Ordinance 1630/PUDORDINANCE NO.1630
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY CREATING TWO
PLANNED UNIT DEVELOPMENT OVERLAY ZONES OVER CERTAIN REAL
PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO AND LOCATED IN PORTIONS OF SECTIONS 19 AND 30 OF TOWNSHIP 29
NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA ZONED WITH CITY R-3,
URBAN SINGLE FAMILY RESIDENTIAL, CITY R-4, TWO FAMILY RESIDENTIAL,
CITY B-1 NEIGHBORHOOD BUFFER DISTRICT AND CITY B-3, COMMUNITY
BUSINESS IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND
TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Wolford Development Montana, LLC owns approximately 485.5 acres of real
property described within Exhibit "A" attached hereto and incorporated fully herein
by this reference, and included within assessor's tracts 2C, 21), 6A, 1, 3, 4, 1B, 1C,
1CA, 1E, 1F, 1G, 2C, 2CA and located in portions of Sections 19 and 30 of
Township 29 North, Range 21 West, Flathead County; and
WHEREAS, Wolford Development Montana, LLC, the owner of the property described above,
petitioned the City of Kalispell that upon annexation the initial City of Kalispell
zoning classification attached to the above described tract of land be R-3 - Urban
Single Family Residential, R-4 - Two Family Residential, B-1- Neighborhood Buffer
District and B-3 - Community Business, with a commercial PUD overlaying the
zoning district of B-3 and a mixed residential/commercial PUD overlaying zoning
districts of B-1, R-4, and R-3; and
WHEREAS, the property is located above West Reserve Drive and spans the distance between
Highway 93 North and Whitefish Stage Road. The project site is generally bounded
by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive
and Semitool along its southern boundary, Highway 93 North along its western
boundary, Whitefish Stage Road along its eastern boundary and a combination of
state owned land and lands within the city and county along its northern boundary;
and
WHEREAS, the petition of Wolford Development Montana, LLC was the subject of a report
compiled by the Kalispell City Planning Office, Amended Staff Report #KA-07-17
and KPUD-07-6, in which the Kalispell City Planning Office evaluated the petition,
compiled evidence and recommended that the property as described above be zoned
R-3 - Urban Single Family Residential, R-4 - Two Family Residential, B-1 -
Neighborhood Buffer District and B-3 - Community Business, with two Planned Unit
Development overlays; and
WHEREAS, the Kalispell City Planning Board properly noticed and held a Public Hearing on the
matter on November 27, 2007 and on December 1.1, 2007 and after considering all
written and oral public comment as well as all other evidence provided through the
above described staff reports recommended that the initial zoning be R-3, Urban
Single Family Residential, R-4, Two Family Residential, B-1- Neighborhood Buffer
District, and B-3 - Community Business, with two Planned Unit Development
overlays, upon annexation to the City of Kalispell; and
WHEREAS, the Kalispell City Council properly noticed and held a Public Hearing on the matter
on January 7, 2008 and received oral and written evidence from the public at that
time; and
WHEREAS, in making these findings of fact the Kalispell City Council considered the following
evidence:
a) Amended Kalispell City Planning Office Staff Report KA-07-17, KPUD-07-6
and KPP-07-12
b) All application and other materials provided by applicant including letters
received by applicant from the Montana Department of Transportation dated
November 27, 2007 and November 28, 2007
c) Minutes of the Kalispell City Planning Board meetings and public hearing
dated 11/27/07 and 12/11/07
d) Submittal materials of Kalispell City Planning Board President Bryan H.
Schutt dated December 20, 2007
e) Response letter from CTA, applicant's agent, commenting on conditions of
approval for Glacier Center PUD and Preliminary Plat approval dated
November 27, 2007
f) All evidence, written and oral, provided by the public at the City Council
Public Hearing dated January 7, 2008
g) All other written evidence provided in public comment materials received in
to the City Clerk's Office prior to 5:00 p.m. on January 22, 2008 including
the January 4, 2008 Montana Department of Transportation letter to
Representative Jon Sonju
h) All oral testimony provided at the "Public Comment" portion of the January
22, 2008 Kalispell City Council meeting
WHEREAS, the Kalispell City Council, after considering all the evidence set forth above to create
two Planned Unit Development overlays over the initial zoning designations of R-3 -
Urban Single Family Residential, R-4 - Two Family Residential, B-1- Neighborhood
Buffer District, and B-3 - Community Business, as set forth and described in Exhibit
"A", 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
Kalispell City Planning Office set out in Amended Staff Report No. KA-07-17 and
KPUD-07-6.
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 two
Planned Unit Development overlays upon the real property described in
Exhibit "A" attached hereto and incorporated fully herein by this reference.
A commercial PUD shall overlay the zoning district of B-3 and a mixed
residential/commercial PUD shall overlay the zoning districts of B-1, R-4,
and R-3. Said PUDs shall be subject to the following conditions:
1. The Planned Unit Development for Glacier Town Center allows the following deviations
from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.1 LA (Sidewalks)
i. Allows the development of the roads within the project to be designed as shown in
Exhibit F-Roads, of the development application with the following additions:
• Road Section A— provide an 8-foot bike path with a minimum 10-foot boulevard
along the western side of the road. The bike path shall connect with the path
shown along Many Glacier Road on the PUD site plan and extend south to the
southern edge of the BPA easement.
• Road Section C — provide a 5-foot sidewalk on both sides of the roadway. The
sidewalk shall be located to the outside edges of the right-of-way providing a
minimum 10-foot boulevard.
• Road Section D — provide a 5-foot sidewalk along the outside edge of the
roadway. A minimum 5-foot boulevard shall be provided.
• Road Section F — provide a 5-foot sidewalk on both side of the roadway with a
minimum boulevard width of 5 feet. Note: The southern most access into the
subdivision from Highway 93 North shall have an 8-foot bike path in lieu of a
sidewalk on the south side of the roadway to connect with the bike path shown on
the PUD site plan.
• Road Section K —provide a 5-foot sidewalk along the southern edge of the right-
of-way along the street frontage of lot 32.
All road sections shall locate the sidewalk or bike path within 1 foot of the right-
of-way boundary.
B. Kalispell Subdivision Regulations, Section 3.073 (Block length)
Allows a minimum block length of less than 300 feet.
C. Kalispell Zoning Regulations, Section 27.06.040(3) (Property development standards -
setbacks)
Allows the rear setbacks reduced to 10 feet. The 10-foot setback shall be for accessory
uses such as garages and, on alley loaded lots, the setback shall be taken from the alley
right-of-way.
D. Kalispell Zoning Regulations, Section 27.07.020(5) (Permitted Uses within R-4 zoning
district)
Allows the configuration of three or more townhouse units in the R-4 district only.
E. Kalispell Zoning Regulations, Section 27.15.030(13) (Conditionally permitted uses in the
B-3 zoning district)
Allows retail malls/community shopping centers as a permitted use within the zoning
district. The following conditions shall apply to the lifestyle center and power center:
i. The developer shall provide the city with a pedestrian access plan for the entire
project site. Both trails and sidewalks shown on the PUD plan and as a condition of
approval shall be included in the plan.
a. Linear row of landscaping material on average every 200-225 feet (typically
every 3-4 rows).
b. The landscaping feature will include a combination of trees, bushes and
flowers shall extend the length of the parking lot and shall be a minimum of
10 feet wide.
c. 1-3 inch round river rock is not an approved landscape material.
d. The exterior row of parking lot islands shall be landscaped islands, not just
flat concrete slabs.
e. Pedestrian connections shall also be made to surrounding streets and the bike
path located along Highway 93 North. A minimum of three connections shall be
made from the bike path along Highway 93 North to the lifestyle center. A
minimum of two connections shall be made from the sidewalk along Rose
Crossing to the lifestyle center. Where sidewalks cross traffic lanes, either at
public or private streets or within the parking lot, the sidewalk may be at grade
but shall be constructed of colored or textured concrete, stone or other contrasting
material to visually denote a pedestrian way. Simply painting the walk area is not
adequate.
f. The plan shall be reviewed and approved by the city's site review committee.
F. Kalispell Zoning Regulations, Section 27.15.040(3) (Property development standards in
the B-3 zoning district)
Allows zero setbacks for buildings on the following lots: Lots 1, 2, and 3 of block I of
phase 1 and lots 23, 24, 25, 26, 27, and 28 of block IV of phase 1.
G. Kalispell Zoning Regulations, Section 27.15.040(4) (Maximum building height in the B-
3 zoning district)
Allows a maximum building height of 60 feet within the B-3 zoning district.
H. The request to deviate from the outdoor lighting standards in the Kalispell Zoning
Regulations, Section 27.22.104, is denied. All outdoor lighting shall be designed and
installed in accordance with the zoning regulations.
2. The Glacier Town Center conceptual site plan shall be revised to incorporate the conditions
of approval of the PUD. The revised site plan shall be reviewed and approved by the city
prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of dwelling units.
3. The development of the 485.5 acre site shall substantially comply with the materials
submitted and the following maps and elevations contained in the PUD application:
A. Glacier Town Center Conceptual site plan (as amended per condition 2)
B. Land Use map dated August 6, 2007
C. Proposed Underlying Zoning map dated September 4, 2007
D. Roadway Types map dated August 6, 2007
E. Road profile sections A through P dated August 6, 2007 except profile O which is dated
September 4, 2007
Note: Several road profiles shall be amended in accordance with condition LA
F. Road Ownership map dated August 6, 2007
G. Architectural Elevations for the lifestyle center, power center, commercial and office
buildings, single-family, townhouse, and multi -family buildings included in Exhibit H of
the application and attached with the sufficiency letter dated November 6, 2007
H. Phasing plan map dated September 4, 2007
I. PUD boundary map dated August 6, 2007
J. Buffer plans for the following areas as modified by condition 11:
Highway 93 North
Whitefish Stage Road
Perimeter landscape buffer
K. Sign Plan contained in Exhibit H of the application as amended by condition 14
L. Open Space ownership map with maintenance of the open space areas per condition 9
M. Park plan
N. Conceptual Access easement for lots 23 through 28 of Block IV of phase 1
O. Conceptual lot layout plans for single-family and townhomes except that all townhome
development shall incorporate alleys
P. Streetscape plan for the lifestyle center
4. The following access points or road connections shall be incorporated into the design of
future phases of the project:
A. Six 60-foot local right-of-ways typically 2 per quarter section along the 3 northerly
quarter sections of the project site allowing an average spacing of a street every 560-660
feet shall be provided.
B. A minimum of one 60-foot local road right-of-way along the residential block adjacent to
tracts 1 and 2 of Certificate of Survey 15221 to provide access to these properties western
boundary.
C. Two 60-foot local road right-of-ways for assessor's tract 2BA. One road right-of-way
shall be located on the western boundary and the other along the northern boundary for
access onto the future Lake McDonald Road.
D. A roadway connection shall be provided between the residential portion of phase 3 and
phase 4, located north of Rose Crossing.
E. A minimum of three 60-foot road right-of-ways to connect with the Semitool property
located to the east of phase 2 and south of phase 5. One of the roadway connections shall
be located from Many Glacier Road east to the Semitool property in the area of the BPA
easement. The other two road right-of-ways shall be located between phase 5 and
assessor's tracts 3E and 3A.
5. A minimum of 72.3 acres of developed open space and parkland shall be provided within the
Glacier Town Center subdivision less any additional required right-of-ways for local roads
and Highway 93 created by the conditions.
6. The developer shall provide the Parks and Recreation Department with a detailed park
improvement plan and layout for the central park proposed in phase 1 and the park areas in
phases 4 and 5. The park improvement plan shall include but not be limited to walkways,
turf, irrigation, landscaping, security lighting, children's play equipment, benches, trash
receptacles, drinking fountains, where appropriate, and hard surface play areas to include
tennis and/or 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.
7. The developer shall provide minor amenities (i.e. parking lot, trails, benches, picnic tables,
trash receptacles) within the open space area adjacent to the Stillwater River. A plan of these
amenities shall be provided to the Parks and Recreation Department and Montana
Department of Fish, Wildlife and Parks for review and approval.
8. 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 Glacier Town Center subdivision.
Specifications for the bike path construction will be determined by the Parks and Recreation
Department with recommendations provided by the Montana Department of Fish, Wildlife
and Parks in areas where the path comes within 200 feet of the high water line of the
Stillwater River.
9. The pedestrian/bike path shall be improved in accordance with the approved plan prior to the
final plat of each phase of the project. The parks 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: The central park shown on the preliminary plat shall be dedicated to the City
of Kalispell and improved
B. Phase 2: the 7 acres of open space along the Stillwater River shall be dedicated to the
City of Kalispell and improved
C. Phase 4: A minimum 2.7 acre park shall be dedicated to the City of Kalispell and
improved
D. Phase 5: A minimum 2.3 acre park shall be dedicated to the City of Kalispell and
improved
Note: The City of Kalispell Parks and Recreation Department will maintain the parks in
phases 1, 2, 4, and 5 listed above. A property owners association shall be created for the
maintenance of all other open space areas on the project site.
10. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA
incorporating all the lots, commercial and residential, within the Glacier Town Center
subdivision. The taxes levied within the maintenance district shall be determined by the
Parks and Recreation Department with approvals by the Kalispell City Council. Such a
district shall become effective upon recording the final plat of phases 1-5 of the Glacier
Town Center subdivision.
11. The landscaping and irrigation plans for the buffer areas along Highway 93 North and
Whitefish Stage Road shall be reviewed and approved by the Parks and Recreation
Department. Landscaping within the perimeter buffer areas of the project site may require
irrigation where appropriate as determined by the developer and the Parks and Recreation
Department. The buffer areas shall be developed as follows:
A. Highway 93 North buffer shall include an irrigated landscaping corridor with
undulating topography and have a mix of tree plantings with a ground cover
predominately of lawn.
B. Whitefish Stage Road shall include an irrigated landscaping corridor with undulating
topography with landscaped berms a minimum of 5 feet in height from grade and
have a mix of tree plantings with a ground cover predominately of lawn.
C. The perimeter buffer shall include a landscaped corridor with a minimum width of 20
feet and have a mix of tree plantings with a ground cover. Buildings shall be located
a minimum of 20 feet from the edge of the bike/pedestrian trail.
The approved irrigation and landscaping plans shall be installed prior to final plat of the
respective phase where the buffer is located. Round river rock 1 "-3" in diameter is not an
appropriate landscape material. Note: Due to seasonal changes bonding is permitted for the
approved landscaping/irrigation plans.
12. The following road intersections shall include engineered roundabouts as part of phase 1 as
shown on the conceptual traffic diagram for the Glacier Town Center:
Sweet Meadow Lane and Many Glacier Road
Many Glacier Road and the roadway serving phase 3.
Two roundabouts along Rose Crossing at intersections to be determined by the traffic
impact study with input from the Public Works Department.
13. The developer shall work with Eagle Transit to establish bus stop locations throughout the
project site. The approved bus stop locations shall be included on the final PUD plan as
referenced in condition 2. Bus stop locations shall be improved in accordance with Eagle
Transit's requirements. These improvements may include a bus shelter.
14. The signs within the Glacier Town Center shall adhere to the sign plans proposed in the
application and referenced in condition 3.K subject to the following conditions:
A. Two freestanding signs designated 1.1 of Exhibit H of the application shall be located
east of the 100 foot buffer area along Highway 93 North. The signs shall be located at
the intersection of Rose Crossing and Highway 93 and the intersection of Sweet
Meadows Lane and Highway 93. The use of message boards shall be prohibited.
B. One monument sign designated 2.1 of Exhibit Hof the application shall be located along
the eastern edge of the 100 foot buffer area along Highway 93 North.
C. All other detached signs shall be monument signs within the Glacier Town Center
Commercial PUD. A monument sign is defined as a freestanding, self-supporting sign,
supported by columns and a base, which is placed at ground level, and not attached to
any building wall, fence or other structure. Monument signs shall have a maximum
building envelope of 7'6" high and 11'4" wide including architectural embellishments.
An example of a monument sign is provided in Exhibit H of the Glacier Town Center
application, entry monument sign 2.1.
D. Signage on lots 6-10 of Block II and lots 11-16 of Block III of phase 1 shall be limited as
follows:
i. All monument signs shall be located along the eastern boundary of the lot adjacent to
the internal subdivision road.
ii. Wall sign area for the west, south and north facing walls of the building shall be
limited to a total of 50% of the total sign area allowed for the lot.
15. The maximum building height for the out parcels adjacent to Highway 93 North, lots 6-10 of
Block II and lots 11-16 of Block III of Phase 1, shall be 27 feet.
16. Buildings located on the out parcels adjacent to Highway 93 North, lots 6-10 of Block II and
lots 11-16 of Block III of Phase 1, and the area designated as B-1 along Whitefish Stage
Road in phase 4 shall include four sided architecture in their building design.
17. The single-family residential lots shall use either an alley loaded design or design the house
with a minimum garage setback of 10 feet from the front wall of the house.
18. The traffic impact study for the project site shall be reviewed and approved by the Public
Works Department and the Montana Department of Transportation in order to determine the
appropriate mitigation as each phase of the project develops. The traffic impact study shall
be updated for each phase of the development and submitted as part of the preliminary plat
application. The developer shall work with the Montana Department of Transportation to
consider a range of transportation mitigations including roundabouts in the design of
approach permits and to mitigate traffic impacts in the area.
19. A detailed plan to screen the lift stations within the project site shall be reviewed and
approved by the Parks and Recreation Department and Public Works Department as part of
the preliminary plat. Screening of the lift station shall include either enclosing the lift station
within a building or the use of fencing and landscaping.
20. Prior to submitting a preliminary plat for phases 2 and 3 the developer shall contact the
Department of Military Affairs and work with them to come up with a suitable plan to buffer
the anticipated residential land uses adjacent to the existing National Guard facility.
21. If lot 37 of phase 1 reverts back to the developer, the developer shall be required to amend
the PUD plan and propose a use compatible with the existing and proposed uses in the area.
No building permits shall be issued on the lot until the amended PUD plan is approved by the
city council
22. A minimum of two-thirds of the necessary public infrastructure for residential subdivisions
on the Glacier Town Center site shall be completed prior to final plat submittal for each
residential phase and that both the water and sewer systems serving the residential phase be
operational.
23. 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. In all events, each phase shall be freestanding in terms of public infrastructure,
services, parks and open space. The city council may grant multiple successive one year
extensions for each phase of the project. A request for a one year extension must be made a
minimum of 60 days prior to the expiration date of the phase.
24. A development agreement shall be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
25. The center access off of Highway 93 serving phase 1 shall be reduced from a 110 foot private
road right-of-way to a 50 foot private road right-of-way. It shall be designed with 2 way — 2
lane design with a three-quarter C/a ) movement access. The road design shall support a 5
foot sidewalk and a minimum 5 foot landscaped boulevard on both sides.
28. Lake McDonald Road shall be extended to the eastern property line of the proposed 5 acre
community center site, shown as lot 37 on the preliminary plat.
SECTION II. 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 III. 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 4TH DAY OF FEBRUARY, 2008.
ATTEST:
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Theresa White
City Clerk