys Lake Road to Highway 2 will also be
required to be completed prior to final plat approval of phase 1.
The proposed R-3 zoning as well as the proposed PUD amendments still require housing
setbacks and height limitations to provide for adequate light and air within the project
proposal.
The developers have proposed a variety of housing types on the project site ranging from
single-family homes and townhouses to 16 unit multi -family buildings. Included in the
application are elevations depicting the style of homes and multi -family buildings to be
constructed on the project site if the PUD is approved. These elevations are shown on
exhibits 3.20 (A&B), 3.21 (A&B), 3.22, and 3.22A. The elevations along with the
proposed design guidelines for Willow Creek will require the residential development to
include pitched roofs, front porches, gabled dormers, split frame windows and
architectural features to break up long walls for the multi -family buildings. These
elevations and design guidelines have been included to provide housing standards to
maintain the visual quality of the entire project.
The park areas, common areas and open space area will provide the recreational
amenity within the development. These facilities will be owned and maintained by the
homeowners association with the larger parks and open space areas within the project
being offered to the city to own and maintain.
4. The relationship, beneficial or adverse, of the planned development project
upon the neighborhood in which it is proposed to be established;
The project is proposed in a rural area of Flathead County with rural residential density
in the immediate area. To the immediate west of the project site is the Stoneridge
subdivision which consists of 38 lots averaging 1 acre or more in size. To the south of
the project site are residential homes on tract land 1 acre in size or larger. North of the
project site is relatively undeveloped residential land with an industrial site to the
northeast. The industrial site is still active but at a fraction of the former lumber mill
previously located at the site. East of the project site is additional industrial lands
which are proposed to be part of the future Highway 93 by-pass. Immediately east of
the industrial area is the western edge of Kalispell, which is developed with residential
lots.
The proposed project and associated residential uses and densities are significantly
denser than surrounding residential uses. The proposed PUD and accompanying
subdivision of the site will have an impact on the immediate neighborhood with regards
to traffic. Traffic impacts can be mitigated through street improvements and
construction of a connector road from Foys Lake Road north to Highway 2.
The City of Kalispell is experiencing tremendous growth outward from its city limits for the
past 5 years. The Kalispell Growth Policy Future Land Use Map designates the 140.5t acre
project area as primarily Suburban Residential for which the map provides a density not to
exceed 4 dwellings per gross acre. This Suburban Residential land use designation was
designed to lessen the impacts future city growth may have on surrounding agricultural
lands and rural residential development. Given the location of the project site to existing city
limits it is reasonable to expect this property to the developed to higher densities due to the
availability of city water and sewer services in the general area.
The proposed PUD would allow the overall density on the project site to increase to
approximately 3.8 dwelling units per acre. With this increase however the developer will be
required to provide additional parks and open space areas and a bike/pedestrian trail
system throughout the project site. In addition, the proposed PUD would provide for larger
lots, varying between 10,900 square feet to approximately 14,000 square feet along Foys
Lake Road. Lots proposed on the western boundary of the subdivision adjacent to
Stoneridge subdivision would vary between 16,900 to 18,OOOf square feet. The intent is
to provide larger city size lots facing and adjacent to existing residential lots within the
county in order to be consistent with the character of the area.
S. 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 developers are proposing the subdivision is seven phases over the course of six
years. Figure 3.6 indicates the boundaries of each of the seven phases and the number
of units associated with each phase. Table 3.1: Preliminary Plat Phasing in the
application indicates improvements for phase 1 would be in 2008. Subsequent phases
would be completed on a yearly basis with phase 7 completed in 2014.
Part of the requirements of PUD is that the developer would enter into an agreement
with the City of Kalispell to adequately insure that the overall integrity of the
development, the installation of required infrastructure, architectural integrity and
proposed amenities are accomplished as proposed. A recommended condition of
approval for the PUD would require this agreement be in place prior to filing the final
plat for the first phase of the project.
6. Conformity with all applicable provisions of this chapter.
No other specific deviations from the Kalispell Zoning Ordinance can be identified based
upon the information submitted with the application other than those addressed in
section III of this report.
21
M. REVIEW AND FINDINGS OF FACT FOR THE PRELEMARY PLAT OF WILLOW
CREEK
This application is reviewed as a major subdivision in accordance with statutory
criteria and the Kalispell City Subdivision Regulations.
A. Effects on Health and Safety:
Fire: This subdivision would be in the service area of the Kalispell Fire
Department once annexed to the City. The property would be considered to be at
low risk of fire because the subdivision and homes within the subdivision would
be constructed in accordance with the International Fire Code and have access
which meets City standards. All of the lots within the subdivision would abut a
street that has been constructed to City standards. Hydrants will be required to
be placed in compliance with the requirements of the International Fire Code and
approved by the Fire Marshal. The fire access and suppression system should be
installed and approved by the fire department prior to final plat approval because
of potential problems with combustible construction taking place prior to
adequate fire access to the site being developed.
Flooding: Along the northern portion of the 140.5t acre project site is Ashley
Creek. The Federal Emergency Management Agency's (FEMA) Flood Insurance
Rate Map, map number 30029C 1805G, shows an approximately 100-year
floodplain boundary along the entire length of Ashley Creek. Because the 100-
year floodplain boundary shown on the FEMA map is approximate and in order to
insure no lots or building sites are located in the 100-year floodplain, a
recommended condition of approval will require a detailed floodplain study to be
completed and accepted by FEMA prior to construction activity along Ashley
Creek. This condition will effect construction on phases 2, 4, 6 and 7.
Access: Access to the subdivision is currently provided by Foys Lake Road, a
state secondary highway with two paved lanes approximately 28 feet wide.
Shoulder widths vary along the project frontage with storm water ditches on either
side of the roadway.
Internally, the subdivision would have one collector roadway, Willow Creek Drive,
connecting Foys Lake Road on the south end of the subdivision north, through
the subdivision, and connecting into Highway 2. Local access roadways to serve
the individual lots within phases 1-7 will be constructed within a 60-foot road
right-of-way. A detailed discussion of road designs proposed for the internal
streets can be found under section D, Effect on Local Services, Roads.
The project, once completely built out, would have two accesses onto Foys Lake
Road. One access at the intersection of Foys Lake Road and Valley View Drive
and the other access at the intersection of Foys Lake Road and Learn Lane.
Upgrades to Foys Lake Road and Meridian Road will be required as part of
preliminary plat approval for phases 1 and 2 of the project.
22
Noise: The future Highway 93 by-pass will be located on the east side of the
proposed subdivision. The property is currently vacant of any type of residential
housing. Past uses of the property include industrial uses and general pasture
land. The proposed project would allow 531 dwelling units on the project site
with multi -family buildings proposed along the by-pass right-of-way at this time.
The developers have used information provided by the Montana Department of
Transportation (MDT) to illustrate an approximate noise contour level of 64
decibels on the project site in relation to the future highway by-pass. The 64
decibel level is shown on the preliminary plat map for Willow Creek. The location
of the 64 decibel noise contour on the property varies from approximately 25 feet
to 50 feet from the majority of multi -family units located along the highway by-
pass right-of-way.
During a previous residential project submitted on this site the Montana
Department of Transportation commented on the potential noise impacts the
highway by-pass may have on future residences. In a letter dated October 23,
2006 from Cora Helm, Highway Traffic Noise Specialist, she states the following,
"noise levels in excess of 65 dBA are regarded to be a critical annoyance in much
of the published research pertaining to traffic noise. Speech is severely interfered
with at these levels, so outdoor areas for homes sitting near the 64 decibel
contour line will not be functional unless protected with a berm or barrier. Traffic
will only increase on the by-pass over the years, and a 64 decibel location could
quickly approach 67 dBA or more." At 67 dBA for residential uses the
Department of Transportation is required to mitigate this noise impact to existing
residences.
A follow-up letter dated February 22, 2007 and written by Ms. Helm on the
current project proposal states the following, "For the Kalispell By-pass, MDT
concluded that there are two locations where noise abatement would satisfy much
of the reasonableness and feasibility criteria for barriers, outside of seeking public
input. Those locations include the developments south of Sunnyside and north of
Three Mile Drive that were built or platted as of August 9, 2005. Developments
that are platted after that August date, such as Willow Creek, would not be
eligible for federal -aid noise abatement, such as barriers, until such a time that
the Kalispell By-pass would become a six -lane facility!"
In response to these concerns, the developers indicated in their application that
they will hire an acoustical engineer to conduct research in order to write a report
that will provide options for noise mitigation. In section 3.2 of the application it
states that landscaping, earth berming and architectural appurtenances are
potential methods to mitigate noise impacts from the future highway by-pass.
Willow Creek was presented at the February 27th planning board work session.
During discussion on the project the planning board felt it necessary to have the
noise report and any proposed mitigation as part of the application submittal.
The board wanted the noise report to include information indicating the outside
noise levels and how future multi -family units would be within a noise contour of
60 dBA in relation to the future highway by-pass.
Unfortunately, the noise report has not been submitted as of the writing of this
report. Issues including the location of the actual driving surface of the highway
23
by-pass being lowered along the project site have greatly altered any proposed
mitigation measures that may be needed in order to achieve the desired sound
levels outside the future multi -family buildings.
Therefore, the Planning Department would recommend that a condition be placed
on the plat requiring the noise study to be completed prior to the final plat
approval of phase 1. The noise study will need to show how a noise level of 60
dBA can be achieved outside of the multi family buildings, between the buildings
and the future highway right-of-way. The proposed mitigation measures
contained in the noise study shall be reviewed and approved by the city staff and
implemented prior to final plat of phase 1 of the development. Including this
condition may result in the loss of one or more of the proposed multi -family
buildings along the by-pass. Any deviation from the proposed road alignments
shown on the preliminary plat to achieve the desired number of multi -family
buildings will result in the subdivision and PUD to come back before the city
council for review and approval.
B. Effects on Wildlife and Wildlife Habitat: Ashley Creek is located along the
northern edge of the subdivision and travels the length of the northern boundary
of the 140.5f acre project site. The topography adjacent to Ashley Creek varies
from level to steep slopes in excess of 50%. The environmental report under
section 4.2 of the application states that the Ashley Creek riparian corridor is
important for wildlife, providing both refuge/cover and browse for a variety of
birds, mammals, reptiles and amphibians. The environmental reports concludes
that potential impacts to Ashley Creek will be minimized by the incorporation of
stream setbacks and protection/preservation of the riparian corridor vegetation
buffer.
The Montana Department of Fish, Wildlife and Parks (FWP) commented on the
proposed subdivision with their letter stating that presently the stream banks in
this area have healthy riparian vegetation including mature trees and riparian
shrubs. The natural vegetation allows for stable stream banks, creates habitat for
many fish and wildlife species, and provides a natural setting. Based on the
current status of the riparian areas along the river and associated wetlands, FWP
recommends that for the density proposed on the project site, a minimum 200-
foot building setback with at least the first 75 feet adjacent to the stream be
protected with natural vegetation. Within this setback FWP recommends no
buildings, parking lots or roads. They would allow a bike path within the 200-
foot setback provided there is an adequate vegetative buffer between the bike path
and Ashley Creek.
The Fish, Wildlife and Parks letter concludes stating that Ashley Creek is one of
four waters in the Flathead Lake Drainage listed as having impaired water quality
on the EPA 303d list. Due to the current status of Ashley Creek and the large
development proposal adjacent to it, the use of setbacks which would incorporate
parks or open space areas to maintain the natural vegetation along the creek and
creek banks would be appropriate.
Chapter 7, The Natural Environment, of the Kalispell Growth Policy 2020 lists the
following Goals and Policies:
Goal 1
24
ENCOURAGE DEVELOPMENT THAT IS COMPATIBLE WITH OR ENHANCES
NATURAL RESOURCE VALUES INCLUDING AIR, WATER, SOIL AND
VEGETATION.
Goal 2
DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE
ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY
UNDISTURBED STATE.
Goal 6
PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN
FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING
HABITAT.
Policy 3
Development in environmentally sensitive areas including 100-year floodplain,
wetlands, riparian areas, shallow aquifers and on steep slopes may pose inherent
development limitations and design should be managed to avoid and mitigate
environmental impacts and natural hazards.
By placing the land along Ashley Creek into open space and park areas the
proposed subdivision complies with the following policies in the Kalispell Growth
Policy:
Chapter 7, The Natural Environment, Policy 10
Protection of wildlife and wildlife habitat should be encouraged through
conscientious actions such as avoiding loose dogs, feeding large wild animal
species along with maintaining established important habitat areas.
Chapter 7, The Natural Environment, Policy 11
Wildlife travel corridors should be conserved and maintained possibly through
easements or other voluntary restrictions.
C. Effects on the Natural Environment:
Surface and groundwater: Ashley Creek is located along the northern boundary
of the project site. Setbacks recommended by the Montana Department of Fish,
Wildlife and Parks would mitigate impacts to water quality if the proposed project
is approved. In addition to setbacks for buildings, roads and parking lots the
development proposes a series of bioswales for the collection and treatment of
storm water to also mitigate impacts to surface waters.
A Depth to Water Table map dated March 13, 2006 indicates the water table for
the majority of the site is 20-50 feet below the surface with the water depth
decreasing to 15 feet or less below the surface along the eastern boundary of the
project site. The eastern boundary of the project site includes the proposed multi-
family buildings. Therefore, the planning department is recommending
basements be prohibited for the multi -family buildings on the eastern portion of
the site. Information in the Depth to Water Table was provided by the Flathead
Lakers in consultation with the Flathead Lake Biological Station.
Drainage: Curbs and gutters will be installed with the subdivision and an
Ek�
engineered storm drain management plan will have to be developed to address the
runoff from the site. There is no storm drain system in the immediate area. The
preliminary engineering report for the subdivision states that the proposed
drainage facilities shall be designed in accordance with the Department of
Environmental Quality (DEQ) and City of Kalispell standards. The storm water
plan will be required to be reviewed and approved by the Kalispell Public Works
Department.
The current proposal includes using bioswales, vegetative lined channels that are
designed to flow at a shallow depth and a relatively slow velocity. Areas located to
the north of the existing hill on the project site will be collected in the bioswales
and released at pre -development flow rates and volumes into Ashley Creek. The
areas south of the existing hill will be collected in a bioswale adjacent to Foys
Lake Road and released at pre -development flow rates and volumes into a 24"
corrugated steel culvert under Foys Lake Road. The Public Works Department
noted that this existing culvert is damaged and the developer should be required
to improve the existing culvert pipe to new conditions. On the south side of Foys
Lake Road the water is directed to an open channel. The water will flow within
this open channel east for approximately 3,000 feet and discharged into Ashley
Creek.
During the planning board's work session of March 27th, Mr. Scott Mason
provided comments on the proposed drainage plan and issues and concerns he
has with the proposed plan. Although a condition of approval will, require the
developer to provide a storm water management plan that meets city standards,
Mr. Mason's comments will be forwarded to the Public Works Department. The
Public Works Department may consider Mr. Mason's comments in their review of
the storm water plan.
Grading: The 140.5 acre site has varying slopes grades from near level (2% or
less) to moderate to steep slopes of 30-50% along a portion of the Ashley Creek
corridor and a small hill located in the southern 1/3 of the project site. The
Preliminary Engineering Report for the project states that the overall approach to
the preliminary grading plan was to disturb the least amount of soil as possible,
while providing reasonable lot cross slopes (15.0%) and road grades (8.0%). The
report states that the upper limits of the cut and fill are 35 feet and 10 feet,
respectively. Exhibit 5.4 shows the approximate areas of cut and fill. To provide
the cross slopes and road grades as described above a preliminary estimate
indicates approximately 720,000 cubic yards of cut and 390,000 cubic yards of
fill is needed resulting in a net of approximately 330,000 cubic yards of export.
In a letter from the consultants to the planning department dated March 2, 2007,
they indicate 1/3 of the net soil will be used for earth berm along the proposed
by-pass and park construction. The remaining soils will be used to replace wood
chips on the north side of Ashley Creek. Trucks will move dirt to the property
immediately north via an existing Ashley Creek stream crossing. Trucks will not
use Foys Lake Road, Meridian Road and other city streets to access this north
property to place the excess fill material. The letter indicates the developers will
obtain the necessary permits from the Corps, County and the Department of
Environmental Quality (DEQ).
26
Figure 2: Looking north from the project site at the existing Ashley Creek
crossing.
As part of the grading on the project site the figure 3.9, retaining walls, shows two
retaining walls needed. The first wall is shown in the common area along Foys
Lake Road. The wall would be placed behind lots 318 through 333 of Phase 6.
The second wall would be placed along a portion of condo lot 2 in phase 2. The
application states that retaining walls will not exceed 3 feet in height. If a higher
retaining wall is needed staff recommends the wall will be stepped with the wall
design approved by the Parks and Recreation Department and Planning
Department.
After reviewing the preliminary grading plan and figure 5.4, Willow Creek cut and
fill plan, the Public Works Department and Building Department are
recommending that a geotechnical report be provided at the end of the site
grading showing the fill areas have been properly compacted. Areas not properly
compacted can lead to road and foundation failures soon after construction on
top of the fill material.
D. Effects on Local Services:
Water: The application states that an existing 12-inch water main is located
within the Foys Lake Road right-of-way. There is an 8-inch water main located in
2nd Street West that extends west under the railroad tracks to property owned by
the Turner family. Initial review of the water needed for the subdivision could be
achieved by using an 8-inch, or larger, water main off of the existing 12-inch
water main along Foys Lake Road. For the northern portions of the project site
the 8-inch water main located along 2nd Street West may need to be extended to
obtain the fire flows required in a residential subdivision. Due to elevation
27
changes from north to south on the site, fire flows may not be adequate if the
existing 12-inch line along Foys Lake Road is the sole water main used for the
subdivision. A detailed study of water needs and necessary infrastructure to
serve the proposed subdivision will be required as part of preliminary plat
approval of the project. Hydraulic conditions and/or future city requirements
may require the water main be extended to Appleway within the northern access
roadway (Willow Creek Drive) for the development.
The water system for the subdivision will be reviewed and approved by the
Kalispell Public Works Department and the Kalispell Fire Department as part of
the development of the subdivision. There is adequate capacity within the City's
water system to accommodate this development.
Sewer: Sewage collection will be provided by an 8-inch diameter sewer collection
main that will drain to a pump station located at the southeast corner of the
project site. There is an existing 6-inch sewer force main within the Foys Lake
Road right-of-way serving the Lone Pine Trails subdivision, located south of this
project site. The application states that the capacity in the existing 6-inch sewer
force main is limited due to the existing lift station design. Upon final engineering
of the subdivision a larger sewer force main may be required in order to convey
sewage to an existing gravity sewer line located at the intersection of 13th Avenue
West and 7th Street West or an alternate location.
Design and construction of the mains will be reviewed and approved by the
Kalispell Public Works Department. There is adequate capacity within the sewage
treatment plant to accommodate this development.
Roads: As discussed under the Access section of this document, Foys Lake Road
provides street access to the project site. Foys Lake Road is a state secondary
highway that connects the Foys Lake area to Kalispell. As you travel east on Foys
Lake Road it turns north at which point it becomes Meridian Road. Meridian
Road is owned and maintained by the City of Kalispell.
Abelin Traffic Services (ATS) of Helena has conducted a traffic impact study for
the proposed project. Based on the trip generation rates listed in Table 4 of the
traffic study at full build out the proposed 531 dwelling units would create 4,449
weekday trip ends. A vehicle "trip" is defined as any trip that either begins or
ends at the development site. ATS determined that the critical traffic impacts
from the proposed project would occur during the weekday morning and evening
peak hours.
Existing traffic volumes are currently affecting several intersections along
Meridian Road including the intersection of Meridian Road and West Center Street
and Meridian Road and 2nd Street West. These two intersections are at or near
failing the level of service (LOS) intended for the intersections during AM and PM
peak traffic hours as indicated by the traffic study.
An LOS A represents the best control delay scenario which has little or no waiting
time at the intersection. LOS F represents the worst case scenario where waiting
times at a particular intersection may take 80 seconds or longer for a vehicle to
execute the desired movement; making a left turn, right turn or continuing
28
straight through the intersection. Typically, a LOS of C or better is considered
acceptable for peak -hour conditions.
Meridian Road and West Center Street currently has an LOS of E during AM peak
hours and an LOS of F during PM peak hours. Meridian Road and 2nd Street
West has an LOS of C during AM peak hours and an LOS of D during PM peak
hours.
The traffic impact study concluded that if the project were approved and built out
without any mitigation to Foys Lake Road and Meridian Road, the LOS of most
intersections along Meridian Road would drop to a level E or F. Essentially
Meridian Road becomes one long traffic jam with very slow movement during the
peak traffic hours.
The traffic impact study's executive summary recommends a number of
improvements to various intersections along Meridian Road. In addition to the
improvements along Meridian Road the traffic impact study recommends
installing a new access from the project site north to Highway 2. With a northern
road out of the project site to Highway 2, the traffic impact study concludes that a
significant amount of the development traffic will be diverted from Meridian Road
to Highway 2.
Meridian Road is considered a minor arterial roadway in the city's growth policy,
Chapter 10, transportation. A minor arterial is a major roadway with moderate
speeds designated to collect or move traffic from one major part of the city to
another or to move traffic to or from the major arterial system. Traffic volumes for
minor arterials generally range from 5,000 to 15,000 vehicles per day. The traffic
impact study indicates the average daily traffic on Meridian Road is 5,634
vehicles per hour. The draft Kalispell Area Transportation Plan indicates traffic
volume of approximately 3,750 vehicles per day along Foys Lake Road and the
southern portion of Meridian Road. This traffic count is based on 2003 traffic
volumes. The traffic impact study also states that 47% of the traffic anticipated
from the development will use Meridian Road provided there is a northern access
road to Highway 2 from the Willow Creek subdivision. Meridian Road is
constructed within a narrow right of way which makes expansion of the roadway
impossible at this point.
FL7
Figure 3: View of Meridian Road looking south. The curb line on the right side of
street and sidewalk on the left side of the street are built to the edge of the
existing road easement.
After reviewing the traffic impact study the Pubic Works Department is
recommending all traffic mitigation listed on page 16 in the traffic impact study
be completed as part of Phase 1 based on the high rate of build out on prior
developments of this nature. These improvements would include the northern
access from Willow Creek Drive to Highway 2 be constructed, Meridian Road
intersection be improved and the intersection of Highway 2 and Appleway be
improved.
The Public Works Department acknowledges that there are problems with the
level of service at intersections along Meridian Road now. However, they do not
feel that the level of service should become even worse before improvements are
implemented to address the problems. Also, as stated above, Meridian Road is a
minor arterial however the road width cannot be widened due to the narrow
roadway easement the road is constructed within.
Foys Lake Road is currently a state secondary highway accommodating speeds of
50 mph with little or no shoulders on one or both sides of the road and road side
ditches to collect storm water runoff. The traffic impact study conducted by ATS
indicates the average daily traffic on Foys Lake Road is 3,400 vehicles per day.
The traffic impact study also states that 50% of the traffic anticipated from the
development will go south using Foys Lake Road provided there is a northern
access road to Highway 2 from the Willow Creek subdivision.
Due to this increase in traffic along Foys Lake Road the Public Works Department
30
is also recommending that Foys Lake Road, along the entire project's frontage, be
upgraded to urban collector design standards for the City of Kalispell. The
improvements would include widening the roadway from the center line of the
roadway north, installing street lights and street trees in addition to the
landscaping proposed on the project site. The 10-foot wide meandering
bike/pedestrian path would provide the pedestrian access normally provided by a
5-foot sidewalk. As part of the upgrades the Public Works Department is
recommending the developers provide infrastructure for the future signal light
recommended at the intersection of Valley View Drive and Foys Lake Road in the
traffic study.
Figure 4: View of Foys Lake Road looking west. The southern project boundary
is delineated by the fence shown on the right side of the photo.
As part of the subdivision and PUD application the developer submitted a series
of cross sections for the internal roadways within the project site. Figures 3.4A,
3.413 and 3.4C show the proposed internal street designs. Each figure shows a
larger than required boulevard and accompanying sidewalk. Figure 3.4A includes
a 12-foot wide median within the road right-of-way. However, each of the figures
call out a narrower road pavement width than is required under the City of
Kalispell Standards for Design and Construction. All three figures show a
roadway width including the gutters. The Public Works Department is
recommending that all travel surfaces meet the Standards for Design and
Construction. The minimum asphalt paved width of a divided portion of a street
shall be 14 feet. A condition of approval will require all roads to be designed to
meet the city's minimum roadway widths but the boulevards shown on all three
figures will not be allowed to be reduced.
A number of the smaller internal lots will have alley access. Figure 3.4D provides
a cross section of the alleys. The alleys would have an asphalt paved travel
surface of 16 feet with two foot shoulders on either side. All alleys are proposed
within a 20-foot easement. The Public Works Department is recommending the
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alleys be constructed to the city's' design and construction standards for alleys
and that the alleys be private.
Based on the traffic study submitted with the application a recommended road
improvement for the project would be to construct an access road from Foys Lake
Road north to Highway 2. This roadway would be required to be designed as an
urban collector street with a design speed of 45 mph north of Ashley Creek.
Based on the phasing plan the developer intends to meet this recommendation
with the first phase of development using several internal subdivision roads to
make this connection to Highway 2. These internal roads include Willow River
Drive, Black Willow Drive, Bog Willow Drive, and Willow Creek Drive.
With the completion of phase 2 Willow Creek Drive will be completed south to
Foys Lake Road. Willow Creek Drive would then be the main roadway to carry the
majority of subdivision and outside traffic north to Highway 2 from Foys Lake
Road. The developer is proposing Willow Creek Drive be constructed within an
80-foot road right-of-way. A center median would be constructed within the right-
of-way of Willow Creek Drive from its intersection with Foys Lake Road north for a
distance of approximately 350 feet. From this point the roadway will be a 36-foot
wide driving surface through the Willow Creek subdivision. The width of the road
and associated right-of-way would allow Willow Creek Drive to function as an
urban collector roadway. This roadway connection is recommended in the traffic
impact study and the draft Kalispell Area Transportation Plan (2006 Update).
The Public Works Department raised some concerns with allowing lots individual
access onto Willow Creek Drive. Lots 272 through 279, 280 through 288 and lots
289 through 291 are proposed along Willow Creek Drive and, as currently shown,
would need to have a driveway access onto this roadway. Although other lots
front Willow Creek Drive they are provided alley access relieving the need for
individual driveways off of Willow Creek Drive. The Public Works Department is
recommending those lots listed above also be provided alley access in order to
prohibit individual driveways onto Willow Creek Drive. The purpose of
eliminating individual driveways is to reduce the number of conflict points along
this future collector road. By limiting the number of access points such as
driveways, future residents will not feel the need to have traffic control devices
along Willow Creek Drive to allow them to enter or exit their property. By placing
stop signs along the roadway the functionality and carrying capacity of the
roadway decreases. Discouraging individual access onto collector roads is
supported in the Kalispell Growth Policy. Chapter 10, Transportation, policy 6 of
the Kalispell Growth Policy states, "Provide access to individual lots by way of
local streets to the maximum extent feasible and avoid granting individual access
on to collectors and arterials."
While reviewing the preliminary plat, the Public Works Department noted a
separate tract of land located along a portion of the western boundary of the
subdivision, wedged between Ashley Creek on the north and the Stoneridge
subdivision on the south. The Flathead County GIS department identifies this
tract of land as tract 7. The proposed project indicates land immediately adjacent
to this tract of land will be designated common space. However, in order to
provide access to this lot, the Public Works Department is requiring a 60-foot
wide road and utility easement be provided through this common space to the
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tract of land. This will be required prior to final plat approval of phase 2.
The preliminary plat has indicated the future highway by-pass corridor
immediately east of the proposed subdivision site. The highway by-pass design
plans received by the planning department in June of 2007 appear to reflect the
proposed Kalispell highway by-pass shown on the preliminary plat. However, it is
important that the proposed subdivision location not interfere with the proposed
highway by-pass design and associated right-of-way. Therefore, as a
recommended condition of approval, prior to final plat approval the developer will
need to provide proof, by way of a letter from the Montana Department of
Transportation, that the by-pass right-of-way shown on the preliminary plat is
adequate for the construction of the future highway by-pass. The location of the
highway by-pass right-of-way may affect the eastern boundary line of the
proposed subdivision, which may in turn affect the number of proposed lots or
condominium units.
Schools: This development is within the boundaries of the Kalispell School
District #5. The school district could anticipate that an additional 265 school
aged children might be generated into the district at full build out. This would
have a potentially significant impact on the district, particularly on a cumulative
level with other developments pending within the district - both urban and rural
particularly with high school -aged students.
The developers contacted Darlene Schottle, Superintendent of Schools for School
District 5, as part of a previous subdivision proposal on the site. That subdivision
proposal also contained 710 dwelling units. In a letter from Dr. Schottle dated
October 9, 2006 regarding the previous subdivision proposal she states that the
size and scope of the subdivision causes her some concern because the children
from this subdivision would most likely attend Peterson Elementary which is at
capacity enrollment. The letter also indicates that the developers offered to work
with the school district to provide either a school site or money or other supports
to add capacity to Peterson Elementary School. To date, no new comments have
been received from the school district.
Parks and Open Space: As discussed in the evaluation of the proposed PUD, section
2 of this staff report, 45.5 acres of common space, open areas and parkland are
proposed within the project site. This equates to approximately 32% of the
project site. The PUD plan proposes 11 acres of common space located, for the
most part, along Foys Lake Road and along a portion of the proposed Highway 93
by-pass. A total of 18.55 acres of open space, the areas primarily along Ashley
Creek, is proposed as well as 15.9 acres of parks.
The Kalispell Growth Policy, Chapter 9, Parks and Recreation, Goal 3 states the
following, "Provide a balanced mix of parks and recreational facilities to meet local
needs, which include mini parks, neighborhood parks, community parks, regional
parks, linear parks, special facilities and conservation lands or facilities." The
proposed parklands, common areas and open spaces proposed as part of this
project can be considered to meet this policy.
Within the project site the developer is proposing 5 developed park sites as shown
on figure 3.23. The largest is 6.73 acres and is located in the southwest corner of
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the project. A smaller 1.82 acre park is located in the eastern half of the project
site with three other parks located along the northern and eastern project
boundaries. These parks are 2.27, 1.37 and 3.58 acres in size respectfully. The
parkland area on proposed parks C, D, and E as shown on figure 3.23 may
fluctuate slightly depending on what is counted towards parkland and what
would be considered common space. However, in no case shall the required
parkland go below 15.9 acres.
The Kalispell City Council recently adopted a Parks and Recreation
Comprehensive Master Plan. This plan provides direction as to park types
(neighborhood park, community park, regional park) and general locations of
park sites. Figure 7.1:Proposed Recreation Facilities, in the Parks and Recreation
Comprehensive Master Plan indicates a neighborhood park should be located in
the area of the project site. The Parks and Recreation Comprehensive Master Plan
defines a neighborhood park as a combination playground/park designed
primarily for unsupervised, non -organized recreation activities. The park is
generally moderate in size (about 3-10 acres) and serves people living within
approximately 1/2 mile of the park. Facilities typically found in neighborhood
parks include playgrounds, picnic tables and benches, trails, open grass
areas/informal play areas and outdoor basketball courts.
Park A shown on figure 3.23 indicates a park area 6.73 acres in size and is
located in the southwest corner of the project. The park includes a large open
area and trail. As discussed in section 2 of the PUD review of this staff report, the
Parks and Recreation Department is recommending a condition which would
require the developer to also provide amenities in the park such as playground
equipment, benches, and hard surface play areas such as tennis courts and
basketball courts. Due to the relatively high number of housing units this park
would serve and the lack of improved parks within the immediate vicinity of the
subdivision, the Parks and Recreation Department would require some
substantial improvements to this park. Given the parks location, size and the
recommended condition requiring amenities within the park, park A can be
considered a neighborhood park which would comply with the Parks and
Recreation Comprehensive Master Plan.
In order for the other parks to be counted towards the parkland requirement a
recommended condition of approval would require the developer to provide the
Parks and Recreation Department with an exact plan and layout of parks A
through E which provide for both passive and active recreation. The proposed
park improvements would be reviewed and approved by the Parks and Recreation
Department and installed prior to final plat approval.
In and around parks A, C, D, and E and in the common area and open spaces of
the subdivision the developer has proposed a trial system. The trail system would
provide bike and pedestrian access to all parts of the subdivision and connect to
the sidewalk and street system within the subdivision. Figures 3.4E and 3.14
shows a typical trail profile and figure 3.4 shows the approximate location of the
trail system.
The proposed Kalispell highway by-pass would be located on the east side of the
subdivision. Preliminary plans for the by-pass indicate a bike trail system
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constructed to the proposed subdivision site. As stated above, the developer has
proposed a trail system throughout the proposed project site. As a recommended
condition of approval the developer would be required to connect the bike trail
system in Willow Creek with the trail system proposed along the highway by-pass.
The proposed trail plan can be found to comply with the following goals listed in
the Kalispell Growth Policy, Chapter 9, Parks and Recreation:
Goal 1
PROVIDE A BALANCED DISTRIBUTION AND DIVERSITY OF RECREATIONAL
FACILITIES AND PEDESTRIAN/BICYCLE PATHS THAT PROVIDES ACCESS FOR
ALL AGE GROUPS.
Goal 4
ASSURE ADEQUATE AND SAFE ACCESS TO PARKS FROM RESIDENTIAL
SUBDIVISIONS.
The Parks and Recreation Department has recommended that the developer
provide the Department with a detailed trail plan showing the pedestrian/bike
path in greater detail and include width and construction materials for the paths.
For phase 1 the pedestrian/bike path along Ashley Creek would need to be
improved to provide for an all weather surface. The eventual paving of this
bike/pedestrian path would not be required until the final plat of phase 5. The
Parks and Recreation Department is recommending that the bike/pedestrian trial
shown along Foys Lake Road be constructed and paved, a minimum width of 10
feet, for the subdivision's entire frontage along Foys Lake Road, approximately '/2
mile.
Also, as part of the trail plan, a connection will need to be provided from the trail
along Foys Lake Road to the trail access shown between lots 316 and 317 of
phase 6. Specifications for the bike path construction will be determined by the
Parks and Recreation Department with recommendations also provided by the
Flathead Conservation District and Fish, Wildlife and Parks in areas where the
path is located near the Ashley Creek corridor.
The Parks and Recreation Department also recommends the developer provide
some minor amenities within the open space area along Ashley Creek. There is a
fairly level area adjacent to Ashley Creek which is shown as part of phase 7 on the
preliminary plat. With the residential development of this property the likelihood
of residents using this area for passive recreation and picnics is high. Therefore,
the Parks and Recreation Department is recommending a plan be provided
showing minimal improvements such as benches, picnic tables and possibly trash
receptacles to accommodate for the future public use in this area. The plan
would be required to be reviewed and approved by both the Parks and Recreation
Department and Montana Department of Fish, Wildlife and Parks. The plan
should be implemented as part of phase 1 of the project.
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Figure 5: Level area adjacent to Ashley Creek where the Parks Department is
recommending some minor improvements to accommodate for the future public
use in this area. This area is located immediately west of lot 280 in phase 7 of
the subdivision.
The proposed phasing plan provides parks B and E within the first two phases
but places the remainder of the parkland and open space areas to the last two
phases of the subdivision. A full discussion and breakdown of the parkland
proposed can be found in the PUD review, section 2 of this staff report.
After reviewing the proposed phasing of parkland dedication the Parks and
Recreation Department is recommending that as part of phase 1 park B, as
shown on figure 3.23, and all the land along Ashley Creek shown as either parks
or open space be dedicated to the city. Along with this dedication the Parks and
Recreation Department is also recommending that an all weather bike/pedestrian
trail be constructed along Ashley Creek as shown on figure 3.4, the Willow Creek
circulation plan. With this initial park and bike/pedestrian trail along Ashley
Creek, the Parks and Recreation Department would recommend that park E be
improved as part of phase 2 as shown on the phasing plan but subsequent park
improvements would be as follows: park D would be improved with phase 3, park
A would be dedicated and improved with phase 4 and park C would be improved
with phase 7. The bike/pedestrian trial along Ashley Creek would be required to
be paved prior to the final plat of phase 5.
This recommendation is based on providing the majority of the developed
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parkland and open space areas with the majority of the lots within the Willow
Creek subdivision. This in turn assures the future residents of Willow Creek that
adequate park and open space facilities are in place to serve the new population.
Police: This subdivision would be in the jurisdiction of the City of Kalispell Police
Department once annexed to the City. The department can adequately provide
service to this subdivision, however the cumulative impacts of growth within the
City further strains the department's ability to continue to provide the high level
of service the department is committed to.
During review of the proposed subdivision the Kalispell Police Department
requested that security lighting be included in the park and open space areas
where trails will be installed. The department is requesting the lighting because it
discourages crime and provides for the public safety.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department once annexed to the City, and the subdivision will be required to
comply with the International Fire Code. The fire department will review and
approve the number and location of hydrants within the subdivision as well as
fire flows for compliance with applicable fire codes. Although fire risk is low
because of good access and fairly level terrain, the fire department is
recommending that access to the subdivision and the hydrants are in place prior
to final plat approval and / or use of combustible materials in construction.
Mail Delivery: Figure 5.6 provides detail specifications for the mail sites including
mail truck delivery spaces. Section 3.22 of the Kalispell Subdivision Regulations
provides some general parameters for the mail delivery pullout areas. The section
states that the facility shall be offset from the edge of the traveled roadway a
minimum of 8 feet and at a minimum provide a pullout area for at least 2
vehicles. Figure 5.6 appears to provide the 8 foot offset from the edge of
pavement but the pullout is only 20 feet long. This would provide for only one
vehicle. Therefore, the pullouts will need to be extended to provide for 2 vehicles.
Solid Waste: Solid waste will be handled by a private hauler in accordance with
State statues and taken to the Flathead County Landfill. There is sufficient
capacity within the landfill to accommodate this additional solid waste generated
from this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Medical Center is close, less than 3
miles from the site.
E. Effects on agriculture and agricultural water user facilities: The site has been
used in the past for either crop production or pasture land. Evidence of past
agricultural uses includes an old irrigation ditch running parallel along the north
slope of the hill located on the project site. The ditch is approximately 2 feet wide
with depths varying between one and two feet. Although the ditch most likely
served as the primary means to covey water from Ashley Creek to the project site
the current state of the ditch would indicate that it has been abandoned for
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decades. Furthermore, the upstream connection into Ashley Creek has been cut
off with the development of the Stoneridge subdivision, located west of the project
site. A review of the Stoneridge subdivision application only noted that the site
was not in an irrigation district.
There is also an existing pump station located adjacent to Ashley Creek which
conveys water from Ashley Creek through an approximately 12 inch mainline.
The pump station is located north of lots 304-308 of phase 6 of the subdivision.
From the pump station the mainline travels east up a slope and appears to
terminate at the site of an old pole barn.
Letters received on the proposed project from adjoining land owners indicate the
water rights on Ashley Creek and the pump station site are held by several
different parties. In order have access to their water rights and the pump station
there is an existing 60-foot wide access easement from Foys Lake Road north to
the pump station site. This is shown on the revised preliminary plat proposing
531 dwelling units on the site. Only 30-feet of the 60-foot easement is located on
the Willow Creek subdivision site. The remaining 30-feet is located on lots within
the Stoneridge Subdivision. The 30-foot portion of the easement on the Willow
Creek subdivision site is shown within common space on figure 3.1, Land Use.
By placing the portion of the easement in common space, the parties who have a
water right and interest in the pump station will be able to access the site.
Figure 6: The existing pump station adjacent to Ashley Creek.
The developers submitted a letter to the planning department dated March 16,
2007 to discuss the ditch and pump station on the project site and what will be
done with the existing water rights on the property. The March 16+h letter states
that the existing ditch was abandoned when the pump station was located in
Ashley Creek. The developers contacted the Department of Natural Resources
and Conservation (DNRC) who did not have an issue with the abandonment of the
old ditch as it did not serve any other downstream users.
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Regarding the water rights for the property, the developers indicate in their March
161h letter that both agricultural and industrial water rights exist on the project
site. The developers intend to use the industrial water rights while developing the
subdivision and then sever the water rights from the property at full build out.
A letter submitted to the planning department dated May 4, 2007 from Jardine,
Stephenson, Blewett, and Weaver, P.C. on behalf of Ms. Marilyn Bain states that
the property owners will most likely end up as owner of an undivided 50% of the
water right currently on the property. The letter also states that Ms. Bain owns
one-third of the remaining 50%, as does her brother, Roger O'Neil.
Planning staff recommends that a condition be placed on the plat requiring the
water rights, both surface and ground, that the developers have a right to be
transferred to the city with the filing of each final plat. This will help to insure the
orderly accounting of water rights and to protect the future water needs of the city
of Kalispell for it users.
Although the property was once used for some type of agricultural use,
development over the past several decades has turned this area along Foys Lake
Road into primarily a rural residential setting. With the development of
Stoneridge subdivision to the west and Lone Pine Trails to the south the
residential density in the area is increasing; removing what once may have been
productive agricultural lands.
The Kalispell Growth Policy, Chapter 5, Land Use;Agriculture, Policy 2 states,
"Encourage urban growth into areas which are not environmentally sensitive or
productive agricultural lands."
Figure 9, Agricultural Soils Classification, of Appendix A, Resource and Analysis
section of the Kalispell Growth Policy indicates a small amount of land designated
as "prime farmlands if irrigated" in the northeastern portion of the project site.
The Agricultural Soils Classification map does not show any other areas
immediately west or south of the project site as either prime farmlands or prime
farmlands if irrigated. Therefore, due to the residential development in the area
and rather limited productive farmland on the project site, placing the 140.5t
acre project site into residential development will not have a significant impact on
agriculture in the Flathead Valley.
F. Relation to the Kalispell Growth Policy The growth policy for Kalispell was
adopted in February of 2003. The adopted growth policy map designates the
140.5t acre site as both Suburban Residential and Industrial. As stated earlier in
this staff report, the Kalispell City Council is holding a public hearing on the
requested growth policy amendment request for the industrial land use
designation on a portion of the 140.5t acre site. The Industrial land use
designation is found on the east and northeast portions of the project site
encompassing an area approximately 30 acres in size.
Provided the requested growth policy amendment is approved the proposed
project can be found to be consistent with the Suburban Residential land use
designation for the site.
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Areas designated as Suburban Residential are anticipated to be served by
community water and sewer and have good access to services and public
facilities. This land use designation anticipates a density of up to 4 dwelling units
per acre. The subdivision has a density of approximately 3.8 dwelling units per
acre. The proposed density does not exceed the density limits of Suburban
Residential land use designation. The proposed subdivision can be found to be in
compliance with the Kalispell Growth Policy and its goals and policies.
G. Compliance with Zoning: The owners have requested annexation and initial
zoning of R-3 for the entire 140.5 acre project site. The developer has also
requested a PUD zoning overlay district which would allow five deviations from
the Kalispell Zoning Ordinance. If the requested PUD is approved as proposed
the project would be in compliance with the requested R-3 zoning district. A full
discussion of these deviations can be found on pages of this report
H. Compliance with the Kalispell Subdivision Regulations: The owners have
requested a PUD which, if approved, would allow one deviation to the Kalispell
Subdivision Regulations. Provided the requested PUD is approved the subdivision
would comply with the Kalispell Subdivision Regulations. A full discussion of
these deviations can be found on pages of this report.
Section 3.06.G of the Kalispell Subdivision Regulations states that no lot shall
have an average depth greater than three times its average width unless the
average lot width is greater than 200 feet. Proposed lots 30 through 33 and 292,
294, 295, 296, 276, and 277 slightly exceed the width to depth ratio. As a
recommended condition of approval these lots would be required to be
reconfigured to be brought into compliance with section 3.06.G of the subdivision
regulations.
RECOMMENDATIONS
I. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff reports KA-07-03 and KA-07-13 and recommend that initial zoning of
the 164.5t acre site be R-3 as shown on the zoning district map for the property.
II. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KPUD-07-1 as findings of fact and recommend to the Kalispell
City Council the PUD for Willow Creek be approved subject to the conditions
listed below:
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III. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KPP-07-2 as findings of fact and recommend to the Kalispell
City Council that the Willow Creek subdivision, phase 1-7, be approved subject to
the conditions listed below:
CONDITIONS OF APPROVAL
PUD Conditions
1. The Planned Unit Development for Willow Creek allows the following deviations
from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
Allows the block lengths to exceed the 1,200 feet and allows blocks less
than 300 feet as shown on the draft PUD submittals referenced in
condition #2.
B. Kalispell Zoning Ordinance, Section 27.06.020 and 27.06.030 (Permitted
and conditional uses in the R-3 zoning district)
Allows multi -family buildings in the R-3 zoning district.
C. Kalispell Zoning Ordinance, Section 27.06.040 (1) (Minimum lot area in the
R-3 zoning district)
Allows the minimum lot area to be reduced from 7,000 square feet to 4,000
square feet for detached single-family lots.
D. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building
setbacks)
Allows the front, side corner and rear setbacks reduced to 10 feet. Such
reduction shall only apply to the house. The multi -family buildings and
garages shall meet the 20-foot setback provided for in the R-3 zoning
district.
E. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges)
Allowing fences 48 inches tall within or bounding the front setback area in
all areas of the proposed subdivision. This only applies to fences and in no
case shall the fence be solid.
2. The development of the 140.5 acre site shall substantially comply with the
following maps and elevations submitted as part of the Planned Unit Development
application:
A. Figures 3.1, 3.3, 3.4D, 3.4E, 3.5-3.11A, 3.14-3.19, 3.20 (A,B&C), 3.21 (A&B),
41
3.22 & 3.22A, 3.23, and 4.3
B. Figures 3.4A, 3.413 and 3.4C(type I and II)
Note: All roads shall be designed to meet the city's minimum roadway widths
(i.e. Figure 3.4C shows a 28-foot wide road from the face of curb to face of
curb. City standards require 28-feet of driving surface in addition to the 2-foot
curbs on either side of the roadway). Boulevard widths shown on exhibits
3.4A, 3.4B and 3.4C(type I and II) shall not be reduced.
C. Figure 3.12
Note: The bike/pedestrian path shall be located between the building and the
earth berm or landscaping adjacent to the Highway 93 by-pass in accordance
with condition 5.
D. Figure 3.11
Note: Additional land may be required between the fence and retaining wall to
accommodate landscaping and irrigation.
3. The Willow Creek conceptual site plan shall be revised to incorporate the
conditions of approval of the PUD and preliminary plat to provide for the total
number of dwelling units on the site. The revised site plan shall be submitted
prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of dwelling
units.
4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200
feet in length or in the area of the block exceeding 1,200 feet which would provide
the best connectivity to surrounding streets or pedestrian/bike paths. The
pathways shall be located within a minimum 15-foot wide easement located
outside of any platted lot with the path width and construction standards
determined by the Parks and Recreation Department. The pathway easements
shall be shown on the final plat and the path shall be constructed or bonded for
to the approved width and construction standards prior final plat approval.
5. Prior to issuance of a building permit for each of the multi -family (condominium)
buildings, the Kalispell site review committee shall review each individual building
plan with all applicable city codes and policies and the following:
A. Heavy duty loop bike racks capable of holding 5 bicycles located adjacent
to each building
B. Adequate setbacks from any sound mitigation (see condition c below) as
well as a minimum of 20 feet from any bike path easement.
C. Assurance that each building is at least 30 feet from the toe of any earth
berm, wall and/or fence in excess of 5 feet in height. The 5-foot height
includes the earth berm, wall or fence individually or any combination
thereof.
D. In addition to the standard submittals to the city's architectural review
committee the developer shall submit materials including landscape
around the building and parking lot and a color pallet for the building
which includes a minimum three colors (two colors for the body of the
building with a different color for building trim) for the exterior color design
for the buildings
E. Assurance that the architectural review committee has reviewed the
building and has found it to be in compliance with good design standards
and the architectural design standards as provided for in this PUD
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approval and the City of Kalispell's Architectural Design Standards.
F. Sidewalk connectivity between the units, parking areas, bike paths if
applicable and sidewalks along the adjoining streets
G. Multifamily buildings on the same lot shall have a minimum building
separation of 20 feet (eave to eave) and 10 feet from the eave to side
property boundaries.
6. In addition to the required perimeter landscaping in the Kalispell Zoning
Ordinance, the parking lots serving the multi -family buildings and the overflow
parking lot located next to park C shall incorporate landscape islands, 9, x 20' in
size, which include predominately living materials. Each landscape island shall
include one or more trees meeting Kalispell's street tree standards for variety and
size at planting and ground cover. Landscape islands shall be placed at intervals
of one landscape island for every ten parking spaces. The parking lot and
associated landscaping plan shall include an irrigation plan. The landscaping
and irrigation plans shall be reviewed and approved by the Parks and Recreation
Department with recommendations on the landscaping plan from the
architectural review committee.
7. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in
place prior to and during construction of homes on the lots to assure setbacks are
being met. Staking for building foundations shall be offset from the foundation to
assure stakes are in place during and after excavation of the building pad.
8. A minimum of 11.06 acres of common space, 18.55 acres of open space and 15.9
acres of developed parkland shall be provided within the Willow Creek
subdivision.
9. A five (5) foot tall vinyl fence shall be installed by the developer abutting the rear
property boundary of lots 334-338 of phase 4, lots 1-16 of phase 5 and lots 317-
333 of phase 6. The fencing shall be located in the common area and shall be
owned and maintained as a common area feature. The fence shall comply with
the approved fencing elevation referenced in condition 2(F). All fencing shall be
installed prior to final plat approval of the pertinent phase 4, 5 or 6 that they are
located in.
10. A note shall be placed on the final plat for phases 4, 5 and 6 prohibiting the
property owners of lots 334-338 of phase 4, lots 1-16 of phase 5 and lots 317-333
of phase 6 from installing any additional rear yard fencing.
11. A Condominium Association shall be created for the maintenance of the areas
immediately surrounding the multi -family condominium buildings. For the
buildings on lots 1 and 3 this shall include the common parking lot, noise
mitigation (i.e. sound wall or earth berm) and adjacent bike/pedestrian path.
12. A Homeowners Association shall be created for the maintenance of the bike path
along Foys Lake Road, pedestrian easements, storm water facilities, common
areas, open space areas not dedicated to the city, subdivision entry monuments,
fencing along the rears of the lots abutting Foys Lake Road and landscaped road
medians and alleys within the Willow Creek subdivision. The maintenance
provisions in the homeowners association shall include mowing or trimming the
43
grasses within the common area to reduce the fire hazard and spread of noxious
weeds. The association shall be established prior to the final plat of phase 1.
13. The developer shall provide the Parks and Recreation Department with a revised
park improvement plan and layout of parks A, B, C, D, and E as shown on figure
3.23 of the PUD application. In addition to the walkways, turf, irrigation, and
landscaping within the parks the developer shall provide other park amenities
including but not limited to security lighting, children's play equipment, benches,
trash receptacles, drinking fountains, where appropriate, and hard surface play
areas to include tennis and basketball courts. The plan shall be reviewed and
approved by the Parks and Recreation Department in conjunction with the Police
Department for the security lighting.
14. The developer shall provide minor amenities (i.e. benches, picnic tables and trash
receptacles) within the open space area along Ashley Creek. A plan of these
amenities shall be provided to the Parks and Recreation Department and
Montanan Department of Fish, Wildlife and Parks for review and approval.
15. A pedestrian/ bike path plan shall be provided to the Parks and Recreation
Department and Police Department which includes the pathway width,
construction materials, and security lighting for the paths located throughout the
Willow Creek subdivision. Specifications for the bike path construction will be
determined by the Parks and Recreation Department with recommendations
provided by the Montana Fish, Wildlife and Parks in areas where the path comes
within 200 feet of the high water line of Ashley Creek as required in condition 44.
The pedestrian/ bike path plan shall also provide for a connection to the future
bike path along the Highway 93 by-pass.
16. The parks and open space areas shall be dedicated and improved in accordance
with an approved plan by the Parks and Recreation Department pursuant to the
following phasing plan:
A. Phase 1: Park B shall be dedicated and improved and all the land along
Ashley Creek shown as either parks or open space shall be dedicated to the
city. Along with this dedication the bike/pedestrian trail shall be
constructed per the plan approved by the Department along Ashley Creek
as shown on the Willow Creek conceptual site plan.
B. Phase 2: Park E shall be improved
C. Phase 3: Park D shall be improved
D. Phase 4: Park A shall be dedicated and improved
E. Phase 5: The bike/pedestrian path along Ashley Creek shall be paved
F. Phase 7: Park C shall be improved
17. A park maintenance district shall be formed in accordance with section 7-12-
4001 MCA incorporating all the lots within the Willow Creek subdivision. The
taxes levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council. Such a
district shall become effective upon recording the final plat of phases 1-7 of the
Willow Creek subdivision.
18. In the event the Homeowners Association fails to maintain its properties, the park
maintenance district program may be initiated by the city to provide maintenance
for some or all of the public or private improvements.
19. A revised landscape plan for the lift station shall be provided to the Parks and
Recreation Department and the Planni ng Department for review and approval.
The plan shall provide for a visual screen to include a combination of trees,
bushes and green groundcover and specifying tree and shrub type and size at the
time of planting. Fencing around the lift station shall be the same fencing
referenced in the conditions of this PUD. The approved landscape plan and
fencing shall be installed prior to final plat of phase 1.
20. The developer shall provide the Parks and Recreation Department a revised
landscaping and irrigation plan for the common area along Foys Lake Road. The
plan shall provide for a visual screen for the fence along Foys Lake Road. The
visual screen shall include a combination of trees, bushes and green groundcover
and specifying tree and shrub type and size at the time of planting. The approved
planting and irrigation plan shall be installed per the phased improvement
schedule for Foys Lake Road specified in condition 39 of the preliminary plat
approval. (Findings of Fact Section D)
21. Prior to submitting a final plat for each phase, the final lot grading plan shall be
submitted to the Public Works Department for review and approval.
22. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through
279, 280 through 288 and lots 289 through 291 shall be redesigned so that
access is provided by an alley. The alley shall be constructed prior to final plat
approval of the lots in their respective phase.
23. Willow Creek Drive shall be re -aligned so a larger portion of the road and right-of-
way are outside of the recommended 200 foot setback as shown on the
preliminary plat.
24. The power, phone, natural gas and cable television lines shall be located within
the alley right-of-way. Where an alley is not adjacent to the lot the power, phone,
natural gas and cable television lines shall be located within a separate 5-foot
easement outside of the road right-of-way easement.
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal for each phase. The minimum of
two-thirds of the necessary infrastructure shall include the extension of water and
sewer mains to the site and the necessary lift station to transport effluent back to
the city sewage treatment plant. For phase 1, the minimum infrastructure shall
also include the completed roadway connection from Foys Lake Road to Highway
2.
26. The final plats for the Willow Creek subdivision shall be filed consecutively from
phase 1 through phase 7. The first phase shall be filed within three years of
approval of the effective date of this PUD. Each successive phase shall be filed
within two years of final plat approval of the previous phase.
27. That a development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and formalizing the terms,
45
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.
Willow Creek Subdivision Conditions
General Conditions:
28. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
29. Any retaining walls used on the project site shall have a maximum height of 3
feet. If a higher retaining wall is needed the wall shall be stepped and landscaped
with a design approved by the Parks and Recreation Department and Planning
Department. (Subdivision Application and Findings of Fact Section C)
30. A geotechnical report shall be provided to the Public Works Department and
Building Department at the end of the site grading showing the fill areas on the
site have been properly compacted. (Findings of Fact Section C)
31. Street lighting shall be located within the subdivision and along Foys Lake Road
and shall be shielded so that it does not intrude unnecessarily onto adjoining
properties. (Kalispell Subdivision Regulations Section 3.09(L)).
Prior to final plat:
32. 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 and Montana Public Works Standards; the design shall be certified
in writing by a professional engineer licensed in the State of Montana. All design
work shall be reviewed and approved in writing by the Kalispell Public Works
Department prior to construction. This infrastructure shall include but not be
limited to streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks. (Kalispell Design and Construction Standards)
33. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior
to final plat, a certification shall be submitted to the Public Works Department
stating that the water and sewer mains have been built and tested as designed
and approved. (Kalispell Design and Construction Standards)
Note: Extension of the water and sewer mains to the property lines may be
required by the Pubic Works Department. Furthermore, hydraulic conditions
and/or future city requirements may require the water main be extended to
Appleway within the northern access roadway (Willow Creek Drive) for the
development.
34. The developer shall submit to the Kalispell Public Works Department for review
and approval a storm water drainage report and an engineered drainage plan that
meets the requirements of the current City standards for design and construction.
The report shall include a phased construction schedule showing when detention
facilities will be constructed. Prior to final plat, a certification shall be submitted
to the Public Works Department stating that the drainage plan for the subdivision
has been installed as designed and approved. (Kalispell Design and Construction
Standards)
Note: An off site downstream analysis for the new south side hill drainage shall
accompany the drainage report. This analysis will need to identify if the new
volume release from the development will impact the downstream adjacent
properties, conveyance channels, and water bodies. This downstream analysis
will need to look at the 2, 10, and 100 year flows.
35. The developer shall submit to the Kalispell Public Works Department prior to
construction, a city storm water management plan for review and approval and a
copy of all documents submitted to Montana Department of Environmental
Quality for the General Permit for Storm water Discharge Associated with
Construction Activities. (Kalispell Design and Construction Standards)
36. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a proper
bond has been accepted for unfinished work. (Kalispell Design and Construction
Standards)
37. A note shall be placed on the final plat of each phase including alleys stating that
the alleys shall be privately maintained. (Findings of Fact Section D)
38. Prior to the final plat of phase 1, all traffic mitigation listed in the traffic impact
study for Willow Creek and, except the recommendation to signalize the
intersection of Valley View Drive and Foys Lake Road, shall be completely
constructed as part of Phase 1. (Traffic Impact Study and Findings of Fact
Section D)
39. Prior to the final plat of phase 1, Foys Lake Road, along the projects frontage, to
the intersection of Willow Creek Drive shall be upgraded to urban collector
standards. Prior to the final plat of phase 2, Foys Lake Road, from the
intersection of Willow Creek Drive to the western boundary of the project site shall
be upgraded to urban collector standards. The improvements shall include
widening the roadway from the center line of the roadway north, installing street
lights and street trees in addition to the landscaping proposed in the elevations
submitted with the PUD. The 10-foot wide meandering bike/pedestrian path
shall provide the pedestrian access normally provided by a 5-foot sidewalk. As
part of the improvements to Foys Lake Road for phase 1 the developer shall
provide infrastructure for the future signal light recommended at the intersection
of Valley View Drive and Foys Lake Road in the traffic study. All improvements
shall be reviewed and approved by the Kalispell Public Works Department and
Montana Department of Transportation. (Traffic Impact Study and Findings of
Fact Section D)
47
40. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through
279, 280 through 288 and lots 289 through 291 shall be redesigned so that
access is provided by an alley. The alley shall be constructed prior to final plat
approval of the lots in their respective phase. (Findings of Fact Section D)
41. Prior to final plat approval for phase 6 a 60-foot wide road and utility easement
shall be provided to the adjacent property to the west of the project site, Tract 7,
through the common open space located between lots 310 and 311. (Findings of
Fact Section D)
42. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for Willow Creek Drive and Willow River Drive onto Foys
Lake Road and the connection up to Highway 2. If any improvements are
necessary at the intersection of the roadways, these improvements shall be
completed to the satisfaction of the MDT prior to the respective phase and MDT
shall so certify this in writing to the city. (Findings of Fact Section D)
43. A noise study shall be completed prior to the final plat approval of phase 1. The
noise study shall show how a noise level of 60 dBA at the eastern property
boundary for condo lot 1 of phase 1 and condo lot 3 of phase 3 can be achieved.
The proposed mitigation measures contained in the noise study shall be reviewed
and approved by the city staff and implemented prior to the final plat of phase 1.
Note: This condition may result in the loss of one or more of the proposed multi-
family buildings. Any deviation from the proposed road alignments shown on the
preliminary plat to achieve the desired number of multi -family buildings on lots 1
or 3 as described above shall result in the subdivision and PUD to come back
before the city council for review and approval. (Findings of Fact Section A)
44. A letter from the Montana Department of Transportation shall be provided stating
that the by-pass right-of-way shown on the final plat for phase 1, 3, and 7 is
adequate for the construction of the future highway by-pass.
Note: The location of the highway by-pass right-of-way may affect the eastern
boundary line of the proposed subdivision, which may in turn affect the number
of proposed lots or condominium units. (Findings of Fact Section D)
45. A 200-foot building setback, measured from the high water mark of Ashley Creek
shall be shown on the final plats of phases 2, 3, 4, 6, and 7. Within the 200-foot
building setback the first 75 feet adjacent to the stream shall be protected with
natural vegetation. No buildings, parking lots or roads shall be located within the
200-foot setback. A bike/pedestrian path within the 200-foot setback shall be
permitted provided there is an adequate vegetative buffer between the
bike/pedestrian path and Ashley Creek. Prior to installation of the
bike/pedestrian path the developer shall obtain a written approval from the
Montana Department of Fish, Wildlife and Parks. (Findings of Fact Section B)
46. Basements shall be prohibited for the multi -family buildings on condo lot 1 of
phase 1 and condo lots 3 and 6 of phase 3 due to high ground water in the area.
(Findings of Fact Section C)
:f.]
47. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the Fire Department: (Kalispell Subdivision Regulations,
Section 3.20).
A. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2003) Appendix B.
B. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with International Fire
Code (2003) Chapter 5.
D. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
E. Street naming shall be approved by the fire department.
F. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as a fire lane.
48. A letter shall be obtained from the Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the
landscape boulevards of the streets serving the subdivision. The approved
landscape plan shall be implemented or a cash in lieu payment for installation of
the street trees and groundcover provided to the Kalispell Parks and Recreation
Department. (Kalispell Subdivision Regulations, Section 3.11).
Note: Rocks in the landscape boulevard are prohibited.
49. The approved parks improvement plan (condition 13 of the PUD), open space
improvement plan (condition 14 of the PUD), and bike/pedestrian plan (condition
15 of the PUD) shall be completed prior to the final plat of the respective phase of
the project as referenced in condition 16 of the PUD. (Findings of Fact Section D)
50. The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09)
51. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for City water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat. (Kalispell Subdivision Regulations,
Section 3.18)
52. 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 designed in accordance with
section 3.22 of the Kalispell Subdivision Regulations and installed or bonded for
prior to final plat. In addition, the mail delivery site and improvements shall be
included in the preliminary and final engineering plans to be reviewed by the
Public Works Department. The mail delivery site shall not impact a sidewalk or
49
proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
53. 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."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
54. Prior to final plat approval for phase 2, 4, 6, and 7, a detailed floodplain study
shall be completed and accepted by FEMA determining the base flood elevation for
the floodplain area along Ashley Creek. The final plat shall not be recorded and
no significant earth moving within 100 feet of the centerline of the creek shall be
allowed until the completion and acceptance of the study area. The newly
delineated floodplain shall be staked. The base flood elevation accepted by FEMA
shall be indicated on the final plat and no lots shall extend into the newly
delineated floodplain. (Findings of Fact Section A)
55. The water rights allocated to the developer, both surface and ground, shall be
transferred to the city with the filing of each final plat to insure the orderly
accounting of water rights and to protect the future water needs of the city of
Kalispell for it users. (Findings of Fact Section E)
56. Lots 30 through 33 and 292, 294, 295, 296, 276, and 277 shall be reconfigured
to be brought into compliance with section 3.06.G of the subdivision regulations
prior to filing the final plat in their respective phases. (Kalispell Subdivision
Regulations, Section 3.06(G) and Findings of Fact Section H)
On going conditions:
57. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
58. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
50
July 6, 2007
Kalispell Planning Department
17 2nd Suva East, Suite 211
Kalispell, MT 59901
Attention: Tom Jentz
E,
JUL 0 2007
MUSTELL MNNR-,',G I NIENT
We the undersigned, given the rural character of our neighborhood, wish to Officially Protest MY changes m
the current zoning density or R- 1, 1-2 County and included in the proposed project known as Willow
Creek. it can be described as Tracts 1, IAI, IB, IBA, IBB, ID, IDA, IE, IF, IFA, IFB, 7AB within the N
1/2 of the S 1/2 Section 13, Township 28 N. Range 22 W. P. NC M, Flathead County, MOntmmL This
protest is inclusive of the Application For Growth Policy Amendment (GFA), Petition For Annexation and
Initial Zoning, Application For Planned Unit Development (PUD),and Major Subdivision Preliminary Plat
Application. The 140-5+ acre site is located on N. H. N. Foys Lake Road- An additional growth policy
amendment from Industrial to Suburban Residential on a 24 acre portion (note that this 24 acres lies
underneath the proposed by-pass and includes wetlands, Ashley Creek floodplain and some undevelopable
land all adjacent to and east of the proposed Willow Creek Development that was inadvertently left OW Of
the original application submissions by the applicant).We all own lots within 150 feet.
LOT # NAM
U-171, .-
V
7s
J
3 2d- IT� LIDA
57 2- U
o.j
7�5
July 6, 2007
Kalispell Planning Department
17 2nd Street East, Suite 211
Kalispell, MT 59901
Attention: Tom Jentz
We the undersigned, given the rural character of our neighborhood, wish to officially protest any changes in
the current zoning density or R-1, 1 2 County and included in the proposed project known as Willow
Creek. It can be described as Tracts 1, JAI, IB, IBA, 1BB, 1D, 1DA, IE, 1F, 1FA, 1FB, 7AB within the N
1/2 of the S 1/2 Section 13, Township 28 N. Range 22 W. P. M. M., Flathead County, Montana. This
protest is inclusive of the Application For Growth Policy Amendment (GPA), Petition For Annexation and
Initial Zoning, Application For Planned Unit Development (PUD),and Major Subdivision Preliminary Plat
Application. The 140.5+ acre site is located on N. H. N. Foys Lake Road. An additional growth policy
amendment fronm Industrial to Suburban Residential on a 24 acre portion (note that this 24 acres lies
underneath the proposed by-pass and includes wetlands, Ashley Creek floodplam and some undevelopable
land all adjacent to and east of the proposal Willow Creek Development that was inadvertently left out of
the original application submissions by the applicant).We all own lots within 150 feet.
LOT # NAME ADDRFSS Ppnw,
1,�1' aw���,e1� eloiavue�.�,��c.
PaQ.Qor�S'i3d
FAA-
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( Si`t
4
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160
2
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tit ?l
68 t—V��W
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July 6, 2007
Kalispell Planning Department
17 2nd Street East, Suite 211
Kalispell, MT 59901
Attention: Tom Jentz
We the undersigned, given the rural character of our neighborhood, wish to officially protest any changes in
the current zoning density or R-1, 1 2 County and included in the proposed project known as Willow
Creek. It can be described as Tracts 1, 1A1, 113, IBA, 1BB, 1D, 1DA, IE, 1F, 1FA, 1FB, 7AB within the N
1/2 of the S 1/2 Section 13, Township 28 N. Range 22 W. P. M. M., Flathead County, Montana. This
protest is inclusive of the Application For Growth Policy Amendment (GPA), Petition For Annexation and
Initial Zoning, Application For Planned Unit Development (PUD),and Major Subdivision Preliminary Plat
Application. The 140.5+ acre site is located on N. H. N. Foys Lake Road. An additional growth policy
amendment from Industrial to Suburban Residential on a 24 acre portion (note that this 24 acres lies
underneath the proposed by-pass and includes wetlands, Ashley Creek floodplain and some undevelopable
land all adjacent to and east of the proposed Willow Creek Development that was inadvertently left out of
the original application submissions by the applicant).We all own lots within 150 feet.
Please refer to Montana Code Annotated 2005 as follows:
76-2-305. Alteration of zoning regulations - protest.
(1) A regulation, restriction, and boundary may be amended, supplemented, changed, modified, or repealed.
The provisions of 76-2-303 relative to public hearings and official notice apply equally to all changes and
amendments.
(2) An amendment may not become effective except upon favorable vote of two-thirds of present and voting
members of the city or town council or legislative body of the municipality if a protest against a change
pursuant to subsection (1) is signed by the owners of 25% or more of -
(a) the area of lots included any proposed change: or
(b) those lots 150 feet from a lot included in a proposed change.
LOT # r MME ADDRESS PHONE
Z.S S-
Pr
75 Z, ,S
i
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Let
'A A "_Y/ A-
-
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July 6, 2007
Kalispell Planning Depwonent
17 2nd Street East Suite 211
Kalispell, MT 59901
Attention: Torn Jentz
We the undersigned, gh= the rural character of our neighborhood, wish to officially protest any changes in
the current mooing density or R-1, 12 County and included in the proposed project known as Willow
Creek It can be described as Tracts 1, IAI, III, IBA, IBB, ID, IDA, IE, IF, IFA, IFB, 7AB within the N
1/2 of the S 1/2 Section 13, Township 29 N. Range 22 W. P. NC M, Flathead County, Montana. This
protest is inclusive of the Application For Growth Policy Amembnent (GPA), Petition For Annmmfim and
Initial Zoning, Application For Planned Unit Development (PUD),md Major Subdivisim Pmliuina�y Plat
Application. The 1405+ acre site is located an N. A. N. Foys Lake Road An additional growth policy
amendment from Industrial to Suburban Residential on a 24 acre portion (note that this 24 acres lies
underneath the proposed by-pass and includes wetlands, Ashley Creek floodplain and sonm undevek)pable
land all adjacent to and cast ofthe proposed Willow Creek Development that was inadvertently left out of
the original application submissions by the applicant). We all own W within 150 feet.
im 4k -NAM ATV%nr4nr-
V)
, rfcne re4je- 440 A
July 6, 2007
Kalispell Planning Department
17 2nd Street East, Suite 211
Kalispell, MT 59901
Attention: Tom Jentz
We the undersigned, given the rural character of our neighborhood, wish to officially protest any changes in
the current zoning density or R 1, 1-2 County and 'included in the proposed project known as Willow
Creek. It can be described as Tracts 1, JAI, 1 B, IBA, 1 BB, 1D, I DA, 1 E, IF, 1 FA, 11713, 7AB within the N
112 of the S 1/2 Section 13, Township 28 N. Range 22 W. P. M. M., Flathead County, Montana. This
protest is inclusive of the Application For Growth Policy Amendment (GPA), Petition For Annexation and
Initial Zoning, Application For Planned Unit Development (PUD),and Major Subdivision Preliminary Plat
Application. The 140.5+ acre site is located on N. H. N. Foys Lake Road. An additional growth policy
amendment from Industrial to Suburban Residential on a 24 acre portion (note that this 24 acres lies
underneath the proposed by-pass and includes wetlands, Ashley Creek floodplain and some undevelopable
land all adjacent to and east of the proposed Willow Creek. Development that was inadvertently left out of
the original application submissions by the applicant).We all own lots within 150 feet.
Please refer to Montana Code Annotated 2005 as follows:
76-2-305. Alteration of zoning regulations - protest.
(1) A regulation, restriction, and boundary may be amended, supplemented, changed, modified, or repealed.
The provisions of 76-2-303 relative to public hearings and official notice apply equally to all changes and
amendments.
(2) An amendment may not become effective except upon favorable vote of two-thirds of present and voting
members of the city or town council or legislative body of the municipality if a protest against a change
pursuant to subsection (1) is signed by the owners of 25% or more of
(a) the area of lots included any proposed change: or
(b) those lots 150 feet from a lot included in a proposed change.
LOT # W- E
gifts �iI MT
4 - rt l
C
W
QVu 1i1a vq tAtliCr.11
ri�(_?�' V✓ ���
S
'a 1�-v��o�mc
F. 0' i36,1C Si 5
D
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X5'7
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ow _
mac.
P0. Sax E 13a
J<-AL �s 11 5 o
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Z a - Ttcl43e nu IA
July 6, 2007
Kalispell Planning Department
17 2nd Street East, Suite 211
Kalispell, MT 59901
Attention: Tom Jentz
We the undersigned, given the rural character of our neighborho4 wish to officially protest any changes in
the current zoning density or R 1, 1-2 County and included in the proposed project known as Willow
Creek It can be descn'bed as Tracts 1,1A1, IB, IBA, 1BB, ID, IDA, lE, IF,1FA, 1FB, 7AB within the N
1/2 of the S 1/2 Section 13, Township 29 N. Range 22 W. P. M. M., Flathead County, Montana. This
protest is inclusive of the Application For Growth Policy Arent (GPA), Petition For Annexation and
Initial Z sing, Application For Punned Unit Development (PUD),a nd Major Subdivision Preliminary Plat
Application. The 1405+ acre site is located on N. IL N. Foys Lake Road. An additional growth policy
amendment from Industrial to Suburban Residential on a 24 acre portion (note that this 24 acres ties
underneath the proposed by-pass and includes wends, Ashley Creek tloodplain and some undevelopable
land all adjacent to and east of the proposed Willow Creetc Development that was inadvertently left out of
the original application submissions by the appticant).We all own lots within 150 feet.
L0T # •
1E ADDRESS
vU 6 �
���•�jj
i' l Y ..1 - C,(,\-#- k P r i3 d k - 1 t\3 o
Dr
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6Ci 97 2 —if 9 76,
v
5qov)e��
July 6, 2t 07 .
Kalispell Plt
17 2nd Street East, Suite 211
Kalispell, MT 59901
Attention: Tom Jentz
We the undersigned, given the rural character of our neighborhood, wish do officially protest any changes in
the current zoning density or R-1, 1 2 County and included in the proposed project known as Willow
Creek. It can be described as Tracts 1, IA1, III, IBA, IBB, 1D, IDA, IE, IF, IFA, iFB, 7AB within the N
1/2 of the S 1/2 Section 13, Township 28 N. Range 22 W. P. M. M., Flathead County, Montana. This
protest is inclusive of the Application For Growth Policy Amendment (GPA), Petition For Annexation and
Initial Zoning, Application For Planned Unit Development (PUD),and Major Subdivision Preliminary Plat
Application. The 1405+ acre site is located on N.1- N. Foys Lake Road. An additional growth policy
amendment fiom Industrial to Suburban Residential on a 24 acre portion (note that this 24 acres lies
underneath the proposed bypass and includes wetlands, Ashley Creek floodplam and some undevel(pable
land all adjacent to and east off wed Willow Creek Development that was inadvea6entiy left out of
the original application submissions 'by -apphcant).We all own lots within 150 feet.
LOT # NAME AnnRFSS PMIM
1-7
alo>' �d
z Z Lez
u U
ZC�,rit�/
_
75,
a
E
3i3�
. Noveiber 12, 2007
Kalispell Planning Department
17 2nd Street East, Suite 211
Kalispell, MT 59901
Attention: Tom Jentz
We the undersigned, given the rural character of our neighborhood, wish to officially protest any changes In
the current zoning density of R-1, 1--2 County and included in the proposed project known as Willow Creek.
It can be described as Tracts 1, 1 Al, 1 B, 1 BA, 11313, 1 D, 1 DA, 1 E, 1 F. 1 FA, 1 FB, 7AB within the N 1/2 of
the S 1/2 Section 13, Township 28 N. Range 22 W. P. M. M., Flathead County, Montana. This protest is -
inclusive of the Application For Growth Policy Amendment (GPA). Petition For Annexation and Initial Zoning,
Application Fot Planned Unit Development (PUD), and Major Subdivision Preliminary Plat Application. The
140.5 + acre site is located on N. H. N. Foys (rake Road. We all own lots within 150 feet.
-� -
Plesei refer th Montana Code Annotated 2005 as follows:
76-2-305. Alteration of zoning regulations - protest.
(1) A regulation, restriction, and boundary may be amended, supplemented,
changed, modified, or repealed. The provisions of 76-2-303 relative to
public hearings and official notice ably equally to all changes or armen Iments.
(2) An amendment may not become effective except upon a favorable vote of two-thirds of the present and
voting members of the city or town council or legislathre body of the n.pnicipality If a protest against a change
pursuant to subsection (1) is signed by the owners of 25% or more of:
(a) the area of the lots included any proposed change; or
(b) those lots 150 feet from a lot included In a proposed change.
NAUR AMP"
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7
November 12,2007
Kalispell Planning Department
17 2nd Street East, Suite 211
Kalispell, MT 59901
Attention: Tom Jentz
We the undersigned, given the rural character of our neighborhood, wish to officially protest any changes in
the current zoning density of R-1, 1-2 County and included in the proposed project known as Willow Greek.
It can . be -described as Tracts 1, 1A1, 1 B, 1 BA, 1 BB, 1 D, 1 DA, 1 E, 1 F, 1 FA, 1 FB, 7AB within the N 1 /2 of
the S 112 Section 13, Township 28 N. Range 22 W. P. M. M., Flathead County, Montana. This protest is
inclusive of the Application For Growth Policy Amendment (GPA), Petition For Annexation and Initial Zoning,
Application For Planned Unit Development (PUD), and Major Subdivision Preliminary Plat Application. The
140.5 + acre site is located on N. H. N. Foys lake Road. We all own lots within 150 feet.
LOT# NAME
ADDRM PHCNE
a, 5 `'
L75��
Cl f—� -
,Yr�c SI��G,t M 5 a j -- -��
pert
.J i' �
<
/ ��� C,.� • ~ 9
L'V �r Fes- / �V- ✓/V
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