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Ordinance 1814 - PUD - Eagle Valley Ranchci O H Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II 11111111 I I 201800030355 age:I5 Page:135.00 1 of 5 Debbie Pierson, Flathead County MT by SC 12/19/2018 11502 AM ORDINANCE NO. 1814 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ATTACHING A ZONING CLASSIFICATION OF RA2 AND R-3 OVER CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS t, 4, 7 AND W OF COS 4491, TRACT 2 OF COS 5975 AND TRACT 2 OF COS 5593, SITUATED IN THE SW% OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA AND CREATING A RESIDENTIAL MIXED USE PLANNED UNIT DEVELOPMENT OVERLAY ZONE THEREON, TO BE KNOWN AS THE EAGLE VALLEY RANCH PUD IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Spartan Holdings, LLC, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned RA-2 and R-3 with a Residential Mixed Use Planned Unit Development (PUD) overlay to be known as Eagle Valley Ranch PUD, on approximately 100 acres of land; and WHEREAS, the property is currently zoned R-2/PUD and R-2, and is generally situated along U.S. 93, south of the Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities; and WHEREAS, the petition of Spartan Holdings, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-18-04, in which the Kalispell Planning Department evaluated the petition and recommended the change in the zoning classification and that a Planned Unit Development overlay be attached to the above described tract of land pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 14, 2018, and recommended that the approximately 100 acres of land be zoned RA-2 and R-3 with a Residential Mixed Use Planned Unit Development (PUD) overlay, pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, after considering all the evidence submitted on the proposal to amend the zoning classification and attach a Planned Unit Development overlay to the property, the City Council finds such zoning to be consistent with the Kalispell Growth Policy — Plan It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KPUD-18-01. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by changing the zoning classification of the subject property to RA-2 and R-3 and attaching the property described above with a Planned Unit Development overlay. SECTION 2. The Planned Unit Development overlay proposed by Spartan Holdings, LLC upon the real property described above is hereby approved subject to the following conditions: 1. The Planned Unit Development for Eagle Valley Ranch allows the following deviations from the Kalispell Zoning Ordinance: a. Kalispell Zoning Ordinance, Section 27.06.040 (1) (Minimum lot size in the R-3 Zoning District) to allow single-family residential lots below the minimum lot size. Currently, the minimum lot size is 6,000 square feet and the request would allow single-family lot size of 5,000 square feet. b. Kalispell Zoning Ordinance, Section 27.06.020 (Permitted uses within the R-3 Zoning District) for permitting townhouse units within the R-3 zoning district. 2. That the development of the site will be in substantial conformance with the documents entitled Eagle Valley Ranch and associated submittal drawings which shall govern location of the lots, easements, roadways, phasing plan, covenants and declarations, landscaping, open space uses and architecture. 3. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 4. Architectural renderings for all commercial buildings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 5. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit for development within the RA-2 Zone. 6. New infrastructure required to serve the development shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to storm water, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 7. The traffic impact study for the project site shall be reviewed and approved by the Public Works Department and where appropriate, the Montana Department of Transportation in order to determine the appropriate mitigation as the project develops. 8. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto U.S. 93. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT. 9. The Parks and Recreation Director shall approve the landscape plan for the placement of trees and landscaping materials and irrigation within the landscape boulevards of the streets and all open space areas of the development. 10. The developer shall work with Eagle Transit to establish bus stop location(s) within the Eagle Valley Ranch PUD. The approved bus stop location(s) shall be included on a revised PUD plan and submitted with the preliminary plat of phase 12. Bus stop location(s) shall be improved in accordance with Eagle Transit's requirements, which may include a bus shelter. This condition is waived if Eagle Transit provides a letter in writing that it will not serve the development. 11. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 12. That a minimum of two-thirds of the necessary public infrastructure for any subsequent subdivision shall be completed prior to final plat submittal. 13. The developer shall provide the Parks and Recreation Department with a park improvement plan prior to Phase 1 for the development which shall include provisions for the following: a. A minimum 10-feet wide pedestrian trail shall be constructed along the entire U.S. 93 frontage within the 100-foot buffer. The trail shall be integrally designed into the landscape plan required between the highway and the 100-foot buffer. The pathway shall be as linear as possible and shall not have any bollards obstructing movement. b. All locations where park access is shown to the 14.7-acre open space area shall include path connections to the city right-of-way. c. Location and type of playground equipment, or equivalent recreational facility to be used by residents of the development. 14. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 15. Architectural elements of commercial buildings shall be incorporated into the back of the buildings when the back of the building is visually accessible to U.S. Highway 93. Walls and surface planes should be broken up in such a manner as to create a visual interest, avoiding monotony. All roof mounted equipment, i.e. HVAC, should be shielded from all views. 16. The predominate tone on commercial buildings should lend toward warm earthy hues, whether in the natural patina or weathered color of the wall surface itself or the color of the paint stain or other coating. The color of concrete products on building frontages should not be achieved from painting the surface. The use of materials such as wood, brick or stone for trim material is encouraged. 17. Prior to obtaining a building permit for the assisted and independent living facility, the developer shall submit an amendment to the Eagle Valley Ranch PUD showing the location, size, elevations, landscaping and parking associated with the assisted and independent living facility. 18. Prior to subdivision of the project site a connection with Jefferson Boulevard to the south shall be made. 19. The developer shall provide the City of Kalispell with a 2-acre tract of land suitable for a water tank location within the development in accordance with the City of Kalispell water facility plan update. 20. Development of the multi -family site shall include parking areas adjacent the 50-foot buffer area in order to further buffer the armory and mitigate any future land use conflicts. 21. A homeowner's association (HOA) shall be formed and established for the development prior to final plat of the first phase. 22. The alleyways within the development shall be designated as "private" at time of final plat. 23. Subdivision and building signage for the development shall comply with Chapter 27.22 of the Kalispell Zoning Ordinance. 24. Prior to the time that Eagle Valley Ranch reaches phases 7-10 at the north end of the PUD, the developer may submit a PUD amendment proposing a cottage neighborhood design that provides a more creative neighborhood setting that will better blend in with the surrounding area. This plan could include but not be limited to more internal open space and pedestrian linkages with possible smaller lot footprints; the density may be equal to or greater than the proposed density of phases 7-10 on the PUD plan dated June 6, 2018; but shall be within the densities described in the Kalispell Growth Policy suburban residential land use category. 25. Prior to Preliminary Plat, if the Ponderosa Homeowners Association provides an access point that would connect Eagle Valley Ranch with Ponderosa Lane, the developer shall reciprocate and provide an access point connecting the two developments together. SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 15TH DAY OF OCTOBER, 2018. Mark Jo so Mayor ATTEST: r� • Ai ee Brunckhorst, CMC City Clerk SEAL NA \C R ��i�,� 1892 — 1892 llilll!