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H1. Ord 1836 - Zoning - Stillwater BendPlanning Department 201 1" Avenue East Kalispell, MT 59901 Cl-ry Phone: (406) 758-7940 Fax: (406) 758-7739 KALISPELL www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Planning, Building and Community Development Director SUBJECT: Ordinance 1836 Second Reading — Stillwater Bend PUD MEETING DATE: February 18, 2020 BACKGROUND: This is the second reading of Ordinance 1836, an ordinance to amend the Kalispell Zoning Map, and establish a zoning classification of B-2 with a Commercial Planned Unit Development (PUD) zoning overlay on 25-acres of land. The property is undeveloped tract land located at 2890 Highway 93 North. The Kalispell City Council, at their meeting on February 3, 2020, approved the first reading of Ordinance 1836, 8 in favor and 1 opposed. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1836, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, and Ordinance No. 1790, which previously applied zoning to the subject property, by zoning certain real property described as 25-acres of unimproved land, more particularly described on Exhibit "A" to B-2 (General Business) with a commercial PUD Zoning Overlay with 36 conditions, in accordance with the Kalispell Growth Policy Plan- It 2035 and provide an effective date. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1836 Link to materials from 02-03-20 Council Meeting c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1836 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), AND ORDINANCE NO. 1790, WHICH PREVIOUSLY APPLIED ZONING TO THE SUBJECT PROPERTY, BY ZONING CERTAIN REAL PROPERTY CURRENTLY ZONED CITY B-2 (GENERAL BUSINESS) WITH A PLANNED UNIT DEVELOPMENT OVERLAY AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, council had previously approved Ordinance 1790 in June, 2017, by which Spartan Holdings, LLC petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-2, General Business, on approximately 19 acres of land, and RA-2, Residential Apartment/Office, on approximately 37 acres of land and that a Planned Unit Development overlay be attached to that real property; and WHEREAS, Spartan Holdings is now requesting the B-2, General Business, Planned Unit Development overlay be amended by increasing the B-2 zone from 19 to 25 acres; and WHEREAS, the property is located on the west side of Highway 93 North at the intersection of Rose Crossing and Highway 93 North; and WHEREAS, the petition of Spartan Holdings, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-19-01, in which the Kalispell Planning Department evaluated the petition and recommended that a Planned Unit Development overlay be attached to the property as described above, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 14, 2020 and recommended that a Planned Unit Development overlay be attached to the requested City B-2 zoning, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned Unit Development overlay to the described B-2 zoning, 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. #KPUD-19-01. 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 designating the property described above as B-2, General Business, on approximately 25 acres of land, with a Planned Unit Development overlay with the conditions previously set forth in Ordinance No. 1790 amended as set forth in Section 2, below. 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: The Planned Unit Development for Stillwater Bend allows the following deviations from the Zoning Regulations: a) Kalispell Zoning Ordinance, Section 27.20.029(3) — Allows a reduction of the entrance corridor highway buffer from 100-feet to 50-feet. 2. The Planned Unit Development for Stillwater Bend allows the following deviations from the Kalispell Subdivision Regulations: a. Kalispell Subdivision Regulations, Section 28.3.07(B)(1) — Allows a reduction in Stillwater River setback from 200-feet to the setback line determined by the geotechnical report, provided the setback cannot be less than 100-feet. 3. A 100-foot Stillwater River setback shall be restored with native riparian habitat. A landscape plan shall be submitted by a specialist (landscape architect, engineer, hydrologist, botanist, scientist, etc.) with experience in riparian area restoration. The landscape plan shall be approved by the Parks and Recreation Director in addition to any other applicable governmental agencies prior to final plat. 4. As part of the engineering review process, the City of Kalispell shall have the option to submit the geotechnical analysis to a third party for review. 5. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. Building design shall be provided as listed below: a. Four-sided architecture is required for all structures and buildings. Large, rectangular masses should be avoided by incorporating offsets in the wall and roof. A change in the plane of the walls, changing the direction or providing some variety in the roof form gives diversity and visual interest. b. Entries should be a prominent component of the building face by providing an architectural covered or recessed entry with modified roof accent and increased usage of windows and trim. c. Franchise architecture maybe subject to modification to achieve the building style obj ectives. d. The design of gas pump islands shall be architecturally integrated with other structures on -site using similar colors, materials and architectural detailing. e. All roof mounted equipment, i.e. HVAC, should be shielded from all views. 6. Free standing signage within the common area adjacent to the highway shall be limited to one monument sign as defined in Section 27.20.29(1)(b). The sign shall be limited to 22-feet in height and 90 square feet per face. The sign shall also function as a common monument sign for the development. 7. Lots within the development shall be limited to the sign standards applicable to the B-2 Zone, except for Lots adjacent to the common area, currently shown as Lots 1, 5, 9, 12, 14, and 15. Free standing signage on those lots shall be limited to 6-feet in height and 36 square feet per face and located to the west of the building constructed on the lots. 8. Buildings on Lots 1, 5, 9, 12, 14, and 15 shall be limited to 45-feet in height. 9. The storm water pond shall be designed in a way that it becomes a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture is prohibited. The developer shall work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the pond will act as a recreational feature and extension of the Stillwater River buffer, rather than a private maintenance utility facility. 10. An 8-foot impervious path shall be constructed within the common area connecting the unnamed north/south City street to Phase 2 to the west. 11. 5-foot sidewalks shall be constructed within the private drives accessing Lots 1-8. 12. Direct access onto Rose Crossing shall be prohibited. 13. 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. 14. The preliminary plat approval shall be valid for a period of three years from the date of approval. 15. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 16. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 17. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 18. Water mains shall not terminate in dead ends. 19. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. 20. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 21. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto U.S. 93 North. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. 22. Prior to final plat all mitigation required as part of the approved traffic impact study shall be completed. All improvements shall be reviewed and approved by either the Public Works Department or Montana Department of Transportation. A letter from the Kalispell Public Works Department or Montana Department of Transportation shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or State of Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. 23. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 24. 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 j oint 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 25. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 26. A property owners' association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas. 27. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 28. 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, common area, and highway buffer. 29. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 30. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 31. All utilities shall be installed underground. 32. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 33. A 310 permit shall be obtained from the Montana Department of Natural Resources and Conservation — Conservation District Bureau, for any disturbances/and or improvements adjacent the Stillwater River. 34. An approval from the Army Corps of Engineers shall be obtained for work adjacent the Stillwater River. 35. The developer shall work with Eagle Transit to establish bus stop location(s) within the development. 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. 36. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 3RD DAY OF FEBRUARY, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT A That portion of the northeast quarter of the northeast quarter of Section 25, Township 29 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and being more particularly described as follows: Beginning at the intersection of the west boundary of U.S. Highway No. 93, and the north boundary of Section 25, Township 29 North, Range 22 West; Thence on and along said west boundary of said U.S. Highway No. 93 the following three courses: S00°23'00"W, a distance of 820.1 feet; S13°24'42"E, a distance of 41.2 feet; S00°23'15"W, a distance of 468.4 feet to the south boundary of the northeast quarter of the northeast quarter of said Section 25; Thence along said south boundary, S89°54'41"W, a distance of 336.9 feet, more or less, to the centerline of the Stillwater River; Thence along said centerline the following three courses: N05°42'40"W, a distance of 34.5 feet; N28°29'43"W, a distance of 168.1 feet; N60°23'12"W, a distance of 654.6 feet; Thence N14°57'54"W, a distance of 167.7 feet, more or less; Thence N00°02'06"W, a distance of 260.0 feet; Thence N89°59'53"W, a distance of 15.0 feet, Thence N00°02'06"W, a distance of 400.0 feet to the north boundary of said Section 25; Thence along said north boundary, N89°57'54"E, a distance of 960.8 feet to the Point of Beginning.