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H3. Ord. 1862, Res. 6034, Mountain View PUD and Prel. PlatCITY OF 11 KALISPELL Development Services Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisi)ell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KPUD-21-01 — Mountain View Planned Unit Development MEETING DATE: August 2, 2021 BACKGROUND: Bison Hill, LLC has submitted an application for the Mountain View Planned Unit Development ("PUD"), which is a Residential PUD overlay on approximately 139 acres of land abutting the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major preliminary plat approval for Phase 1 of the development. The property was previously annexed with a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16 cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family lots and 89 townhome lots), streets and open space. The property is located at 964 Foys Lake Road to the west of the Highway 93 Bypass. The property can be described as Tract 9 of Certificate of Survey No. 19234 located in the South Half of the Northeast quarter, North Half of the Southeast quarter, North Half of the Southwest quarter, and in the East Half of the Northwest quarter of Section 13, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on June 8, 2021, to consider the request. Staff presented staff report KPUD-21-01 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Council that the request be granted subject to 49 listed conditions. Two public comments were received at the public hearing and one written public comment in addition to comments from the applicant. One comment supported the proposal and another was concerned with access, and the written comment generally was concerned with too much density. The public hearing was closed, and a motion was presented to adopt staff report KPUD-21-01 as findings of fact and recommend to the Kalispell City Council that the Planned Unit Development be approved subject to the 49 conditions. After lengthy discussion, a motion to table the matter passed so the applicant could further refine application materials regarding water, sewer, and traffic. At the Planning Board's subsequent meeting on July 13, 2021, the request was taken off the table. Four additional public comments were submitted related to drainage and access at the July 13 meeting. Further board discussion concluded that the request was appropriate, and the main motion was approved on a unanimous vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1862, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by applying a Residential PUD Zoning Overlay subject to 49 conditions on approximately 139 acres of certain real property currently zoned R-3 (Residential) with a PUD placeholder, and which can be described as Tract 9 of Certificate of Survey No. 19234 located in the South Half of the Northeast quarter, North Half of the Southeast quarter, North Half of the Southwest quarter, and in the East Half of the Northwest quarter of Section 13, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana, in accordance with the Kalispell Growth Policy Plan- It 2035 and provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Memo for Preliminary Plat Ordinance 1862 Resolution 6034 June 8, 2021, and July 13, 2021, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Public Comment c: Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL Development Services Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KPP-21-02 — Mountain View Phase 1 Preliminary Plat MEETING DATE: August 2, 2021 BACKGROUND: Bison Hill, LLC has submitted an application for the Mountain View Planned Unit Development ("PUD"), which is a Residential PUD overlay on approximately 139 acres of land abutting the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major preliminary plat approval for Phase 1 of the development. The property was previously annexed with a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16 cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family lots and 89 townhome lots), streets and open space. The property is located at 964 Foys Lake Road to the west of the Highway 93 Bypass. The property can be described as Tract 9 of Certificate of Survey No. 19234 located in the South Half of the Northeast quarter, North Half of the Southeast quarter, North Half of the Southwest quarter, and in the East Half of the Northwest quarter of Section 13, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on June 8, 2021, to consider the request. Staff presented staff report KPP-21-02 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Council that the request be granted subject to 49 listed conditions. Two public comments were received at the public hearing and one written public comment in addition to comments from the applicant. One comment supported the proposal and another was concerned with access, and the written comment generally was concerned with too much density. The public hearing was closed and a motion was presented to adopt staff report KPP-21-02 as findings of fact and recommend to the Kalispell City Council that the Preliminary Plat be approved subject to the 49 conditions. After lengthy discussion, a motion to table the matter passed so the applicant could further refine application materials regarding water, sewer and traffic. At the Planning Board's subsequent meeting on July 13, 2021, the request was taken off the table. Four additional public comments were submitted related to drainage and access at the July 13 meeting. Further board discussion concluded that the request was appropriate, and the main motion was approved on a unanimous vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 6034, a resolution approving a request from Bison Hill, LLC for approval of the preliminary plat for Mountain View Phase 1 (KPP-21-02), a major subdivision preliminary plat consisting of approximately 139 acres with 49 conditions of approval, located at 964 Foys Lake Road. The property can be described as Tract 9 of Certificate of Survey No. 19234 located in the South Half of the Northeast quarter, North Half of the Southeast quarter, North Half of the Southwest quarter, and in the East Half of the Northwest quarter of Section 13, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1862 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A RESIDENTIAL PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO BE KNOWN AS MOUNTAIN VIEW PLANNED UNIT DEVELOPMENT, OVER CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 9 OF COS 19234 LOCATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER, NORTH HALF OF THE SOUTHEAST QUARTER, NORTH HALF OF THE SOUTHWEST QUARTER AND IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Bison Hill, LLC, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-3 with a Planned Unit Development overlay to be known as Mountain View PUD, on approximately 139 acres of land; and WHEREAS, the property is currently zoned R-3, Residential, with a PUD Placeholder and is located at 964 Foys Lake Road to the west of the Highway 93 Bypass; and WHEREAS, the petition of Bison Hill, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-21-01, in which the Kalispell Planning Department evaluated the petition and recommended that a Planned Unit Development overlay be attached to the above described tract of land pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, the Kalispell City Planning Board held Public Hearings on the matter on June 8, 2021 and July 13, 2021, and recommended that a Planned Unit Development overlay be attached to approximately 139 acres of land, pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned Unit Development overlay to the property, the City Council finds such zoning to be consistent with the Kalispell Growth Policy — Plan It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KPUD-21-01. 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 attaching the property described above with a Planned Unit Development overlay. SECTION 2. The Planned Unit Development overlay proposed by Bison Hill, LLC upon the real property described above is hereby approved subject to the following conditions: The Planned Unit Development for Mountain View allows the following deviations from the Zoning Regulations: (1) Minimum lot size: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The deviation reduces minimum lot area to 3500 square feet for the attached townhome and cottage lots as a minimum lot area. (2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The lot width applies to sublots as well. The deviation allows 35 foot minimum widths for alley loaded detached cottage homes. Sublots with a minimum lot width of 30 feet are allowed provided they are in substantial compliance with the proposed plat, PUD plan, and other conditions of the PUD. 2. The Planned Unit Development for Mountain View allows the following deviations from the Kalispell Subdivision Regulations: (1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not more than 600 feet. This deviation allows blocks in excess of 600 feet as well as less than 250 feet in the area of the cottage lots. (2) Driveway access to collector road: Sec 28.3.14(G) and (J) — Individual driveways are prohibited on collector streets per Sec 28.3.14(G) except in infill situations, with access to be from an alley with the front of the house facing the collector. This deviation would provide that, where alleys are not feasible, that driveway access to the street would be allowed if the block is posted as "no parking." Additionally, any townhouse/sublot accessing a collector street would be required to have a minimum lot width of 40 feet. (3) Cottage Alleys as an alternative street section: The cottage lots would include two "cottage alleys" which would be a cross section 40 feet wide. The street section would be allowed provided that they are maintained as a private street. A note to that effect shall be placed on the final plat. (4) Alleys with townhouse development: Sec. 28.3.15 — Alleys are required for townhouse development creating a street frontage density of 40 feet/unit or smaller on average for any block. They are also required whenever lots are adjacent to a collector street. The proposed layout for Phase 1 is appropriate provided that (a) shared driveways are used whenever feasible; and (b) the townhouses along Foys Lake Road are reviewed and approved by the City of Kalispell Architectural Review Committee. Future phases should be reviewed separately with each preliminary plat as part of the subdivision review to determine if any deviation is appropriate. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD becomes effective. 4. 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. 5. 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. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 8. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 9. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake Road shall be in substantial compliance with the representation submitted. In order to ensure that the final design of the frontage and townhomes along Foys Lake Road as well as along the bypass meet these requirements, the landscaping, fencing and townhome plans for sublots along the south side of the internal road paralleling Foys Lake Road shall be submitted to the Planning Department and the City of Kalispell Architectural Review Committee for review and approval. 10. The preliminary plat approval shall be valid for a period of three years from the date of approval. 11. 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. An offsite downstream analysis for any drainage flowing south across Foys Lake Road shall be completed, including a no - rise determination if offsite volumes increase above historic volumes. 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. 12. 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. 13. 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. 14. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 15. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 16. 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. 17. Per the extension of services plan and the standards for design and construction, a water main shall be extended within Foys Lake Road to the western end of the development. The extension shall extend from the existing main to the western end of a given phase, ultimately extending to the western property line. 18. Any crossing of Ashley Creek will require the appropriate permitting relating to working in or near the creek, and could involve local, state, and federal jurisdictions and permitting. 19. The design of the water system shall address the water pressure issues related to servicing the development. 20. Per the extension of services plan and the standards for design and construction, a sewer main shall be extended within Foys Lake Road to the western end of the development. The extension shall extend from the existing main to the western end of a given phase, ultimately extending to the western property line. 21. 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. 22. Internally, the streets shall be constructed as local streets under the City of Kalispell Standards for Design and Construction, with the exception of the cottage alleys and the collector street running from the west entrance through the center of the project, then west to the north property line to provide an eventual connection to Highway 2. 23. The plat shall be amended to increase the sublot size and, if necessary, reduce lots on the collector street to provide at least 40-foot wide sublots for any sublot accessing the collector. 24. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for Design and Construction and the subdivision regulations to a full width minor arterial. Any right-of-way necessary to provide the right-of-way width shall be dedicated to the City. Phase IA of the subdivision shall improve Foys Lake Road from the Highway 93 Bypass to the westerly extent of the phase. Any subsequent phase of development shall improve the remaining portion of Foys Lake Road to the westerly extent of the given phase as shown on the preliminary plat provided by this application. Improvements shall include an 8' concrete sidewalk, streetlights, and other applicable improvements on the development side of the roadway. 25. The eastern end of Phase 1 shall include a temporary turnaround to be reviewed and approved by the Fire Department in order to provide sufficient fire access under the fire code. 26. The bike path/pedestrian plans shall be amended to provide the appropriate connectivity and to provide for pedestrian/bike traffic within the adjoining Foys Lake Road right-of- way and extending to the western property line of the development as well as connecting to the existing bike path at the northeast corner of the development. 27. The Traffic Impact study shall be amended pursuant to comments from Public Works detailed within this report. Prior to final plat, all mitigation recommended as part of the approved amended traffic impact study relative to the given phase shall be completed. All improvements shall be reviewed and approved by the Public Works Department and the Montana Department of Transportation, if applicable. The timing of the improvements will be determined by the recommendations contained in the approved amended TIS. 28. The road extending to Highway 2 is included within the Transportation Plan and the amended TIS may show that the connection is necessary from a transportation perspective. If recommended by the updated TIS, the road shall be installed connecting to Highway 2. If the full connection is not recommended, the developer will need to provide for a future connection by extending the internal road to the north property line. The road shall be fully developed to city standards as a collector in accordance with the Standards for Design and Construction in conjunction with Phase 3 to the appropriate northern terminus unless the approved amended TIS recommends different timing of the improvement. 29. The cottage alleys shall be owned and maintained as private streets, and a note to that effect shall be placed on the final plat. 30. The street intersection north of the western approach shall be designed such that the western street tees into the eastern/northern leg, opposite of what is shown in the PUD. 31. 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, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 32. 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. 33. The Geotech reports shall be updated to reflect comments from the Public Works and Building Departments. The updated report would be subject to review and approval by both departments. Any recommendations in the Geotech report shall be followed. 34. Geotech information for individual building sites may be required by the Building Department prior to issuing a building permit for any construction, including, but not limited to, primary structures, accessory structures, and decks, in order to ensure appropriate soils bearing pressure, placement of footings, slopes, and other building code requirements pursuant to the IRC or other applicable code. 35. A full final grading plan shall be submitted to Public Works and the Planning Department showing that slopes, building sites, and driveways are in compliance with Sections 28.3.03, 28.3.11(D), and 28.3.11(F) of the subdivision regulations. 36. A noise study and detailed mitigation plans for highway sound mitigation showing compliance with Section 28.3.09 of the subdivision regulations shall be submitted for review and approval by the city prior to construction. Any fencing or walls shall be reviewed by the city Architectural Review Committee pursuant to the PUD approval. 37. 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 38. 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. 39. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas, including, but not necessarily limited to, roads, parks and open space. Maintenance of private roads shall include both short term and long term maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks, street repairs, overlays, and rebuilds of the street. 40. 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. 41. 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 adjoining rights -of -way. The approved landscape plan shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 42. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase IA, and the plan shall show that the parkland dedication requirement is met for each phase. 43. 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 assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 44. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 45. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a Special Improvement District ("SID") for roadway improvements in adjacent areas. On the face of the final plat, there shall be a note stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." 46. Prior to final plat, the description of the lots on the plat shall be amended to eliminate the reference to duplex lots and to reference them as townhouse lots. 47. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 48. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 49. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 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 DAY OF , 2021. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk RESOLUTION NO. 6034 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF MOUNTAIN VIEW PHASE 1, DESCRIBED AS TRACT 9 OF COS 19234 LOCATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER, NORTH HALF OF THE SOUTHEAST QUARTER, NORTH HALF OF THE SOUTHWEST QUARTER AND IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Bison Hill, LLC, the owner of the certain real property described above, has petitioned for approval of Phase 1 of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held public hearings on June 8, 2021 and July 13, 2021 on the proposal and reviewed Subdivision Report #KPP-21-02 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Phase 1 of Mountain View, subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of August 2, 2021, reviewed the Kalispell Planning Department Report #KPP-21-02, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-21-02 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Bison Hill, LLC for approval of the Preliminary Plat of Phase 1 of Mountain View, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: The Planned Unit Development for Mountain View allows the following deviations from the Zoning Regulations: (1) Minimum lot size: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The deviation reduces minimum lot area to 3500 square feet for the attached townhome and cottage lots as a minimum lot area. (2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The lot width applies to sublots as well. The deviation allows 35 foot minimum widths for alley loaded detached cottage homes. Sublots with a minimum lot width of 30 feet are allowed provided they are in substantial compliance with the proposed plat, PUD plan, and other conditions of the PUD. 2. The Planned Unit Development for Mountain View allows the following deviations from the Kalispell Subdivision Regulations: (1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not more than 600 feet. This deviation allows blocks in excess of 600 feet as well as less than 250 feet in the area of the cottage lots. (2) Driveway access to collector road: Sec 28.3.14(G) and (J) — Individual driveways are prohibited on collector streets per Sec 28.3.14(G) except in infill situations, with access to be from an alley with the front of the house facing the collector. This deviation would provide that, where alleys are not feasible, that driveway access to the street would be allowed if the block is posted as "no parking." Additionally, any townhouse/sublot accessing a collector street would be required to have a minimum lot width of 40 feet. (3) Cottage Alleys as an alternative street section: The cottage lots would include two "cottage alleys" which would be a cross section 40 feet wide. The street section would be allowed provided that they are maintained as a private street. A note to that effect shall be placed on the final plat. (4) Alleys with townhouse development: Sec. 28.3.15 — Alleys are required for townhouse development creating a street frontage density of 40 feet/unit or smaller on average for any block. They are also required whenever lots are adjacent to a collector street. The proposed layout for Phase 1 is appropriate provided that (a) shared driveways are used whenever feasible; and (b) the townhouses along Foys Lake Road are reviewed and approved by the City of Kalispell Architectural Review Committee. Future phases should be reviewed separately with each preliminary plat as part of the subdivision review to determine if any deviation is appropriate. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD becomes effective. 4. 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. 5. 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. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 8. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 9. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake Road shall be in substantial compliance with the representation submitted. In order to ensure that the final design of the frontage and townhomes along Foys Lake Road as well as along the bypass meet these requirements, the landscaping, fencing and townhome plans for sublots along the south side of the internal road paralleling Foys Lake Road shall be submitted to the Planning Department and the City of Kalispell Architectural Review Committee for review and approval. 10. The preliminary plat approval shall be valid for a period of three years from the date of approval. 11. 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. An offsite downstream analysis for any drainage flowing south across Foys Lake Road shall be completed, including a no -rise determination if offsite volumes increase above historic volumes. 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. 12. 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. 13. 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. 14. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 15. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 16. 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. 17. Per the extension of services plan and the standards for design and construction, a water main shall be extended within Foys Lake Road to the western end of the development. The extension shall extend from the existing main to the western end of a given phase, ultimately extending to the western property line. 18. Any crossing of Ashley Creek will require the appropriate permitting relating to working in or near the creek, and could involve local, state, and federal jurisdictions and permitting. 19. The design of the water system shall address the water pressure issues related to servicing the development. 20. Per the extension of services plan and the standards for design and construction, a sewer main shall be extended within Foys Lake Road to the western end of the development. The extension shall extend from the existing main to the western end of a given phase, ultimately extending to the western property line. 21. 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. 22. Internally, the streets shall be constructed as local streets under the City of Kalispell Standards for Design and Construction, with the exception of the cottage alleys and the collector street running from the west entrance through the center of the project, then west to the north property line to provide an eventual connection to Highway 2. 23. The plat shall be amended to increase the sublot size and, if necessary, reduce lots on the collector street to provide at least 40-foot wide sublots for any sublot accessing the collector. 24. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for Design and Construction and the subdivision regulations to a full width minor arterial. Any right-of- way necessary to provide the right-of-way width shall be dedicated to the City. Phase I of the subdivision shall improve Foys Lake Road from the Highway 93 Bypass to the westerly extent of the phase. Any subsequent phase of development shall improve the remaining portion of Foys Lake Road to the westerly extent of the given phase as shown on the preliminary plat provided by this application. Improvements shall include an 8' concrete sidewalk, streetlights, and other applicable improvements on the development side of the roadway. 25. The eastern end of Phase 1 shall include a temporary turnaround to be reviewed and approved by the Fire Department in order to provide sufficient fire access under the fire code. 26. The bike path/pedestrian plans shall be amended to provide the appropriate connectivity and to provide for pedestrian/bike traffic within the adjoining Foys Lake Road right-of-way and extending to the western property line of the development as well as connecting to the existing bike path at the northeast corner of the development. 27. The Traffic Impact study shall be amended pursuant to comments from Public Works detailed within this report. Prior to final plat, all mitigation recommended as part of the approved amended traffic impact study relative to the given phase shall be completed. All improvements shall be reviewed and approved by the Public Works Department and the Montana Department of Transportation, if applicable. The timing of the improvements will be determined by the recommendations contained in the approved amended TIS. 28. The road extending to Highway 2 is included within the Transportation Plan and the amended TIS may show that the connection is necessary from a transportation perspective. If recommended by the updated TIS, the road shall be installed connecting to Highway 2. If the full connection is not recommended, the developer will need to provide for a future connection by extending the internal road to the north property line. The road shall be fully developed to city standards as a collector in accordance with the Standards for Design and Construction in conjunction with Phase 3 to the appropriate northern terminus unless the approved amended TIS recommends different timing of the improvement. 29. The cottage alleys shall be owned and maintained as private streets, and a note to that effect shall be placed on the final plat. 30. The street intersection north of the western approach shall be designed such that the western street tees into the eastern/northern leg, opposite of what is shown in the PUD. 31. 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, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 32. 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. 33. The Geotech reports shall be updated to reflect comments from the Public Works and Building Departments. The updated report would be subject to review and approval by both departments. Any recommendations in the Geotech report shall be followed. 34. Geotech information for individual building sites may be required by the Building Department prior to issuing a building permit for any construction, including, but not limited to, primary structures, accessory structures, and decks, in order to ensure appropriate soils bearing pressure, placement of footings, slopes, and other building code requirements pursuant to the IRC or other applicable code. 35. A full final grading plan shall be submitted to Public Works and the Planning Department showing that slopes, building sites, and driveways are in compliance with Sections 28.3.03, 28.3.11(D), and 28.3.11(F) of the subdivision regulations. 36. A noise study and detailed mitigation plans for highway sound mitigation showing compliance with Section 28.3.09 of the subdivision regulations shall be submitted for review and approval by the city prior to construction. Any fencing or walls shall be reviewed by the city Architectural Review Committee pursuant to the PUD approval. 37. 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 38. 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. 39. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas, including, but not necessarily limited to, roads, parks and open space. Maintenance of private roads shall include both short term and long term maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks, street repairs, overlays, and rebuilds of the street. 40. 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. 41. 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 adjoining rights -of -way. The approved landscape plan shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 42. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase IA, and the plan shall show that the parkland dedication requirement is met for each phase. 43. 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 assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 44. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 45. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a Special Improvement District (" SID") for roadway improvements in adjacent areas. On the face of the final plat, there shall be a note stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." 46. Prior to final plat, the description of the lots on the plat shall be amended to eliminate the reference to duplex lots and to reference them as townhouse lots. 47. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 48. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 49. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 3. 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 2ND DAY OF AUGUST, 2021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JUNE 8, 2021 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Doug Kauffman (acting President), Rory Young, Joshua Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. Chad Graham was absent. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Giavasis moved and Skees seconded a motion to approve the minutes of the April 13, 2021, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KA-21-02 — PONDEROSA VET A request from Katherine Gates (Mission Impawsible, LLC) for ANNEXATION annexation and initial zoning of B-1 (Neighborhood Business) for property located at 100 Ponderosa Lane (Ponderosa Veterinary Hospital), containing approximately 1.48 acres. The request is based on a desire to connect to city sanitary sewer service. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report 4KA-21-02. Staff recommends that the Kalispell Planning Board adopt staff report #KA-21-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-1 (Neighborhood Business). BOARD DISCUSSION None PUBLIC HEARING None MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report 4KA-21-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-1 (Neighborhood Business). BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. KCU-21-03 — THE RITZ BAR & File 4KCU-21-03 — A request from Tristelle Vu (The Ritz Bar & Salon) SALON CUP for a conditional use permit to allow an accessory casino within the B-4 (Central Business) zone. The property contains an existing bar and will be adding a nail salon in addition to the proposed accessory casino space. The property is located at 110 & 116 Main Street. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page I 1 STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report 4KCU-21-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Giavasis asked if the CUP would be tied to the property or just the business. Sorenson explained that any kind of zoning entitlements run with the land as long as what they are doing is consistent with what was approved. Vomfell and Young asked about facade improvements and signage requirements. Sorenson advised both will be required to go through the architectural review process. PUBLIC HEARING Michael Lawlor — PO Box 728, Missoula — attorney for applicant, offered to answer questions about how the liquor license ties in with the accessory casino. Tim Guenzler — 300 Lee Rd. — Owner of Progressive Gaming, is working with the applicants to set up gaming machines. Offered to answer questions. Melissa Quast — 1520 Us Hwy 2 West — concerned with layout of the business and the machines being in the front of the building and operating hours. Dia Sullivan — PO Box 233, Whitefish — architect for the applicant, explained that the layout they designed works best with the existing layout. Darcy Lard — 500 Main St — downtown business owner — is in favor of the bar and salon. Derek Price — 459 Mountain Vista Way — patron of applicants existing business, Nailtopia, and is in favor of the bar and salon. MOTION Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Givasis is opposed to the CUP being tied to the property and has concerns with the 20% square footage requirement. Vomfell does not feel we need another casino in the city, and it is unfortunate that a liquor license must be tied to gaming to afford it. Young and Borgardt feel it is an appropriate use. Nygren noted that it's a good thing that the liquor license will be staying in the downtown area. ROLL CALL Motion passed 4-2 on a roll call vote. Vomfell and Giavasis are opposed to the conditional use permit. BOARD MEMBER SEATED Kauffman recused himself and asked Young to chair because he is a representative for Layne Massie (Edge, LLC). KCU-21-04 — EDGE A request from Layne Massie (Edge, LLC) for a conditional use permit APARTMENTS CUP to allow a multi -family residential development for property located at Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page12 2015 & 2105 Third Avenue East, containing approximately 2.04 acres. The development (Third Avenue East Apartments) would include 48 residential units, parking, and recreational amenities. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report 4KCU-21-04 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Vomfell asked about Condition # 16 and the why the number of units may need to be reduced. Sorenson advised that since the B-2 zone does not have density limits changes may need to be made based on design requirements like parking, trash enclosures, storm drainage, etc. PUBLIC HEARING Carol Thill — 2141 3rd Ave E — Owner of Lucky Dog Day Camp to the south of the subject property. She has concerns with how close the apartments will be to her business and that it may cause problems, barking, smell, etc. with tenants in the future if there is not enough buffer. MOTION Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 04 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed concerns with south property line regarding dog day camp and agreed that the property owner will be responsible and do what they need to do to mitigate future issues. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Kauffman re -seated and took over as chair. KCU-21-05 — J&S AUTOMOTIVE A request from Jason Sharp for a conditional use permit to allow an auto REPAIR CUP repair business within the B-3 (Core Area Business) zone. The property contains an existing building that was previously used for fleet vehicle maintenance and equipment storage for an internet service company. The property is located at 710 West Montana Street. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-05. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report 4KCU-21-05 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed proposed screening, how the required sidewalk would fit and asked for clarification from staff as to why they are requiring the sidewalk if the use prior to this requested use was the same. Staff advised because of the zone change from B-5 to B-3 there are design guidelines now whereas the previous tenant was grandfathered in. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 13 PUBLIC HEARING Butch Clark — 500 Siblerud Lane — owner of property — is concerned with the required sidewalk because of cost and losing some existing trees. Jason Sharp — 480 Tronstad Rd — applicant requesting CUP — spoke to type of repair business he runs and that it's a small slower paced type of repair shop. MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report 4KCU-21- 05 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed good use for structure but expressed concerns with disproportionate costs of the sidewalk and requiring the applicant to have power poles moved. ROLL CALL Motion passed unanimously on a roll call vote. KPP-21-03 — WESTVIEW File 4KPP-21-03 — A request from Owl Corporation for major ESTATES PHASES 6 & 7 preliminary plat approval for Westview Estates Phases 6 and 7. The PRELIMINARY PLAT property is located within an R-3 (Residential) zoning district, with a total of 34 single-family lots on approximately 15.98 acres of land including the lots, streets, a park area, and other common area. The property is located to the east of Stillwater Road and to the north of Westview Estates Phase 2. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KPP-21-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-21-03 and recommend to the Kalispell City Council that the preliminary plat for Westview Estates Phases 6 & 7 be approved subject to the condition listed in the staff report. BOARD DISCUSSION Board discussed number of accesses from new phases and approval from fire department as well as how the block length is calculated in relation to cul-de-sac. PUBLIC HEARING Eric Mulcahy — 2 Village Loop — representative for applicant — noted they are happy with the conditions of the staff report and offered to answer any questions. Kit Clark — 147 Taelor Rd — concerned with additional traffic, was hoping for an additional access on Stillwater Rd. Valerie Mitchell — 187 Taelor Rd — concerned with additional traffic. Mark Eney — 191 Taelor Rd — concerned with additional traffic. MOTION Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-21-03 and recommend to the Kalispell City Council that the preliminary plat for Westview Estates Phases 6 & 7 be approved subject to the condition listed in the staff report. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page14 BOARD DISCUSSION Giavasis noted he is not a fan of the cul-de-sac and Borgardt asked about doing future phase road improvements now to alleviate traffic concerns. Staff noted that the traffic impact study did not indicate there would be too much additional traffic with the design as is. ROLL CALL Motion passed unanimously on a roll call vote. KPUD-21-01 & KPP-21-02 — Files 4KPUD-21-01 and KPP-21-02 — A request from Bison Hill, LLC MOUNTAIN VIEW PUD AND for the Mountain View Planned Unit Development ("PUD"), which is a PRELIMINARY PLAT Residential PUD overlay on approximately 139 acres of land abutting the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major preliminary plat approval for Phase 1 of the development. The property was previously annexed with a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16 cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family lots and 89 townhome lots), streets and open space. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Reports 4KPUD-21-01 & 4KPP-21-02. Sorenson noted that the applicant has some concerns with some of the conditions and would like to further discuss these conditions with staff and Public Works and therefore would like to have this tabled to a future meeting. He advised the board that we should proceed with discussion and public comment. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports 4KPUD-21-01 & 4KPP-21-02 and recommend to the Kalispell City Council that the PUD and the preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed west access, the traffic impact study and if it will trigger access to Hwy 2 and the water pressure issues that need to be addressed with Public Works. PUBLIC HEARING Mike Brodie — 431 lst Ave W — representative for applicant — confirmed that the applicant does wish to table for further discussion with staff and Public Works. Francis Flanigan — 849 Foys Lake Rd — agrees with the subdivision and likes the existing layout. Melissa Quast — 1520 US Hwy 2 West — concerned that only 2 accesses for 400 homes are not sufficient and how those accesses will be mitigated. She is also concerned with the number of deviations. MOTION — PUD & Vomfell moved and Borgardt seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt Staff Reports #KPUD- (ORGINAL) 21-01 and #KPP-21-02 and recommend to the Kalispell City Council that the PUD and preliminary plat for Mountain View be approved Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 15 subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed the fact that both applicant and staff have asked for a table to further discuss the project. They like the project but are concerned with there only being 2 accesses. MOTION — PRELIMINARY PLAT & PUD (TABLE) Vomfell moved to table and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission table Staff Reports 4KPUD-21-01 & KPP-21-02 to the July 13, 2021 meeting. ROLL CALL Motion tabled unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the Kalispell Parkline. NEW BUSINESS Nygren updated the board on the July 13, 2021 planning board meeting. ADJOURNMENT The meeting adjourned at approximately 9:05pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 16 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JULY 13, 2021 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Rory Young, Joshua Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Vomfell moved and Skees seconded a motion to approve the minutes of the June 8, 2021, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. ELECTION OF OFFICERS Graham asked if there were any nominations for President. Skees (PRESIDENT) nominated Graham and Young seconded the nomination. ROLL CALL Graham's election as President passed unanimously on a roll call vote. ELECTION OF OFFICERS Graham asked if there were any nominations for Vice -President. (VICE-PRESIDENT) Giavasis nominated Kauffman and Vomfell nominated Young. ROLL CALL Kauffman was elected as Vice -President on a 6-1 roll call vote. OLD BUSINESS Files 4KPUD-21-01 and KPP-21-02 — A request from Bison Hill, LLC KPUD-21-01 & KPP-21-02 for the Mountain View Planned Unit Development ("PUD"), which is a MOUNTAIN VIEW (TABLED ON Residential PUD overlay on approximately 139 acres of land abutting JUNE 8, 2021) the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major preliminary plat approval for Phase 1 of the development. The property was previously annexed with a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16 cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family lots and 89 townhome lots), streets and open space. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Reports 4KPUD-21-01 & 4KPP-21-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports 4KPUD-21-01 & 4KPP-21-02 and recommend to the Kalispell City Council that the PUD and the preliminary plat be approved subject to the conditions listed in the staff report. Kalispell City Planning Board Minutes of the meeting of July 13, 2021 Page I 1 MOTION (KPUD-21-01 & KPP-21- Kauffman moved and Skees seconded a motion that the Kalispell City 02) REMOVE FROM TABLE Planning Board and Zoning Commission remove staff reports 4KPUD- 21-01 and 4KPP-21-02 from the table. VOTE BY ACCLAMATION The motion passed on a vote of acclamation. PUBLIC COMMENT Julie Robinson — 955 Foys Lake Rd — concerned with water drainage onto her property. Geraldine Young — 985 Foys Lake Rd — concerned with water drainage onto her property. Melissa Quast — 1520 US Hwy 2 West — had questions about the final TIS report. Mike Brodie — 431 1st Ave W — WGM — representative for applicant, advised drainage will be addressed and offered to answer any questions. Felicity Williams — 963 Foys Lake Rd — concerned with water drainage onto her property. BOARD DISCUSSION Board discussed the retention pond and drainage with Haskins to clarify for the public how the approval process works for the storm drainage. Haskins noted that there is a condition in the staff report for a downstream no rise study to be done to verify that the downstream impacts are mitigated appropriately. Board also discussed the proposed accesses to and from the development. MOTION (KPUD-21-01 & KPP-21- Vomfell moved and Young seconded a motion that the Kalispell City 02) — AMENDED STAFF REPORT Planning Board and Zoning Commission adopt amended staff reports #KPUD-21-01 and 4KPP-21-02 and recommend to the Kalispell City Council that the PUD and preliminary plat for Mountain View be approved subject to the conditions listed in the staff reports. ROLL CALL Motion passed unanimously on a roll call vote. KPP-21-05 — MEADOWS EDGE File 4KPP-21-05 — A request from Meadows Edge, LLC for major PHASES 3 & 4 preliminary plat approval for Meadows Edge Phases 3 and 4. The property is located within an R-3 (Residential) zoning district with a Planned Unit Development overlay, with a total of 125 dwelling units (Phase 3 contains 31 single-family lots and Phase 4 contains 21 single- family lots and 73 townhome lots) on approximately 54.91 acres of land including the lots, streets, and common area. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KPP-21-05. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report 4KPP-21-05 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the conditions listed in the staff report. Kalispell City Planning Board Minutes of the meeting of July 13, 2021 Page12 BOARD DISCUSSION Board discussed the sewer connection to the west side interceptor and how that ties in with the Rockwood Ranch subdivision across Three Mile Drive. PUBLIC COMMENT None. MOTION Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report 4KPP-21-05 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the conditions listed in the staff report. ROLL CALL Motion passed unanimously on a roll call vote. KGPA-21-02 — MOVE 2040 KGPA-21-02 — A request from the City of Kalispell to amend the KALISPELL AREA Kalispell Growth Policy Plan -it 2035 by adopting the MOVE 2040 TRASNPORTATION PLAN Kalispell Area Transportation Plan. The Kalispell Growth Policy Plan -It 2035 identified updating the 2008 Kalispell Transportation Plan as a key project. Accordingly, the City of Kalispell and the Montana Department of Transportation initiated the planning process for an updated plan mid - September 2019. The MOVE 2040 Kalispell Area Transportation Plan will serve to update and replace the existing Kalispell Transportation Plan. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed 4KGPA-21-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt #KGPA-21-02 and recommend to the Kalispell City Council that the MOVE 2040 Kalispell Area Transportation Plan update be adopted as an amendment to the Kalispell Growth Policy Plan It- 2035. BOARD DISCUSSION Giavasis inquired about more mixed -use type of transportation, not just vehicular travel. Young responded he feels that is more of a general growth policy plan update, not necessarily an update for the transportation plan. PUBLIC COMMENT None. MOTION Young moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt 4KGPA-21-02 and recommend to the Kalispell City Council that the MOVE 2040 Kalispell Area Transportation Plan update be adopted as an amendment to the Kalispell Growth Policy Plan It-2035. BOARD DISCUSSION Board discussed how they liked the plan and it provides a lot of information. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS None. Kalispell City Planning Board Minutes of the meeting of July 13, 2021 Page 13 NEW BUSINESS Nygren updated the board on the August Planning Board meeting agenda. ADJOURNMENT The meeting adjourned at approximately 7:30pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of July 13, 2021 Page14 MOUNTAIN VIEW PUD (AMENDED STAFF REPORT) PLANNED UNIT DEVELOPMENT - STAFF REPORT #KPUD-21-01 MAJOR SUBDIVISION - STAFF REPORT #KPP-21-02 KALISPELL PLANNING DEPARTMENT JUNE 2, 2021 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Bison Hill, LLC for a Planned Unit Development (PUD) overlay, and major preliminary plat on approximately 139 acres. A public hearing has been scheduled before the Planning Board for June 8, 2021, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION Bison Hill, LLC has submitted an application for the Mountain View Planned Unit Development ("PUD"), which is a Residential PUD overlay on approximately 139 acres of land abutting the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major preliminary plat approval for Phase 1 of the development. The property was previously annexed with a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16 cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family lots and 89 townhome lots), streets and open space. A: Applicant: Bison Hill, LLC 970 W Broadway, #446 Ste E Jackson, WY 83002 B: Location: The property is located at 964 Foys Lake Road to the west of the Highway 93 Bypass. The property can be described as Tract 9 of Certificate of Survey No. 19234 located in the South Half of the NE'/4, North Half of the SE'/4, North Half of the SW '/4, and in the East Half of the NW 1/4 of Section 13, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. r 1 C: Existing Land Use and Zoning: The subject property is currently vacant, but has a history of both agricultural use for grazing and some industrial use related to the sawmill that was located to the north of the property. The current zoning for the property is R-3 (Residential), which is "intended to provide lot areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." The property has a PUD overlay which has expired, meaning that a PUD placeholder is currently in effect. A placeholder means that no development can occur without a new PUD for the property. Kalispell Zoning Exhibit -April 22nd, 2021 ART Assessor# 0662950 -i_;p L ' ` 44 ■- &2 VV ❑ d l 8R6 Sf W S } I 5L LSS V4 TfHSTw rl A. �R-3 c$ �TA ASHIti iJ S:,hjeat Property Neighb.rh-d Business Residential _ ResidmdaVPrufessional Office - Central Busness - Residential Apartrnerrc - Residential ApartrnenliOfTic - General Business - C—A— Rosiness Residendal fuIdm _ -= Ar -. {� I(alispeii Planning Dept =aF�1n:J=�•. C-i_i_�� KALISP{� � c 5cU 7.7eo FeH D. Size: The subject property is approximately 139 acres. E: Adjacent Zoning: North: County R-I and I-2 East: City R-3/R-4; County I-2 South: County R-1; City R-2/PUD West: County R-1 F: Adjacent Land Uses: North: Ashley Creek; Rails -to -Trails; Single-family; Undeveloped property; Light Industrial; East: Bypass; Single-family South: Single-family (city/county) West: Single-family (county) G. Proposed Zoning: The proposed zoning of the property maintains the current R-3 (Residential) underlying zoning and adds a new PUD overlay as detailed herein. 2 H: General Land Use Character: The subject property is on the north side of Foys Lake Road in an area which is predominantly single-family residential. The general area transitions from urban scale residential to larger rural residential tracts. The area to the north of the property and south of Highway 2 West contains a mix of open space, residential and light industrial uses, along with Ashley Creek and the Rails -to -Trails bike path that replaced a section of railroad tracks. The eastern side of the property is bordered by the Highway 93 Bypass. Kalispell Growth Policy Exhibit -April 22nd, 2021 NORTH Assessor## 0662950 Neighhahhod Commercial _ Industrsal _ Urban Used Use - High 6c+ 4 Re di tal Urban Residential Suburban Residential Gfty AirP°n-C°" Commercial PuhlinlQuasi Public, Openspa: _ Fluudway _ E� SP Industrial Urban,p. Residential Urban High Density Residential Mix Use Suburban Residential . c Date. April Mid, 2021 Valispell Planning DepL FdeParh: J4 1VX21M2t KA I.I SPFI.I, I: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential, which anticipates densities up to four dwelling units per acre on lots down to 5000 square feet for single-family homes, as well as townhomes and other types of homes when accompanied by open space and common areas. The proposal has a density of about 3.2 units per acre with single-family, townhouse, and cottage lots once discounted for undevelopable area along Ashley Creek. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services are in the vicinity and available to the subject property. 3 J: Availability of Public Services and Extension of Services: The Highway 93 Bypass borders the property to the east and a full interchange provides access a short distance from the southern part of the property. Water and sewer mains have been extended across the highway and are available to the project. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95 - Peterson Elementary, Flathead High School Fire: City of Kalispell Police: City of Kalispell EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL The intent of a PUD district is to serve as an overlay zoning district. The district shall function in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve to modify the underlying zone and, where appropriate, subdivision standards with the intent of providing flexibility of architectural design and density as well as providing the option to mix land uses and densities while preserving and enhancing the integrity and environmental values of an area. The Mountain View PUD would provide a layout of 139-acres for 407 dwelling units (225 single family lots, 16 cottage lots and 166 townhome lots). The PUD will be a Residential PUD and function in concert with the underlying R-3 zone. t_ab D WGMGROUP � a Z IL w1Z o 5 0 LZ J 4J LU F (L Z 0 AIAY14'mt I 1 OF 1 PROJECT INFORMATION TOTALACREAGE 131104 ACRES RO�40 ROW 25.1 D ACRES (19.0% TOTAL DEVELOPMENT AREA) TOTAL UNITS 407 DU, 3.09 UNITS+ACRE DENSITY PROPOSED ZONING R3-PUD SINGLE FAMILY 37.92ACRE5 225 UNF'.S TOWNHOME LOTS 9.00 ACRES 92 UNITS TOV4FAMILY TOWNHOMES 1LBS ACRES 74 UNITS COTTAGE LOTS 1_&}ACRES 16 UNITS OPEN SPACE =41.42 ACRES PARK = 5. 111 ACRES TOTAL 46 -5 9 ACRES ASHLEY CREEK= 10.0 ACRES (UNDEVELOPED) 5 Sections 27.19.020(4) of the zoning regulations provide that the planning board shall review the PUD application and plan based on the following criteria: A. The compliance of the proposed PUD with the city growth policy and, in particular, density and use policies of the plan. The proposed development is located within the Suburban Residential land use category. The Kalispell Zoning Ordinance states that the R-3 Zoning District would typically be found in areas designated as Suburban or Urban Residential on the Kalispell Growth Policy Future Land Use Map (Sec 27.06.010). The Kalispell Growth Policy Plan -IT 2035 and the zoning anticipates densities up to four dwelling units per acre on lots down to 5000 square feet for single-family homes, as well as townhomes and other types of homes when accompanied by open space and common areas. The proposal has a density of about 3.2 units per acre with single-family, townhouse, and cottage lots after considering undevelopable area along Ashley Creek which is not included in the calculation. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services are in the vicinity and available to the subject property. The Kalispell Growth Policy Plan -It 2035 also includes the following policies: Chapter 4, Land Use Housing (9): On larger tracts of land, creative design and a mix of housing types is encouraged within the overall density requirements to create more dynamic neighborhoods, to provide more open space, and to protect sensitive resource areas. Chapter 4, Land Use Housing (14): A variety of housing types and compatible land uses are encouraged in residential areas and should be designed to fit scale and character of the neighborhood. Where necessary, developers should utilize the Planned Unit Development (PUD) process to craft development proposals that are both innovative and creative, while maintaining the integrity and values of the community. The proposal calls for a mix of single-family, townhouse and cottage homes. Within the residential area, there is open space/parks totaling approximately 41.4 acres of parks and open space, plus 10.6 acres along Ashley Creek that will remain undeveloped. The open space/parks include pedestrian/bike paths connecting homes with the parks and the larger network of bike paths in the general area, including those along the bypass, which provides a connection throughout the community. The requested PUD can be found to comply with the Suburban Residential land use designation, as well as policies found within the Housing chapter of the Kalispell Growth Policy Plan -It 2035. B. The extent to which the PUD departs from the underlying zoning and the reasons why such departures are or are not deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations. 6 (1) Minimum lot area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The request reduces minimum lot area to 3500 square feet for the attached townhome and cottage lots as a minimum lot area. The overall development plan contains less density (about 3.2 units per acre) than the maximum allowed under zoning (6 units per acre in a PUD with R-3 zoning). Minimum lot area for single-family lots would be maintained at 6000 square feet. The overall density of the development relies on open space to create the community feel intended for the neighborhood, and the intent of the underlying zoning is met. (2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The lot width applies to sublots as well. The proposal calls for 35 foot minimum widths for alley loaded detached cottage homes, and the proposed plat includes sublots as narrow as 30 feet. As with minimum lot area, the overall development plan is well within the density allowed under the zoning ordinance and is consistent with the growth policy. The open space within the development mitigates the narrower lot width provided that an appropriate streetscape is maintained for driveways, street trees, and other improvements. At these widths, shared driveways whenever possible should be required. This requested deviation should be considered in conjunction with a subdivision deviation which would allow those widths in certain areas without an alley. The deviation is discussed below. C. The extent to which the PUD departs from the subdivision regulations (if subdivision is anticipated) and the public works standards for design and construction applicable to the subject property, the reasons why such departures are deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; (1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not more than 600 feet. The applicant is requesting blocks in excess of 600 feet. The regulations provide for pedestrian connections to break up blocks over 600 feet. The lack of conventional city blocks, unique existing topographical features, and larger open space on the site are reasons for the longer length. Internally to the project, the internal trail system and open space serve to help tie the project together. Externally, slopes and existing development on adjacent sites limit the number and location of connections. The only adjacent public right-of-way is Foys Lake Road on the south side of the development, and there are two connections allowing for appropriate circulation. Other sides of the overall project are limited by the bypass, Ashley Creek, and established neighborhoods without provisions for connections. The developer will need to add a connection to Highway 2 to the north over the creek. 7 There are four sets of cottage lots in one of the later phases of the project. The cottage lots are smaller lots designed to have shared common area with a community feel. There are a total of 16 units (four rows of four) that would have block lengths of 200 feet, which would be below the minimum block length. The unique design and the features of the project discussed above provide a basis for the reduced block length. Given the development constraints and design of the project, the PUD contains features which help mitigate the deviation's impact and is an appropriate request. (2) Driveway access to collector road: Sec 28.3.14(G) and (J) — One of the roads branching from the western access is a collector street (to the east of the intersection, then through the center of the development and extending to the north property line to later extend to the highway). Individual driveways are prohibited on collector streets per Sec 28.3.14(G) except in infill situations, with access to be from an alley with the front of the house facing the collector. There is softer language in Sec 28.3.14(J), which states that "residential driveways shall avoid direct access onto collectors." Many of the lots adjacent to the collector have access from either an alley or from a side street. Some, however, must access off of the collector. The applicant has requested that, where alleys are not feasible, that driveway access to the street would be allowed if the block is posted as "no parking." Public Works has indicated that they would support allowing the driveway access provided that any block with driveway access would be signed as "no parking" for the length of the block (intersection to intersection) on the side of the street that a driveway is allowed. The purpose is it allows for vehicles to back into the street without visual obstruction, which is more important on a collector level street. Allowing the driveways to access the collector street through the development is appropriate with the "no parking" limitation. (3) Cottage Alleys as an alternative street section: The cottage lots would include two "cottage alleys" which would be somewhat of a hybrid between a street and an alley. The right-of-way would be 40 feet wide (streets are typically 60 feet wide and alleys are typically 20 feet wide). This area would be the only place within the development that would utilize this street section, and is part of the cottage concept that fronts the lots on common landscaped area. A full connection between streets is provided for just to the west, and this section will function as an oversized alley accessing a limited number of homes. The unique design element is integrated into the overall design of the project and is an appropriate deviation, provided that, due to the non- standard design, they are maintained as a private street by the homeowners' association. (4) Alleys with townhouse development: Sec. 28.3.15 — Under the subdivision regulations, alleys are required for townhouse development creating a street frontage density of 40 feet/unit or smaller on average for any block. They are also required whenever lots are adjacent to a collector street. As part of Phase 1, there are a significant number of sublots less than 40 feet wide. It is not clear what widths will be used in future phases. The western sublots between the western access onto Foys Lake Road and the intersection to the east will be on a collector street. The sublots on the north side of the street are over 40 feet in width, but all of the sublots on the south side vary from 31 feet wide to 35 feet wide. The remainder of the lots in Phase 1 are generally in sets of 35 foot wide sublots and 40 foot wide sublots with some variations from 30 feet to 51 feet. As discussed above relative to driveways on collector streets, the general rule is that residential driveways are not allowed to access collector streets due to safety concerns with collectors being a higher traffic volume road designed to move traffic. Any sublots on a collector should be at least 40 feet wide and the plat should be amended to increase the sublot size and, if necessary, reduce lots on the collector street to provide at least 40 foot wide sublots. The remainder of the sublots pose an interesting question. The regulation is intended to maintain a sufficient street frontage without having a series of driveways without a break in the profile. It was not intended for blocks that, per the deviation request for block length, reach as long as 10,084 feet on the eastern portion of the development. In those situations, the "average" width can be skewed by large areas of open space and still create problems for stretches where too many driveways come together in too small an area. As discussed above, the requested block length is appropriate given the unique characteristics of the site and overall density under zoning and the growth policy. However, the project still needs to function appropriately. Proposed driveway layouts are shown below. The proposed layout for configurations of three or more units should include shared driveways as well to mitigate the street impacts. 9 T LOT LINE T ---7 __j TOV4TdHOME UNff WPROXIMATE SIZE} OR111EWAY TWO FAIMILY DRIVEWAY TOWN H OM E LOT LI NE TUMHOME UNff(APPROXIMATE SIZE) DRNEWAY T WNH ME DRIVEWAY LAYOUT Phase 1 includes sublots elevated above Foys Lake Road which are highly visible. Later in this report, there is a discussion about the aesthetic appearance through this stretch. Given the increase in width on the collector street sublots, the aesthetic standards along Foys Lake Road, topographical issues discussed relative to the plat, and the inclusion of shared driveways for all sublots, accepting the sublots without alleys in Phase 1 is appropriate. Future phases should be reviewed separately with each preliminary plat to determine if any deviation is appropriate. 10 D. The overall internal integrity of the PUD including the appropriate use of internal design elements, the use of buffers between different land uses, the use of transitions between uses of greater and lesser intensity, the use of enhanced design features to provide connectedness for both vehicle and pedestrian traffic throughout the PUD and the use of innovative and traditional design to foster more livable neighborhoods; The overall layout of the development includes a mix of different types of single-family dwellings, allowing for traditional single-family, townhomes, and cottage units. The residential use and housing types within the development are similar to the surrounding area and blend with the surrounding land use pattern. Provisions for vehicular and pedestrian traffic are provided for, including a network of trails internal to the project which connect to the Great Northern Historical Trail bike path as well as the bike path along the highway bypass. The submitted plans do not show a bike path within the Foys Lake Road right-of-way, or connecting to the bike path at the bypass. The plans will need to be amended to provide the appropriate connectivity and to provide for pedestrian/bike traffic within the adjoining right-of-way. While the use is similar, the density is greater than the other established development and buffering from external roads and adjoining properties is an important design factor. Additionally, the topography of the site significantly elevates the development above the adjoining roadway, making it substantially more visible than if the topography were flat. Along Foys Lake Road, there should be a consistency of design for both landscaping and fencing to provide a consistent, uniform, aesthetically pleasing design which avoids mis-matched fences that detract from good visual appearance. Also, the visual impact of the proposed townhomes elevated over the roadway should be mitigated to the extent possible and shall include the buffer areas between the townhouses as shown on the proposed plat for Phase 1. Any fencing or other buffering along the bypass should be reviewed and approved as well. 45 O Mountain Vow PUD ial R-d WGMGaour 11 Vj 0 The developer submitted the drawing shown above, and the aesthetic appearance of the landscaping, fencing, and townhomes should be in substantial compliance with the representation submitted. In order to ensure that the final design of the frontage and townhomes along Foys Lake Road as well as along the bypass meet these requirements, the landscaping and townhome plans shall be submitted to the Planning Department and the City of Kalispell Architectural Review Committee for review and approval. Along the western side of the property, which borders five homes/lots, there is a landscape buffer provided. The northern boundary abuts Ashley Creek and a substantial buffer is provided between development and the creek. The stormwater facilities and any necessary fencing around the stormwater ponds should include an elevated design, particularly in those areas visible from Foys Lake Road. They should be designed in a way that it becomes a visual interest to the development. Chain link fencing surrounding the retention ponds as the dominant fixture should not be allowed without mitigation. The developer should work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. E. 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; �� r Mountain View POD O / u �hE V— ,wer 12 The plan includes common open space and park areas totaling about 46.6 acres. There is a 5.2 acre homeowners park in the western portion of the property, a 1.9 acre homeowners park as part of phase 1, and a series of interconnected trails and sidewalks which contribute to the recreational component of the development. The developer will need to provide covenants which would allow for the maintenance of the common area. Specifics of the park plan will be reviewed and approved by the Parks Department as each phase progresses with the required minimum park area to be provided with each phase. The open space adequately functions in the development in terms of the proposed use, density, and dwelling types. F. 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; Public service facilities and infrastructure are adequate for the development of this site. Any new improvements to the property such as internal roads, storm water facilities and water/sewer connections would be installed in accordance with city policies and standards at the developers' expense. A Traffic Impact Study was completed by the developer and outlined below. Water: Water to the subdivision will be provided by the City of Kalispell and will involve the extension of existing water mains. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. The extension must meet City of Kalispell Standards for Design and Construction as well as any DEQ requirements. Per the extension of services plan and the standards for design and construction, a water main needs to be extended within Foys Lake Road to the western end of the development. Any crossing of Ashley Creek will require the appropriate permitting relating to working in or near the creek, and could involve local, state, and federal jurisdictions and permitting. Permits may include, but would not necessarily be limited to, a floodplain development permit, a 310 permit from the Conservation District, and permitting from the Corps of Engineers relative to wetlands. There is adequate capacity within the city's water system to accommodate this subdivision, although there are pressure issues that will have to be addressed in order to provide service to the development. The design of the water system will need to take those issues into account. The Public Works Department provided the following written comments relating to the water system and are also recommended conditions of approval: 1. The City Standards for Design and Construction require new development to provide 50 psi of pressure during peak hourly demand conditions. Based on initial modeling completed by the City's utility modeling consultant, the site cannot provide 50 psi of pressure in Phase 1, even if completely looped to the 16-inch main near Highway 2. Therefore, a booster system drawing from the lower pressure zone shall be provided to serve all phases of the development. 2. The booster system shall be sized as a new middle pressure zone to service a developable area north of Foys Lake Road, south of Two -Mile Drive, and west of the Highway 93 Alternative (bypass). 13 3. To create redundancy within the new middle pressure zone, the booster system shall be comprised of multiple pumps contained in two booster stations. One booster station should be located near the connection to the water system in Foys Lake Road and one booster station should be located near the connection to the water system at Highway 2. Alternative designs shall be reviewed and approved by Public Works. 4. The booster system shall also include appurtenances deemed necessary for operation and maintenance of the pressure zone including, but not limited to: SCADA systems, telemetry, hydropneumatic tank(s), controls, mechanical systems, as well as other requirements deemed necessary by the City or the Montana Department of Environmental Quality (MDEQ). 5. Pumps within the booster system shall be designed to meet the minimum requirements of the City of Kalispell Public Works Department and MDEQ and shall include a combination of pumps including, but not limited to jockey pumps, pumps to meet domestic flows, and pumps to meet fire demand plus peak day demand. Pumps shall be sized to meet initial demand and fire flow conditions as well as demands for the buildout of the middle pressure zone and fire now conditions. Initial modeling of the system calculates the fire demand plus domestic demand to be between 1,800 gpm and 2,100 gpm. 6. The City reserves the right to provide the design for the booster system and include the cost for the design of the system as an offset in any calculation for city's upsize participation, if applicable. 7. Capacity upgrade requirements for the booster system required by the City to serve the middle pressure zone beyond the needs of Mountain View Subdivision will be subject to cost sharing provisions pursuant to city policies. Final determination of the cost sharing will be determined by Public Works based on full buildout of the subdivision and the final design of the booster system. A Memorandum of Understanding shall be created between the City of Kalispell and the Mountain View Subdivision to identify responsibilities for cost sharing for upsize of facilities associated with the booster system. 8. Phasing of roads and utilities, including the booster system, shall be approved by Public Works. 9. The development is subject to the latecomer agreements for water and sanitary sewer for the Lone Pine water and sanitary sewer extensions and regional lift station. Sewer: Sewer to the subdivision will be provided by the City of Kalispell with the extension of existing mains. The extension must meet City of Kalispell Standards for Design and Construction as well as any DEQ requirements. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. Per the extension of services plan and the standards for design and construction, a sewer main needs to be extended within Foys Lake Road to the western end of the development. There is adequate capacity within the city's sewer system to accommodate this 14 subdivision. It should be noted that all sewage flowing south through the Lone Pine system is subject to latecomer fees. Solid Waste: Solid waste collection can be provided throughout the subdivision by the City of Kalispell. Access and Roads: The proposal includes two connections to Foys Lake Road, which is a state secondary highway and is a minor arterial under the Kalispell Transportation Plan. Internally, the streets would be constructed as local streets under the City of Kalispell Standards for Design and Construction, with the exception of the "cottage alleys" and a collector street running from the west entrance through the center of the project, then west to the north property line to provide an eventual connection to Highway 2. The cottage alleys due to their non-standard design should be maintained as a private street by the homeowners' association. The road extending to Highway 2 is not a requirement under fire code, but is included within the Transportation Plan. Also, a review of the TIS submitted by the developer performed by the City and KLJ, which has a contract for outsourcing reviews of TIS submittals, shows that the connection may be necessary from a transportation perspective. An updated TIS will need to be prepared by the developer for review and approval by Public Works. If recommended by the updated TIS, the road will need to be installed connecting to Highway 2. If the full connection is not recommended, the developer will need to provide for a future connection by extending the internal road to the north property line. The road should be fully developed to city standards as a collector in conjunction with Phase 3. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for Design and Construction and the subdivision regulations to a full width minor arterial. Any right-of-way necessary to provide the right-of-way width shall be dedicated to the City. Phase IA of the subdivision shall improve Foys Lake Road from the Highway 93 Bypass to the westerly extent of the phase. Any subsequent phase of development shall improve the remaining portion of Foys Lake Road to the westerly extent of the given phase as shown on the preliminary plat provided by this application. Provisions for sidewalks and bike paths are provided for, including a network of trails internal to the project which connect to the Great Northern Historical Trail bike path as well as the bike path along the highway bypass. The submitted plans do not show a bike path within the Foys Lake Road right-of-way, or connecting to the bike path at the bypass. The plans will need to be amended to provide the appropriate connectivity and to provide for pedestrian/bike traffic within the adjoining right-of-way and extending to the western property line of the development. The Public Works Department submitted the following written comments relative to the transportation system: 1. Foys Lake Road shall be improved to a minimum city minor arterial standard, widening as necessary for a full road width and including an 8' concrete sidewalk, streetlights, and other applicable improvements on the development side of the roadway. 15 2. The TIS should be updated to account for a 9.5% increase due to seasonal adjustments on traffic volumes. The report should be updated with the MDT counts for Foys Lake Road. The TIS should also add daily traffic impacts in addition to the Peak Hour impacts. Additionally, a 3.5% annual growth rate should be incorporated for the area west of the bypass as recommended in the Foys Lake Road and Kalispell Bypass Interchange project. 3. As recommended in the TIS, right turn lanes should be added at the east and west accesses off of Foy's Lake Road. 4. The street intersection north of the western approach shall be designed such that the western street tees into the eastern/northern leg, opposite of what is shown in the PUD. 5. A minor collector shall be constructed from the western approach, through the middle of the development and to the northern limits of the development. The western approach should be moved eastward if topography permits to provide a better collector street corridor. 6. City Standards require new development to maintain or improve existing levels of service (LOS). A LOS decrease is noted in the tables of the TIS for the intersection of North Meridian and Hwy 2 from B to C for morning westbound through traffic, at the intersection of South Meridian and 2nd Street from A to B in the afternoon for northbound traffic, and at the intersection of 7th Street West and 8th Avenue West from B to C in the morning for northbound traffic. These decreases in LOS are around 1 second and tend to generally be considered acceptable levels of service. However, the intersection of South Meridian and 7th Street West drops from a LOS of E to F in the morning for westbound traffic and D to F in the afternoon for westbound traffic, with an increase in delay of 34.5 seconds in the morning and 38.1 seconds in the afternoon. Both the currently adopted 2008 transportation plan and the draft transportation plan (expected to be adopted later this year) identify a need to upgrade this intersection to a single lane roundabout. The Standards for Design and Construction require new development to maintain or improve the LOS of the affected roadways. The development shall mitigate the identified decrease in the LOS at South Meridian and 7m Street West in a way supported by the findings of the updated TIS subject to review and acceptance by Public Works. 7. Roads between the cottage lots shall be privately owned, maintained, and signed. 8. Per AASHTO requirements for 25 mph design speeds, minimum radii of 200' shall be used for horizontal curves. Curves adjacent to lots 242-245 and 125a-125c shall be reviewed and modified if necessary. 9. The Transportation System shall be designed in accordance with the Standards for Design and Construction current at the time of construction. 10. Both the existing and draft Transportation Plan for the City of Kalispell recommend the development of a north/south minor collector connection from Highway 2 to Foys Lake Road to ensure north/south connectivity west of the bypass. Given approximately 49% of the site 16 generated traffic is expected to have a northbound departure, this connection shall be perpetuated by the project. If the connection cannot be established through adjacent properties to the north of the development, the right-of-way shall be extended to the north boundary of the project, dedicated to the City of Kalispell, and a Waiver of SID for road improvements shall be signed by the development to occur with future development to the north. Control over vehicular traffic: WGM Group prepared a traffic impact study for the proposed project. The traffic impact study analyzed the full buildout of the proposed development. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the two approaches onto Foys Lake Road and nearby intersections. Per comments from Public Works noted above, there are some updates which should be accomplished pursuant to the KLJ review of the TIS. An updated TIS will need to be prepared by the developer for review and approval by Public Works, and any recommendations from the accepted updated TIS will need to be implemented. The current study concluded that traffic from the development "will generate new traffic through the study intersections," but the "analysis shows that this traffic can be accommodated at most of the study intersections without the need for improvements." The TIS identified the intersection of South Meridian and 7th Street West as needing to be upgraded to a "compact urban roundabout." The study also noted that the development should incorporate improvements along the frontage of Foys Lake Road based on the Kalispell Area Transportation Plan, and further recommended that, "if permitted by MDT, the developer construct a right -turn deceleration lane on Foys Lake Road at the east site access, and that traffic conditions be monitored at the west site access to determine if, as the site builds out and is occupied, a right -turn lane is also needed at that access point." The TIS noted "excellent access to the Great Northern Historical non -motorized trail system will be provided by connecting the internal residential units to the frontage bicycle/pedestrian improvements, interconnecting sidewalk system and a multi -modal trail system." Storm Water: Roadways will be paved and curb/gutter will channel runoff to designed low points, where storm water will be collected and routed to storm water ponds. Any open storm water facilities should have an elevated aesthetic design. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction and storm water management program. Final design will be approved by the Kalispell Public Works Department prior to development. An offsite downstream analysis for any drainage flowing south across Foys Lake Road shall be completed and any adverse impacts to downstream properties shall be mitigated for the 2-, 10-, and 100-year events. Offsite flow rates shall not increase above historic rates. A no rise determination for the Unnamed Perennial Surface Water Tributary to Ashley Creek from Foys Lake which runs through the Lone Pine Subdivision shall be completed if offsite volumes increase above historic volumes. 17 Additionally, prior to development of the subdivision or receiving any building permits, the developer will need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. Schools: The property is within the boundaries of School District #5 (Peterson Elementary and Glacier High School). On average, it would be anticipated that there would be about 204 students (K-12) from the neighborhood at full build -out. Section 76-3-608(l) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review, fire protection, including fire flow and hydrant location, will be reviewed, and water pressure issues will need to be addressed as discussed in this report. Fire station 61 is located approximately 1.3 miles away providing good response time. Parks: The plan includes common open space and park areas totaling just about 46.6 acres. There is a 5.2 acre homeowners park in the western portion of the property, a 1.9 acre homeowners park as part of phase 1, and a series of interconnected trails and sidewalks which contribute to the recreational component of the development. The developer will need to provide covenants which would allow for the maintenance of the common area. Specifics of the park plan will be reviewed and approved by the Parks Department as each phase progresses with the required minimum park area to be provided with each phase. G. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The subject property is in an area which is largely developed with existing single-family development in the immediate vicinity. This development would continue that trend. There is recently installed infrastructure in the area with the Highway 93 bypass and upgrades currently under construction which help allow the project to fit within the neighborhood. Water and sewer lines were extended under the bypass and are available to support construction. It is expected that additional development will occur in the area to the north. This project would fit within that overall trend. With the existing established residential neighborhoods in the surrounding area, it is important that the development fit within the neighborhood in terms of services, aesthetics, and impact as discussed in Section (D) above and elsewhere in this report. H. 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; 18 There are essentially nine phases of the development, with four primary phases. The first phase would include two subphases, and a preliminary plat application has been submitted for that area for 94 lots on 21.2 acres. It is anticipated that the first phase would begin development in the fall of 2021, with each phase commencing the following year. Section 27.19.020(10) of the zoning ordinance outlines procedures for abandonment/expiration to be followed when the PUD fails to comply with a completion schedule. Part of the requirements of the PUD is that the developer would enter into an agreement with the City of Kalispell to adequately ensure 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. �ro L Conformity with all applicable provisions of this chapter. YMMGROU Section 27.19.030(4) of the zoning ordinance allows for Residential PUDs in R-3 zones with a minimum of two developable acres. Density should not exceed 6 dwelling units per acre. The development contains 139 acres. Density in the residential area is 3.2 units per acre once undevelopable land adjoining Ashley Creek is discounted. Housing types can include single- family, duplex, and multi -family housing arranged in attached, detached, townhouse, apartment or condominium configurations. The proposal meets those requirements. No other specific deviations from the Kalispell Zoning Ordinance or Subdivision Regulations can be identified 19 based upon the information submitted with the application other than those addressed in this report. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT _ILr`i The preliminary plat submitted with the application is for Phase 1, which is the southern portion of the property adjacent to Foys Lake Road. It consists of approximately 21.2 acres with 94 (5 single family and 89 townhome lots) lots, streets, parkland and open space. A. Effects on Health and Safety: Fire: The property would be considered to be at low risk of fire because any building constructed within the subdivision would be built in accordance with the International Fire Code and have access which meets city standards. The area to be built upon will be graded to not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Uniform Fire Code and approved by the Fire Chief. = F Flooding: The area of the subject property to be 3004125 I , developed is located entirely ZONE AE g{ outside of the 100-year 2944.1 floodplain per the Flood ZON5-AE A , ' Insurance Rate Map (panel numbers 30029C1805J and a 1 A" pfl "`_ 0029C1815J, both effective 99 November 4 2015). The property is bordered on the a north by Ashley Creek. Z942 s Areas shown as floodplain "' "f'I"pell x are contained within ' . 116k 3011112,AW common area that will be set aside as part of the watercourse and wetlands setbacks provided for under the subdivision regulation. 20 Access: The access to the development will be provided primarily with two accesses onto Foys Lake Road, which provides access to the Highway 93 bypass. There are also provisions for a potential extension to the north over Ashley Creek which would allow for access to Highway 2. Additional details relating to access are discussed elsewhere in this report. Geology: The overall site contains significant slopes and topography which the design of the development must take into account in terms of placement of roads and building lots. A Geotech report was prepared in 2009 by CMG Engineering and more recently in May of 2021 by Slopeside Engineering to evaluate the original report. The conclusion was that the 2009 study remains valid subject to some modifications. The recommendations in the report should be followed, subject to comments provided by the City of Kalispell Public Works and Building Departments. Public Works commented that the Geotech provides that utilities will be backfilled with onsite native soils, which doesn't meet city standards for roads and utilities in roadways. For example, Slopeside recommends 2' of gravel subbase for any haul roads with separation fabric between the gravel and native fine-grained soils, but then states that compacted silt is the assumed pavement subgrade material for the streets. The minimum City Standards for pavement sections should be specified (if not thicker to match his haul route recommendations), but potentially also add separation fabric to prevent future clays from pumping through road cross sections. The Building Department commented that the minimum soils prescriptive bearing pressure recognized in the International Residential Code is 1500 pounds per square foot of soil bearing pressure. Code also requires that the footings be placed on natural undisturbed soils, or engineered fill. The total depth of fill would need to be demonstrated either in site specific instances or based on a letter from a geotechnical engineer establishing that the minimum requirements are met. They also noted that final grade of the lots could present another issue. The IRC allows for the placement of footings adjacent to ascending and descending slopes with a slope of 45 degrees. If design was outside of these parameters due to the actual lot dimensions or slope, an engineered foundation or retaining walls may be required depending on the situation. Building limitations may apply not only to the main house structure, but also to decks and other appurtenances. Grading and Slopes: The developer has submitted plans showing typical sections for the townhouse lots. Section 28.3.03 states that slopes in excess of a 25% grade are prohibited unless appropriately mitigated. Section 28.3.11(D) requires a maximum 7% slope on the driveway, while Section 28.3.11(F) requires building sites to have existing undisturbed terrain of 25% or less slope. It appears from the typical plans that those slopes are met, but a full final grading plan will need to be submitted to Public Works and the Planning Departments for review and approval with confirmation of each building lot to be submitted prior to final plat. 21 � 'S •. :�.�� ..s^�.� rr,/' � - F '�-, a•. ...- .�._-____-'��-::i. is . � L . �� `yam .4 � .... A �/�• ��� a 1 Ir �� i I � - " -_ :�� � � ice:.- - ROA➢A -liq i - _A. SURFACE SLOPE DATA NUMBER MINIMUM SLOPE MAXIMUM SLOPE COLOR 1 0% 17% 2 17% 25% 3 25% 33% 4 33% 50% ----'. .• — —. - ., . •- - .. -- - - :f u ; �LL .. .y ti Lei _• ---'� I �� I I 'I,- -, I r+ -- -Y-y .._.•_.., • .- .� - - __• _.. -tom '. - - i r TOWN -HOME TYPICAL SECTION PLAN VIEW 22 TYPICAL TOWN HOME SECTION Highway Sound Mitigation: Under Section 28.3.09 of the subdivision regulations, a proposed residentially zoned subdivision abutting a major arterial road such as the bypass requires noise mitigation techniques to reduce the noise impacts to 60dBA or less at z the lot lines. The subdivision plans call for berming along the east boundary of the site within designated open space in combination with the higher elevation of the subdivision. Appropriate noise mitigation under the regulations include increased setbacks, earth berms, and fences/walls less that 6.5 feet in height. Detailed plans have not been submitted and shall be submitted for review and approval by the city prior to construction, including a sound study. Any fencing or walls should be reviewed by the city Architectural Review Committee pursuant to the PUD approval. B. Effects on Wildlife and Wildlife Habitat: Ashley Creek borders the property to the north. The creek and the undeveloped nature of the property on the edge of town both provide riparian and wildlife habitat that should be taken into consideration according to comments submitted by the Montana Department of Fish, Wildlife, and Park. The Resources and Analysis Section of the Kalispell Growth Policy includes information from Fish, Wildlife and Parks relating to riparian wildlife, deer, elk and moose habitat. The map does not include this stretch of Ashley Creek as important riparian habitat, and, as with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. 23 The comments from Fish, Wildlife, and Parks noted that the development includes upland grasslands/previous agricultural fields and a forested riparian zone along the creek, with the stream bank having relatively stable riparian vegetation, providing stable stream bank, natural habitat, and a natural setting. They recommend a minimum 200-foot building setback, which is the required setback under Section 28.3.07 of the subdivision regulations and is included as part of the PUD plan. They note that the homeowners' park along the creek is a good plan allowing for uniform and consistent management. They would prefer that the bike path not be within the setback. However, city subdivision regulations specifically allow trails within the setback provided that the paths are designed to minimize bank instability, sedimentation, nutrient/pollution runoff, and damage to plant and wildlife habitat. Their comments also include a number of items for the developers and homeowners to consider in order to minimize wildlife conflicts that should be incorporated into the homeowners' covenants. C. Effects on the Natural Environment: Surface and groundwater: The subdivision will be served by public water and sewer thereby minimizing any potential impacts to groundwater. In the environmental review submitted by the applicant, it is stated that static groundwater varies on the site due to the elevation changes. Based on existing and abandoned wells, the average depth is approximately 50 feet below the surface. The 2009 Geotech report found groundwater at 14 feet below the surface along Foys Lake Road, which is the lowest elevation on the property. Drainage: Roadways will be paved and curb/gutter will channel runoff to designed low points, where storm water will be collected and routed to storm water ponds. Any open storm water facilities should have an elevated aesthetic design. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction and storm water management program. Final design will be approved by the Kalispell Public Works Department prior to development. An offsite downstream analysis for any drainage flowing south across Foys Lake Road shall be completed and any adverse impacts to downstream properties shall be mitigated for the 2-, 10-, and 100-year events. Offsite flow rates shall not increase above historic rates. A no rise determination for the Unnamed Perennial Surface Water Tributary to Ashley Creek from Foys Lake which runs through the Lone Pine Subdivision shall be completed if offsite volumes increase above historic volumes. A condition of approval requires that a property owners' association be created for the maintenance of the common area which would include the common area drainage easements. As part of the storm easement areas, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. Lastly, the developer is required to submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. 24 Watercourse and wetlands setbacks: The northern boundary of the development borders Ashley Creek and associated wetlands. Sections 28.3.06 and 28.3.07 provide for setbacks from each to mitigate impacts from the development on the stream and wetlands. There is a minimum 100-foot setback from the wetland to any proposed lot line. The application shows a setback of approximately 148 feet from the wetland area to the nearest property line. I WGMGROUP ! cN�. LEGEND v Q. .. `3 !� W to � r � U dd W 2 F- a ' z y 1 L 1 w k 1 T. 9 OF LEGEND M0000 ASHLEY CREEK WATERCOURSE _ 111 -111 _ WATERCOURSE 200' SETBACK GIS WETLAND/STREAM Similarly, there is a minimum 200-foot setback from the creek with limited uses. Permitted uses, subject to certain design criteria, include storm drainage, trails, street, utilities, and parkland. The detail below shows that the building lots are outside of the setback area. Areas within the setback will either be left in a natural state or developed as one of the permitted uses within the setback, including open space, storm drainage facilities and a bike path. D. Effects on Local Services: Water: Water to the subdivision will be provided by the City of Kalispell. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity 25 within the city's water system to accommodate this subdivision, although there are pressure issues which will need to be addressed with any provision of water service to the subdivision as discussed elsewhere in this report. Per the extension of services plan and the standards for design and construction, a water main needs to be extended within Foys Lake Road to the western end of the development. Proportionate water rights shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. Detailed comments related to the water system are discussed above as part of Section F of the PUD analysis. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity within the city's sewer system to accommodate this subdivision. Per the extension of services plan and the standards for design and construction, a sewer main needs to be extended within Foys Lake Road to the western end of the development. It should be noted that all sewage flowing south through the Lone Pine system is subject to latecomer fees. Access and Roads: Phase 1 includes two connections to Foys Lake Road, which is a state secondary highway and is a minor arterial under the Kalispell Transportation Plan. Internally, the streets would be constructed as local streets under the City of Kalispell Standards for Design and Construction, with the exception of the collector street running from the west entrance through the center of the project, then west to the north property line to provide an eventual connection to Highway 2. Detailed discussion related to roads and access for the PUD are included in Section F of the PUD analysis. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for Design and Construction and the subdivision regulations to a full width minor arterial. Any right-of-way necessary to provide the right-of-way width shall be dedicated to the City. Phase IA of the subdivision shall improve Foys Lake Road from the Highway 93 Bypass to the westerly extent of the phase. Any subsequent phase of development shall improve the remaining portion of Foys Lake Road to the westerly extent of the given phase as shown on the preliminary plat provided by this application. The eastern end of Phase 1 will need to include a temporary turnaround to be reviewed and approved by the Fire Department in order to provide sufficient fire access under the fire code. Provisions for sidewalks and bike paths are provided for, including a network of trails internal to the project which connect to the Great Northern Historical Trail bike path as well as the bike path along the highway bypass. The submitted plans do not show a bike path within the Foys Lake Road right-of-way, or connecting to the bike path at the bypass. The plans will need to be amended to provide the appropriate connectivity and to provide for pedestrian/bike traffic within the adjoining right-of-way and extending to the western property line of the development. 26 WGM Group prepared a traffic impact study for the proposed project. The traffic impact study analyzed the full buildout of the proposed development. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the two approaches onto Foys Lake Road and nearby intersections. Per comments from Public Works noted above, there are some updates which should be accomplished pursuant to the KLJ review of the TIS. An updated TIS will need to be prepared by the developer for review and approval by Public Works, and any recommendations from the accepted updated TIS will need to be implemented. The current study concluded that traffic from the development "will generate new traffic through the study intersections," but the "analysis shows that this traffic can be accommodated at most of the study intersections without the need for improvements." The TIS identified the intersection of South Meridian and 7th Street West as needing to be upgraded to a "compact urban roundabout." The study also noted that the development should incorporate improvements along the frontage of Foys Lake Road based on the Kalispell Area Transportation Plan, and further recommended that, "if permitted by MDT, the developer construct a right -turn deceleration lane on Foys Lake Road at the east site access, and that traffic conditions be monitored at the west site access to determine if, as the site builds out and is occupied, a right -turn lane is also needed at that access point." The TIS noted "excellent access to the Great Northern Historical non -motorized trail system will be provided by connecting the internal residential units to the frontage bicycle/pedestrian improvements, interconnecting sidewalk system and a multi -modal trail system." Additionally, Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a Special Improvement District ("SID") for roadway improvements in adjacent areas. On the face of the final plat, there shall be a note stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." Schools: The property is within the boundaries of School District #5 (Peterson Elementary and Glacier High School). On average, it would be anticipated that there would be about 204 students (K-12) from the neighborhood at full build -out. Section 76- 3-608(l) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. 27 Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review, fire protection, including fire now and hydrant location, will be reviewed. Fire station 61 is located approximately 1.3 miles away providing good response time. Parks and Recreation: The plan includes common open space and park areas totaling about 46.6 acres. There is a 5.2 acre homeowners park in the western portion of the property, a 1.9 acre homeowners park as part of phase 1, and a series of interconnected trails and sidewalks which contribute to the recreational component of the development. The developer will need to provide covenants which would allow for the maintenance of the common area. Specifics of the park plan will be reviewed and approved by the Parks Department as each phase progresses with the required minimum park area to be provided with each phase. It is imperative that these areas be well maintained for the visual aspect of the project from adjacent properties and the adjacent roads, the safety of the pedestrian paths and the on -going functionality of the storm water facilities. Therefore, staff recommends that 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. Solid Waste: Solid waste will be handled by the City of Kalispell. 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 approximately 1.5 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for grazing and for industrial uses associated with a nearby sawmill that was previously in operation. According to the Kalispell Growth Policy Resources and Analysis Section, "Important Farmlands" map, the property is not designated as prime farmland. Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use: Natural Environment, state the following: Policy Encourage urban growth only on agriculture lands entirely within the city's annexation policy boundary. The subject property is already annexed and within the city limits. By allowing higher density development within the city's growth policy area, it can reasonably be expected 28 that more farmland could be conserved because the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. The existing R-3 zone is associated with the Suburban Residential designation, and the proposal is within the density anticipated under the growth policy. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services are in the vicinity and available to the subject property. G. Compliance with Zoning: The request complies with the R-3 zoning regulations, provided the specified deviation requests are granted. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations, provided the specified deviation requests are granted. It should be noted that the proposed plat incorrectly refers to duplex lots. The proposal does not include duplexes, which are two dwelling unit buildings on the same parcel with common utilities. Everything noted as duplexes are actually townhouses, which are attached single-family dwellings on sub -lots with fee simple ownership. Prior to final plat, the description of the lots should be amended. RECOMMENDATIONS Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-01 as findings of fact and recommend to the Kalispell City Council that the PUD for Mountain View be approved subject to the conditions listed below: 2. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Mountain View Phase 1 be approved subject to the conditions listed below: CONDITIONS OF APPROVAL The Planned Unit Development for Mountain View allows the following deviations from the Zoning Regulations: 29 (1) Minimum lot size: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The deviation reduces minimum lot area to 3500 square feet for the attached townhome and cottage lots as a minimum lot area. (2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The lot width applies to sublots as well. The deviation allows 35 foot minimum widths for alley loaded detached cottage homes. Sublots with a minimum lot width of 30 feet are allowed provided they are in substantial compliance with the proposed plat, PUD plan, and other conditions of the PUD. 2. The Planned Unit Development for Mountain View allows the following deviations from the Kalispell Subdivision Regulations: (1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not more than 600 feet. This deviation allows blocks in excess of 600 feet as well as less than 250 feet in the area of the cottage lots. (2) Driveway access to collector road: Sec 28.3.14(G) and (J) — Individual driveways are prohibited on collector streets per Sec 28.3.14(G) except in infill situations, with access to be from an alley with the front of the house facing the collector. This deviation would provide that, where alleys are not feasible, that driveway access to the street would be allowed if the block is posted as "no parking." Additionally, any townhouse/sublot accessing a collector street would be required to have a minimum lot width of 40 feet. (3) Cottage Alleys as an alternative street section: The cottage lots would include two "cottage alleys" which would be a cross section 40 feet wide. The street section would be allowed provided that they are maintained as a private street. A note to that effect shall be placed on the final plat. (4) Alleys with townhouse development: Sec. 28.3.15 — Alleys are required for townhouse development creating a street frontage density of 40 feet/unit or smaller on average for any block. They are also required whenever lots are adjacent to a collector street. The proposed layout for Phase 1 is appropriate provided that (a) shared driveways are used whenever feasible; and (b) the townhouses along Foys Lake Road are reviewed and approved by the City of Kalispell Architectural Review Committee. Future phases should be reviewed separately with each preliminary plat as part of the subdivision review to determine if any deviation is appropriate. 3. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD becomes effective. 4. 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. 30 5. 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. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 8. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 9. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake Road shall be in substantial compliance with the representation submitted. In order to ensure that the final design of the frontage and townhomes along Foys Lake Road as well as along the bypass meet these requirements, the landscaping, fencing and townhome plans for sublots along the south side of the internal road paralleling Foys Lake Road shall be submitted to the Planning Department and the City of Kalispell Architectural Review Committee for review and approval. 10. The preliminary plat approval shall be valid for a period of three years from the date of approval. 11. 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. An offsite downstream analysis for any drainage flowing south across Foys Lake Road shall be completed, including a no -rise determination if offsite volumes increase above historic volumes. 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. 12. 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 31 Permit for Storm Water Discharge Associated with Construction Activities. 13. 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. 14. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 15. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 16. 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. 17. Per the extension of services plan and the standards for design and construction, a water main shall be extended within Foys Lake Road to the western end of the development. The extension shall extend from the existing main to the western end of a given phase, ultimately extending to the western property line. 18. Any crossing of Ashley Creek will require the appropriate permitting relating to working in or near the creek, and could involve local, state, and federal jurisdictions and permitting. 19. The design of the water system shall address the water pressure issues related to servicing the development. 20. Per the extension of services plan and the standards for design and construction, a sewer main shall be extended within Foys Lake Road to the western end of the development. The extension shall extend from the existing main to the western end of a given phase, ultimately extending to the western property line. 21. 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. 32 22. Internally, the streets shall be constructed as local streets under the City of Kalispell Standards for Design and Construction, with the exception of the cottage alleys and the collector street running from the west entrance through the center of the project, then west to the north property line to provide an eventual connection to Highway 2. 23. The plat shall be amended to increase the sublot size and, if necessary, reduce lots on the collector street to provide at least 40-foot wide sublots for any sublot accessing the collector. 24. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for Design and Construction and the subdivision regulations to a full width minor arterial. Any right-of-way necessary to provide the right-of-way width shall be dedicated to the City. Phase IA of the subdivision shall improve Foys Lake Road from the Highway 93 Bypass to the westerly extent of the phase. Any subsequent phase of development shall improve the remaining portion of Foys Lake Road to the westerly extent of the given phase as shown on the preliminary plat provided by this application. Improvements shall include an 8' concrete sidewalk, streetlights, and other applicable improvements on the development side of the roadway. 25. The eastern end of Phase 1 shall include a temporary turnaround to be reviewed and approved by the Fire Department in order to provide sufficient fire access under the fire code. 26. The bike path/pedestrian plans shall be amended to provide the appropriate connectivity and to provide for pedestrian/bike traffic within the adjoining Foys Lake Road right-of- way and extending to the western property line of the development as well as connecting to the existing bike path at the northeast corner of the development. 27. The Traffic Impact study shall be amended pursuant to comments from Public Works detailed within this report. Prior to final plat, all mitigation recommended as part of the approved amended traffic impact study relative to the given phase shall be completed. All improvements shall be reviewed and approved by the Public Works Department and the Montana Department of Transportation, if applicable. The timing of the improvements will be determined by the recommendations contained in the approved amended TIS. 28. The road extending to Highway 2 is included within the Transportation Plan and the amended TIS may show that the connection is necessary from a transportation perspective. If recommended by the updated TIS, the road shall be installed connecting to Highway 2. If the full connection is not recommended, the developer will need to provide for a future connection by extending the internal road to the north property line. The road shall be fully developed to city standards as a collector in accordance with the Standards for Design and Construction in conjunction with Phase 3 to the appropriate northern terminus unless the approved amended TIS recommends different timing of the improvement. 33 29. The cottage alleys shall be owned and maintained as private streets, and a note to that effect shall be placed on the final plat. 30. The street intersection north of the western approach shall be designed such that the western street tees into the eastern/northern leg, opposite of what is shown in the PUD. 31. 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, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 32. 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. 33. The Geotech reports shall be updated to reflect comments from the Public Works and Building Departments. The updated report would be subject to review and approval by both departments. Any recommendations in the Geotech report shall be followed. 34. Geotech information for individual building sites may be required by the Building Department prior to issuing a building permit for any construction, including, but not limited to, primary structures, accessory structures, and decks, in order to ensure appropriate soils bearing pressure, placement of footings, slopes, and other building code requirements pursuant to the IRC or other applicable code. 35. A full final grading plan shall be submitted to Public Works and the Planning Department showing that slopes, building sites, and driveways are in compliance with Sections 28.3.03, 28.3.11(D), and 28.3.11(F) of the subdivision regulations. 36. A noise study and detailed mitigation plans for highway sound mitigation showing compliance with Section 28.3.09 of the subdivision regulations shall be submitted for review and approval by the city prior to construction. Any fencing or walls shall be reviewed by the city Architectural Review Committee pursuant to the PUD approval. 37. 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 34 38. 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. 39. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas, including, but not necessarily limited to, roads, parks and open space. Maintenance of private roads shall include both short term and long term maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks, street repairs, overlays, and rebuilds of the street. 40. 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. 41. 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 adjoining rights -of -way. The approved landscape plan shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 42. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase IA, and the plan shall show that the parkland dedication requirement is met for each phase. 43. 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 assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 44. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 45. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a Special Improvement District (" SID") for roadway improvements in adjacent areas. On the face of the final plat, there shall be a note stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." 35 46. Prior to final plat, the description of the lots on the plat shall be amended to eliminate the reference to duplex lots and to reference them as townhouse lots. 47. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 48. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 49. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 36 WrAV WGMC ROUP L:ommurlity Values. Irisoired Futures April 5, 2021 Kalispell Planning Department 201 1 st Avenue East Kalispell, MT 59901 Attn: PJ Sorenson and Jarod Nygren RE: Mountain View Subdivision, PUD Application Dear PJ and Jarod: On behalf of Gary Schnell and Brad Schnell, Bison Hill, LLC, please find attached the application for the Mountain View Planned Unit Development and the Phase One Preliminary Plat. This project was scheduled for a pre -application meeting in February, and completed a preliminary review with the WGM team and City staff. The property is located on the south side of Kalispell, at the northeast intersection of Foy's Lake Road and Highway 93 within the City of Kalispell's jurisdiction. (964 Foys Lake Rd, 28N 22W, Tract 9) The property is approximately 138 acres, and is zoned R-3, PUD. The proposed project conforms to the goals, policies, and maps of the Kalispell Growth Policy. Attached is a digital file with the applications, supportive narratives, and drawings. Two checks in the amount of $14,800 for the PUD and $13,750 for the Preliminary Plat ($28,550 total) to cover the application fees for both the PUD and Phase One Preliminary Plat is also attached and will be delivered in person with the thumb drive to the City of Kalispell Planning Department. We are excited to bring a PUD development with a focus on open space and community development and are looking forward to working with the City on this project. As always, thanks for your attention and please call if you have any questions. Sincerely, WGM Group, Inc. Mike Brodie Principal Engineer RJS cc: Gary Schnell, File x Robin Spear Senior Landscape Architect 431 1 sc Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Development Services Department 201 t Avenue East Kalispell, MT 59901 IKAILI[ S P ELL Ph nes 06) 758 7940 PLANNED UNIT DEVELOPMENT Email: plan ningQkalispel1.corn Website: www.kalispell.com Project Name Mountain View Property Address 964 Foys Lake Rd, Kalispell, MT 59901 NAME OF APPLICANT Bison Hill, LLC Applicant Phone 406-425-1394 Applicant Address 970 W BROADWAY, #446 SUITE E City, State, Zip Jackson, Wyoming, 83002 Applicant Email Address gschnell@tetonlanddevelopment.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Bison Hill, LLC Attn: Gary Schnell Owner Phone 406-425-1394 Owner Address 970 W BROADWAY, Box 30,000, Suite E, #446 City, State, Zip Jackson, Wyoming, 83002 Owner Email Address gschnell@tetonlanddevelopment.com CONSULTANT (ARCH ITECTIENGINEER) WGM Group Phone 406-756-4848 Address 431 1st Ave. West City, State, Zip Kalispell, MT, 59901 Email Address mbrodie@wgmgroup.com rspear@wgmgroup.com POINT OF CONTACT FOR REVIEW COMMENTS Mike Brodie Phone 360-689-7535 Address 431 1 st Ave. West City, State, Zip Kalispell, MT, 59901 Email Address mbrodie@wgmgroup.com List ALL owners (any individual or other entity with an ownership interest in the property): Teton Land Development, LLC- Gary Schnell Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): See attached application, Section B M B Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. KALISPELL Check One: Present zoning of above property: Initial PUD proposal Amendment to an existing PUD Total gross acres of property: Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 R-3/PUD 138.940 1 Please provide the following information in a narrative format with supporting drawings or other format as needed (reference 27.19.020(3)): a. An overall description of the goals and objectives for the development of the project. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. c. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those uses be mitigated. i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. j. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Total acreage and present zoning classifications; (2). Zoning classification of all adjoining properties; (3). Density in dwelling units per gross acre; (4). Location, size height and number of stories for buildings and uses proposed for buildings; (5). Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; (6). Vehicle, emergency and pedestrian access, traffic circulation and control; (7). Location, size, height, color and materials of signs; (8). Location and height of fencing and/or screening; (9). Location and type of landscaping; (10). Location and type of open space and common areas; (11). Proposed maintenance of common areas and open space; (12). Property boundary locations and setback lines (13). Special design standards, materials and / or colors; (14). Proposed schedule of completions and phasing of the development, if applicable; (15). Covenants, conditions and restrictions; (16). Any other information that may be deemed relevant and appropriate to allow for adequate review. If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of the subdivision regulations. Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the approved plan. now 1111111111141111 KALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) Application Contents: 1. Completed application form 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 3. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. 'Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 4. If proposal invloves annexation, pre plat orother action please submit appropriate application forms in addition to the PUD application 5. Application fee based on the schedule below, made payable to the City of Kalispell: Residential (no subdivision) $1,000 + $125 per acre Commercial(no subdivision) $1,200 + $100 per acre Residential (with subdivision) $1,000 + $100 per acre Commercial (with subdivision) $1,000 + $100 per acre I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. s�7 Date WwGMGROUP i_;ummunity V61ue5. inspired Futures. 0 Ut"WINTAIN 1fiJzW PUD The following is a narrative for the Mountain View Planned Unit Development application. Also included is the site plan, utility layout, and development applications for the PUD and preliminary plat. NARRATIVE a. An overall description of the goals and objectives for the development of the project. The proposed project at Mountain View is a residential, mixed -density development located on the north side of Foys Lake Road, a quarter mile west of the City limits. in the southern portion of the City's Growth Policy PLAN -IT 2035. The site is currently vacant land, with large cuts and terracing completed by the previous owner that has left the site unsightly, prone to erosion, and unappealing for the neighbors. The developer feels that this property is well positioned for residential development that can be well integrated into the surrounding neighborhoods and emphasize the open space and connectivity available along Ashley Creek and surrounding recreational amenities. The property's goals are to integrate the lots into an open space system of natural areas and a central park to emphasize pedestrian and bike accessibility, and create a cohesive, community focused lifestyle that connects to and enriches existing systems. A variety of housing types for residents provides options to the community offering a range of units that compliment different sectors and income levels, lifestyles, age groups, and needs. The goals of the development are the following: 1. Planning for a variety of housing sizes and affordability, including single-family residential, townhomes, cottages, and duplex homes. 2. The addition of site amenities such as a large central park and a trail system that connects to the Great Northern Historic Trail and open space adjacent to Ashley Creek. Compatible with protecting the natural environment surrounding Ashley Creek. 3. Access to key transportation routes and outdoor recreation areas including Hwy 93, downtown, the Great Northern Historic Trail, and Lone Pine State Park, and Foys Lake. This development is intended to create additional housing in the Kalispell community in a location suitable for such land use. The traditional neighborhood design includes sidewalks with tree -lined streets, a linked network of open spaces and a central park with playgrounds, pavilions, picnic areas, and a path system along Ashley creek providing connections to the Rails to Trails path system. 431 1 sc Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Mountain View May 17, 2021 Page 2 of 11 b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. It is expected that the project will be phased with the southern portion of the development to the north. The first phase will be accessed by and front Foys Lake Road and would likely begin construction in fall of 2021 and be completed in the fall of 2022. The subsequent phases will move north in a counterclockwise configuration. Phase 2 will be broken into three subphases the first of which would likely begin in spring of 2023. Phase 3 would begin in 2024, and phase 4 in 2025. The fourth phase will require additional water pressure which for the time being is planned for the installation of a booster pump station. The City has long term plans for making a connection to the upper pressure zone, however; it is unclear when this would happen. If this occurred prior to phase 4, the booster pump may not be required, this is further explained in the utilities section of this narrative. A phasing plan is included with this application. C. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; The Mountain View PUD (formerly named Willow Creek), was originally approved in 2007 with Kalispell City Ordinance 1625. On this site the original zoning was slated for R-3 (Urban Single Family Residential) with a PUD overlay. This PUD has since expired. The R-3/PUD zoning originally allowed five deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance, including allowances for lots to be smaller and setbacks to be non-standard, among others. The Mountain View PUD application applies the following variances from the Subdivision Regulations and Zoning Ordinance: a. Minimum lot area = 3500 s.f. for attached townhomes b. Minimum lot width = 35' for alley loaded detached cottage homes. c. Driveway access onto collector streets where alleys are not feasible, to be signed "no parking". d. Block lengths shall be not less than 250 feet or more than 600 feet. Due to the elevation constraints and topography of the site the development proposes a maximum of 10,084 linear feet on the eastern portion of the site, and 200 linear feet on either side of the cottage lots. The increased density over what is allowed within the R-3 zoning district will provide more housing options and opportunities for area residents, in accordance with Growth Policy housing goals. The intent of a PUD is to "provide flexibility of architectural design and density as well as providing the option to mix land uses and densities while preserving and enhancing Mountain View May 17, 2021 Page 3 of 11 the integrity and environmental values of an area." A Housing and Land Use policy within the Growth Policy specifies that medium -density housing developments should be considered with "Single-family homes on lots down to 2,500 square feet". Additionally, the policy includes encouragement that "High -density residential neighborhoods should be developed at densities up to 20 units per acre, with some as high as 40 units per acre. " Allowing this type of design will allow increased density and affordability and is offset by a generous amount of open space and recreational amenities in a walkable district. Per discussions with Kalispell public works, the placement of a collector down the central portion of the site would be the most conducive to future traffic patterns and connectivity of the site. The site grades dictate where this road is feasible as well as where this collector road can be placed. In order to make this collector work with site grades, driveways will need to access portions of this collector street. It is proposed that areas where driveways are required will be signed with "no parking" signs. The block length on the western portion of the site is primarily restricted due to grade. On the western edge, no connections to the development to the west would be feasible due to grades and existing development configuration. Substantial grading efforts (much like the ones being remedied as a part of this development) would be required to make connections to the top of the hill in this location to the east of this road. d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The site plan shows a series of open space/park areas that are linked together by a trail. The larger park along the western side of the project area will include a playground, picnic tables, landscaping, space for a multi -use lawn area, and amenities. This will allow single family, townhome, and cottage lots to front the park and allows access to a large park amenity for the entire project. Flexible space within the central park will allow for residents the opportunity to plan community events and encourage walkability throughout the development. Paths and sidewalks will link the open space network and provide a mile plus loop for recreation and access to the City's trail systems. The open space will be maintained by the Home Owners Association of the development. e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. The project will utilize city of Kalispell sewer and water which are currently located at the southern extents of the property. Mountain View May 17, 2021 Page 4 of 11 SEWER The sewer main will be extended up from Learn Lane to the two entrances of the development and are capable of providing service to the entirety of the development via gravity. The existing gravity sewer main that is being connected to flows to a municipal lift station (lift station #33) owned and operated by the City of Kalispell located in the Lone Pine Trails Subdivision. This lift station currently has capacity to support more than half of the planned development. The pumps at this lift station will need to be upgraded at the completion of Phase 2 or a new lift station will need to be installed to pump wastewater north across Ashley Creek to the West Side Interceptor. WATER There is an existing 14" main located on the north side of Foys Lake Road that can be extended along the north side of Foys Lake Road and into the development. Additionally, there is a 12" main located at the north end of the property on the north side of Ashley Creek that will eventually be extended into the development to loop the system. The major issue the development faces is that due to the site's topography, much of the site will require additional pressure to service it. Based on discussions with City of Kalispell public works and their water facilities plan, this property is slated to be connected to the City's upper pressure zone eventually which will solve the pressure problem for the upper lots. These lots that will be affected by this pressure deficit have been sequestered to phase 4 in an effort to postpone the need for as long as possible. If Phase 4 is planned for development prior to this upper zone being connected, a booster station will be proposed as a temporary measure to bring the Phase 4 Lots online. STORM Stormwater will be collected in the development streets and conveyed to one of several ponds proposed on the site. All ponds proposed will be detention and have stormwater treatment structures installed upstream of the ponds to ensure water quality standards are met. The southern half of the development will be collected, detained, and discharged through an existing culvert to a creek on the south side of Foys Lake Road. Areas on the north side of the hill will be conveyed to their areas detention pond, and discharged to Ashley Creek. All outfalls will be appropriately stabilized to prevent erosion. ACCESS The site is accessed via Foys Lake Road and is bordered by the US-93 bypass which will provide connection to the greater Kalispell area. The two accesses to Foys will be controlled via stop signs. Internally a series of local and collector streets are planned including some private alleys for alley loaded lots. The development currently does not have the ability to connect northward to US -highway 2, but it is being planned for the eventual connection. Future access across Ashley creek will utilize series of concrete box culverts at the center of the property and are traffic rated and capable of supporting a road crossing. A traffic impact Mountain View May 17, 2021 Page 5 of 11 study has been included with this application outlining the impacts of the development to the greater Kalispell transportation system. SCHOOLS The nearest elementary school is Peterson School which is located opposite the US93 Bypass on Meridian Road (approximately 0.7 miles from the site). Flathead Highschool is located about 1 mile from the site. Flathead Community College can be quickly reached via the US93 Bypass and is located approximately 4.1 miles from the property. The development includes sidewalks along all street frontages for pedestrian access, internal trails and parks for recreation along Ashley Creek, and other site amenities such as a playgrounds, sledding hills, multi -use lawn area, community gardens, a variety of seating, and connection to natural elements. The development will be served by School District 5 and is located 1.6 miles west of Kalispell Fire Department on 1st Avenue East. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established. The adjacent neighborhoods are single family residences to the south and west. The planned development is in alignment with the previously approved (and since expired) Willow Creek PUD. The nearest developments to the south is Lone Pine Trails (single family development and to the west the Stoneridge Subdivision, a County single family subdivision. This area is included within the Kalispell Growth Policy given its vicinity to: • The US-93 Bypass (0.0 Miles) • The City of Kalispell/MDT/Rails to Trails multi -use trail system (0.0 Miles) • Lone Pine Park, Valley View Trail Head (0.50 Miles) • Heron Park (3.23 Miles) • Foys Lake (1.74 Miles) • City Downtown Area (1.71 Miles) • Flathead Highschool (1.02 Miles) • Parkline Trail/Kalispell Core Area (0.71 Miles by bike/walk) g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. The plan provides consideration to the character of the neighborhood by aligning with the intent of the Growth Policy and Future Land Use Map, providing a mix of residential uses and densities. The site abuts the US-93 Bypass, the sound of which will be separated utilizing landscape berms and multi -family structures (townhomes and duplexes) which can provide a better economy of scale for blocking sound. The site is located in an area with good transportation connectivity and access to services. It will be connected to Foys Lake Road Mountain View May 17, 2021 Page 6 of 11 which intersects with the US-93 bypass and on/off ramps will begin construction in 2021. In the latter phases of the development, and with the purchase of additional property to the north, roads will be brought through the development to make a connection to US Highway 2. The property is bisected in the north and west by Ashley Creek which will be largely undisturbed by planned development. A trail system will be provided within the Creek's setback. The trail system will also connect at the Southside of Ashley Creek to the Kalispell Rails to Trails system and at the north end of the property. The overall development is aimed at creating a walkable community to accentuate the use of the adjacent trail systems and allow for better pedestrian connectivity to the downtown trail corridor. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how will the impacts of those uses be mitigated. The site is currently surrounded by vacant/agricultural land (northwest), industrial (north) or residential (uses land uses). The eastern side of the property abuts the US 93 bypass, with undeveloped agricultural land on the opposite side of the highway and high density residential of the western downtown neighborhood. The Future Land Use Map generally corresponds with this and shows the following land use adjacencies: • North: Urban Residential/Industrial • South: Suburban Residential • East: High Density Residential The proposed land uses of the subject property of single- and multi -family residential are directly compatible with the 2035 Growth Policy PLAN -IT and similar to the originally approved Willow Creek PUD. The multi -family residential area includes attached duplexes, townhomes, and individual cottage units/clusters. The majority of these dense unit types will be placed on the eastern and southern portion of the property to provide some transition to the existing larger lots on the west. Adjacent properties to the south are developed as single family, but are all on the opposite side of Foys Lake road. Landscape berms will be placed on the eastern perimeter to help mitigate sound from the highway. On the south, a large swath of open space is provided between Foys Lake Road and proposed lots. This will help to provide a safer bicycle and pedestrian access between Foys Lake Road and the development, mitigate road and noise/traffic as well as provide an aesthetically pleasing landscaped area and stormwater mitigation. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. The development plan will meet the Land Use/Housing goal of the 2017 Kalispell Growth Policy which is to "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." Mountain View May 17, 2021 Page 7 of 11 Additionally, the following policies are met through the development: "Land Use/Housing Policies: 1. On larger tracts of land, creative design and a mix of housing types is encouraged within the overall density requirements to create more dynamic neighborhoods, to provide more open space, and to protect sensitive resource areas. 2. Medium -density residential (urban) neighborhoods should be developed at densities between four and twelve dwelling units per acre on an overall site basis. An integrated development plan within an urban neighborhood could include: a. Single-family homes on lots down to 2,500 square feet, b. Zero lot line and patio homes, when accompanied by ample open spaces and common areas, c. Duplexes and triplexes, d. Townhomes; and e. Limited mixed uses. 3. High -density residential neighborhoods should be developed at densities up to 20 units per acre, with some as high as 40 units per acre. An integrated development plan within a high -density neighborhood could include: a. Zero lot line and patio homes, with open spaces and common areas, b. Triplexes and Four-plexes, c. Multi -family, and d. Mixed uses. 4. A variety of housing types and compatible land uses are encouraged in residential areas and should be designed to fit scale and character of the neighborhood. Where necessary, developers should utilize the Planned Unit Development (PUD) process to craft development proposals that are both innovative and creative, while maintaining the integrity and values of the community." Additionally, the policy that notes, "city regulations should maintain incentives to provide for varied affordable housing types" is also met through this development, as the allowance of a PUD with reduced setbacks and lot sizes creates an incentive for varied affordable housing types. This is especially relevant to the cottage clusters being proposed. Mountain View May 17, 2021 Page 8 of 11 Parcel Information Growth Policy Future Land Use ■ Commercial ■ Neighberhhod Commercial Indusiriel ` Urban Mixed Use ' High Density Residential Urban Residential Suburban Residential ` City Airport, GovemmentFacil'rty PubiiclQuasi Public, Openspaca ■ Floodway Figure 1: Growth Policy Future Land Use Map j. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: 1. Total acreage and present zoning classifications; 171.3 Acres currently zoned residential R-3/PUD and Heavy Industrial 1-2. No development is proposed on the industrial properties at this time. This PUD will focus on the tracts south of Ashley Creek, which is approximately 138 acres and zoned R-3 PUD. 2. Zoning classification of all adjoining properties; North: R-1 (County), 1-1 Light Industrial and B-2 (City) West: R-1 (County) East: R-3/PUD in the highway corridor and 1-2 opposite Ashley Creek South: R-1 County and R-2/PUD Mountain View May 17, 2021 Page 9 of 11 3. Density in dwelling units per gross acre; 2.95 Dwelling units per acre (407 units per 138 acres) 4. Location, size, height, and number of stories for buildings and uses proposed for buildings; The lots shone on the site plan include single-family residential homes, one to two stories tall, with a maximum height of 35'. The attached units (two to four unit townhomes), with a maximum height of 35'. Conceptual building renderings and lot layouts are included with this application. The property north of Ashley Creek is not planned for development at this time, but is zoned 1-2 which allows for a maximum height of 60 (or unlimited with conditional use permit). 5. Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; The proposed PUD layout is attached and included with this application. This layout utilizes the City of Kalispell Standard for local and collector streets with 5-foot sidewalk on either side throughout the development, and a 10-foot-wide multi -use path along the frontages of Foys Lake Road. A City of Kalispell Rural Collector section is proposed with an 10-foot-wide multi -use path on the north side. Per discussions with the City of Kalispell, this multi -use path will need to be installed on the subject property to be maintained by the HOA, or it can be an 8 foot sidewalk within the right of way which would also need to be maintained by the HOA per City code. 10 foot wide multi use paths are proposed along Ashley Creek and the north side of the development to connect to the Great Northern Rails To Trails multi use path will be installed with future Phases. A layout of the proposed trail/path network within the PUD is included with the PUD Layout. 6. Vehicle, emergency and pedestrian access, traffic circulation and control; Proposed circulation, access, and control is shown on the site and phasing plans. Each phase is planned with two roads that will be accessible to Foys Lake Road. In the future, a connection may be made to the north onto Highway 2. 7. Location, size, height, color and materials of signs; Subdivision identification sign locations are shown on the plans. Colors and materials are yet to be defined. The site signage will meet the City's requirements as follows: "One sign not to exceed 24 square feet in area or two signs not to exceed 12 square feet each per exclusive entrance to a subdivision or tract. Such signs Mountain View May 17, 2021 Page 10 of 11 shall be restricted to the subdivision or development name and shall not exceed six feet in height." 8. Location and height of fencing and/or screening; No fencing is proposed as a part of the development. Earthen landscape berms will be placed along the eastern perimeter to reduce highway noise and create separation/screening for the residences adjacent to the highway. Fences for lots will meet the following heights as allowed in the current R-3 zoning district: Front: 4' Side: 6.5' Rear: 6.5' Side Corner: 6.5' 9. Location and type of landscaping; Open space and park area are shown on the site plan. Street trees will be included in the six to nine foot boulevards along with landscaping in and along the open space network and entrances. A final landscaping plan will be assembled during the site design phase for review by the City of Kalispell Parks and recreation department. 10. Location and type of open space and common areas; The site plan shows parks and trails along an open space network. The open space network is intended to provide access to the park and open space within the development while allowing residents to access the adjacent multi use path to be installed along Foys Lake Road and Ashley Creek which connects to the greater Kalispell Trail system network. 11. Proposed maintenance of common areas and open space; The Home Owners Association will maintain and manage the common areas and open space. Individual home owners will be responsible for boulevard maintenance per City of Kalispell ordinance. 12. Property boundary locations and setback lines; Property boundaries are shown on the site plan. 13. Special design standards, materials and / or colors; Example renderings of proposed single-family homes and multi family attached homes will be included with the final application. The intent is to provide a variety of units while creating a somewhat unique and varied street frontage. Draft CCRs have been Mountain View May 17, 2021 Page 11 of 11 included with this application with regulations that pertain to the architectural aesthetics for the property. 14. Proposed schedule of completions and phasing of the development, if applicable; It is expected that the project will be phased from south to north with the areas adjacent to Foys Lake Road to be the first phase of the project. This first phase would likely begin construction in fall of 2021 and be completed in the fall of 2022. The next phases would be anticipated to be done each following year, e.g. phase 2 would begin in 2023, phase 3 2024 and so -on. A Phasing diagram has been included with the submittal. 15. Covenants, conditions and restrictions; CC&Rs are in development and will be provided by the owner. A Draft is available in the application, Part "H". 16. Any other information that may be deemed relevant and appropriate to allow for adequate review. This is a PUD application for the property that was previously approved as the Willow Creek PUD; this has subsequently expired. This was approved under City of Kalispell Ordinance No. 1625. I I I I I I I I I � I �. ls I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I --1—L—I— —L LI— I LEGEND WGM q OUP Z a a c� z a a a z z < Lu a w O O > �j z J W LLI o z c 0 O qJ MAY 11, 2021 1 OF 1 PRIVATE ALLEY ....... ..... COTTAGE ALLEY yes LOCALSTREET Is COLLECTOR STREET I ..... LT ..... T' I . . ... ...... ..... T" �IPML lloH,To �Nl MnT�11111L ` wa splL L —1� --ll 111re 1L 10 1111T .......... PRIVATE ALLEY 10 1111T L�A N COTTAGE ALLEY LOCAL STREET COLLECTOR STREET WGM GROUP W z 0 < z C) < Lu co 3: z 0 Lu 0 < 0 Z Q L—UJ < W0— C) z D 0 qJ HAY 11, 2021 1 OF 1 Development Services Department t Avenue Kalispell, MT 59901 IKAILI[SPEILIL 201 a (406) 758 East Phone (406) 758-7940 MAJOR SUBDIVISION PRELIMINARY PLAT Email: planning(Qkalispell.com Website: www.kalispell.com Project Name Mountain View Property Address 964 Foys Lake Rd, Kalispell, MT 59901 NAME OF APPLICANT Bison Hill, LLC Applicant Phone 406-425-1394 I Applicant Address 970 W BROADWAY, #446 SUITE E City, State, Zip Jackson, Wyoming, 83002 Applicant Email Address gschnell@tetonlanddevelopment.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Bison Hill, LLC Attn: Gary Schnell Owner Phone I 406-425-1394 Owner Address 970 W BROADWAY, Box 30,000, Suite E, #446 City, State, Zip Jackson, Wyoming, 83002 Owner Email Address gschnell@tetonlanddevelopment.com CONSULTANT (ARCH ITECTIENGINEER) WGM Group Phone 406-756-4848 I Address 431 1 st Ave. West City, State, Zip I Kalispell, MT, 59901 Email Address mbrodie@wgmgroup.com rspear@wgmgroup.com POINT OF CONTACT FOR REVIEW COMMENTS Mike Brodie Phone 360-689-7535 Address 431 1 st Ave. West City, State, Zip Kalispell, MT, 59901 Email Address mbrodie@wgmgroup.com List ALL owners (any individual or other entity with an ownership interest in the property): Teton Land Development, LLC- Gary Schnell Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): See attached application, Section B M B Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. KAILI[SPEILIL GENERAL DESCRIPTION OF SUBDIVISION: Number of lots or rental spaces 407 Total Acreage in lots 55.84 Total Acreage in streets or roads 25.10 Total acreage in parks, open spaces and/or common spaces 38.63 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Total Acreage in subdivision 131.81 Minimum size of lots or spaces 3500 SF (Duplex) Maximum size of lots or spaces 26,453 SF Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 Single Family 225 units Townhouse 92 Mobile home/RV Park Duplex- 74 units, Cottages- 16 units Commercial/Industrial Multi -family Other Duplex-74 units, Cottages- 16 units APPLICABLE ZONING DESIGNATION & DISTRICT: ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS: PROPOSED EROSION/SEDIMENT CONTROL: ARE ANY SUBDIVISION VARIANCES REQUESTED? Yes (YES/NO) If yes please complete a separate subdivision variance application APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board hearing) A pre -application meeting with the planning staff is required. 1. Completed preliminary plat application 2. Copy of pre -application meeting form and any required submittals listed on the form 3. One reproducible set of supplemental information. (See appendix A of the Subdivision Regulations) 4. One reduced size copy of the preliminary plat not to exceed 11 "x17" in size 5. Electronic copy of the application materials, including the preliminary plat, either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property 'Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 7. Environmental Assessment (see appendix B in subdivision regulations) if applicable. 8. Application fee based on the schedule below made payable to the City of Kalispell: Major Subdivision $1,000 + $125 per lot Major Subdivision Resubmittal $1,000 for each original lot unchanged add add $10 per lot for each lot re-designed/added add add $125 per lot Mobile Home Parks & Campgrounds 6 more more spaces $1,000 + $250 per space 5 or fewer spaces $400 + $125 per space Amended Preliminary Plat amendment to conditions only $400 base fee re -configured proposed lots base fee + $40 per lot add additional lots or sublots base fee + $125 per lot I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that an approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. �5_- 2 re Mountain View PUD Ph.- 1- Park A,.. WGMGROUP /Pt Mountain View PUD 'Y' 0 Perspective from Road 0 WGM spa/n IN MA 1V ��i^ v ��� 11 1 1 1 ���� A�gV `�j WGMGROUP m1 T A. _ __ r= � V A PHASE 1 DUPLEX LOT SUMMARY PHASE 1 DUPLEX LOT SUMMARY PHASE 1 TOWNHOME LOT SUMMARY PHASE 1 70WNHOME LOT SUMMARY PHASE 1 SINGLE FAMILY LOT SUMMARY —E ((so rnA (Ara[s1A rv,w,E ((A. R)A (Aca[s1A rvAUE LIT R, TH (AAX LIT E" "-E LIT fm IT1A (ArLIT E" rvnuc LRs rnA (A.LIT 'E" Q a PHASE 1 INFORMATION Q z_ a a J 0 uw z w 0 z Z J 0 UJ O z U a Y �Ea ,aooao ooA ,a� ,00000 APRIL s, 2021 1 OF 4 ,- ,� � ,,,� �: /\� y .ter„ \\��f •• o r o - ------------ ---------------- ---_----------- - _ _-- --- - -- -- ----------------- ---- _-- — -------- — - — - --- — I I I I N I I I I I I I .�� � WGMGROUP a J z a z a J � W ?� z a w 0 w z z J o a Lu W -- d (n z d � Y APRIL 5, 2021 2 OF 4 . w. .w . w. . . . . . . . . a. ------------ ---------------------- -------------------- ------------ _____________ --- ---- - ------------ - ----------------- ------------ ---------- - - ----------- ------- - - - - - - - - - - ---------- WGMvMA GROUP APRIL 5, 2021 3 OF 4 ---r-- ---T= -----T--�-- -- ---'i 7---� --T r-- � g o ,s _— _—_sue—__--_—_—_ — _ _— �_�_ —— — _ — v WGMGROUP I a a L w O r > o z z J r a d a APRIL 5, 2021 4 OF 4 N ter/ I I I tI I I I I I I I I I L L_I_1_LL_L_I_1_L PARCEL LINE AND CURVE SEGMENTS a / IETA QWGMGROUI V) Q Z Z O Q 0 Z r Z w O O > " U Z ZuJ d O J W � Y o APRIL 5, 2021 1 OF 1 N .MA WGMGROUP n ? °T z a w O I I I I I I I I __ _LJ_1_LL_LJ_1_L A LLI --- --�V O Q w w z a i r---�--- \ L ----- - < � 0 a Y a APRIL 5, 2021 1 OF 1 1,& Kalispell Growth Policy Exhibit -April 22nd, 2021 NORTH Assessor# 0662950 Commercial Neighborhhod Commercial - Industrial - Urban Mixed Use - High Density Residential Urban Residential Suburban Residential . City Airport -Gov. Public/Quasi Public, Openspace Floodway ® sp Industrial J Urban Residentia High Density Residential Suburban Residential Commercial APPLEWAY DR Ir�r 1 Posw r O 1 W_ 7W, 7 d"r /� Urban Mix 2ND ST W Use ALLEY 3RD ST W k71% lL kk� 11 /- , Date: April 22nd, 2021 CMOF Kalispell Planning Dept. o 500 1,o FilePath: J\2021\04212021 KALISPELL Feet ,& Kalispell Zoning Exhibit -April 22nd, 2021 NORTH Assessor# 0662950 V I \ III -1/. UPW` Mwqft�mm z J J a 1-1 W Z FISHTAIL DR 1�l ' B-2 �pops l,w, N1ER s� GE i B-1 5- 2 DST W a -�. w 4�WtS� W\ 51N-S� W' 61NS-v / il=Sl IStTH SIT ® Subject Property . Neighborhood Business . Residential ■ Residential/Professional Office ■ Central Business ■ Residential Apartment - Residential Apartment/Office - General Business - Core Area Business Residential Public Date: April 22nd, 2021Kalispell Planning Dept. FilePath: J\2021\04212021 KALISPELL o soo t,000 Feet FWP, MT.GOV City of Kalispell Planning Board PJ Sorensen, Senior Planner 201 1st Ave E. Kalispell, MT 59901 (406) 758-7940 psorensen@kalispell.com RE: KPUD-21-01 & KPP-21-02 Mountain View PUD Dear Mr. Sorensen, THE OUTSIDE IS IN US ALL. Region One 490 North Meridian Road Kalispell, MT 59901 (406) 752-5501 Ref: 14-05-06 May 6, 2021 Thank you for the opportunity to comment on the proposed Mountain View Subdivision. This subdivision would result in over 400 residential units along an undeveloped section of Ashley Creek including an abandoned historic channel. This proposed subdivision will have impacts on wildlife habitat, wildlife movement, as well as stream water quality and possibly aquatic resources. In addition, the development of so many residential units and proximity to Ashley Creek will result in increased human/wildlife conflicts, primarily in the form of deer and black bear conflicts. The proposed area of development includes upland grasslands/previous agricultural fields, as well as a relatively undisturbed forested riparian zone along Ashley creek. At present, the stream banks in this area have relatively healthy riparian vegetation including riparian shrubs. This natural vegetation allows for the highly stable stream banks, creates habitat for many fish and wildlife species, and provides a natural setting. As this area develops, it is important that these resources are maintained and protected. Building setbacks and vegetated buffers are means of protecting riparian areas, fish and wildlife habitat, and water quality. Generally, the wider the widths of setbacks and buffers the more resource protection they provide. For a stream the size of Ashley Creek, we generally recommend, at a minimum, 200-foot building setbacks with at least the first 75 feet adjacent the stream in protected natural vegetation; it appears that the proposal does include these setbacks. These widths will help filter pollutants, such as fertilizers and petroleum products that come from the upland development. Within this setback, a trail system is proposed; however, we recommend putting this trail outside the 200 feet proposed buffer. With the magnitude of this development, we would anticipate a high degree of people accessing the stream corridor via this trail, resulting in increased impacts to the stream and stream bank. Deterring the volume of anticipated use is recommended. Please reconsider putting the trail outside this buffer. The proposed homeowner's park along all of Ashley Creek is a good plan. This will allow uniform and consistent management and protection of the stream and floodplain resources. It will also eliminate the potential for vegetation removal, grazing, and other land uses that would degrade the riparian zone, stream banks, habitat values, and water quality. Currently, Ashley Creek is a stream in the Flathead Lake Drainage listed as having impaired water quality on the EPA 303d list (including Temperature, Sedimentation, Nitrogen and Phosphorus). The Flathead Basin Commission has helped guide and implement numerous stream restoration projects along the stream to help improve water quality. Many of these restoration and revegetation projects have been expensive indicating that prevention of riparian disturbance is more cost effective than restoration. Please remember that any improvement/replacement of the existing stream crossing will require additional permitting; as will any other crossings not proposed in this application. Due to the sheer volume of people who will inhabit this development, we anticipate an increase in human -wildlife conflicts. White-tailed deer are common and are attracted to ornamental plants in subdivisions. Black bears use Ashley Creek as a movement corridor and will be drawn into the subdivision due to attractants, such as fruit bearing trees, garbage, birdfeeders, chickens, and pet food. The following conditions are recommended to minimize problems that future homeowners could have with wildlife, as well as help those individuals protect themselves, their property, and the wildlife. I recommend that all future property owners in this subdivision be made aware of the potential for wildlife conflicts and be given a copy of the following information. Future homeowners need to be aware that FWP cannot respond to all wildlife problems, and it is the homeowner's responsibility to avoid such problems. We recommend that the developer adopt the following covenants to mitigate human -wildlife conflicts. a) Homeowners must be aware of the potential for vegetation damage by wildlife, particularly from deer feeding on lawns, gardens, flowers, ornamental shrubs, and trees in this subdivision. Homeowners need to take the responsibility to plant non -palatable vegetation or protect their vegetation (fencing, netting, repellents) in order to avoid problems. Landscape plantings of certain species of native vegetation are less likely to suffer extensive feeding damage by deer. We recommend the excellent booklet Minimizing Deer Damage to Residential Plantings, put out by the Montana State University Animal & Range Sciences Extension Service and available online at: http://www.animalrangeextension.montana.edu/articles/wildlife/deer damage.html. b) Fruit -producing trees and shrubs should not be allowed because they attract bears. If present they must be fenced with electric fencing to deter bears. Keep produce and any fruit picked and off the ground. Ripe or rotting fruit or vegetable material attracts bears, deer, skunks, and other wildlife. To help keep wildlife such as deer out of gardens, fences should be 8 feet or taller, or electric fences utilized. c) Garbage must be stored either in secure, bear -resistant containers or indoors, preferably both, to avoid attracting wildlife such as bears and raccoons. If stored indoors, garbage cans may not be set out until the morning of garbage pickup and must be brought in no later than that same evening. If home sites are occupied seasonally or if the occupants are to be away from the household for 7 days or more, garbage from the home, other buildings, or containers must be removed from the property prior to their departure. d) Do not feed wildlife or offer supplements such as salt or mineral blocks, attractants, or bait for deer or other wildlife. Feeding wildlife results in unnatural concentrations of animals that can lead to overuse of vegetation, disease transmission, and other adverse effects to wildlife (such as foundering of deer). Such actions unnecessarily accustom wild animals to humans, which can be dangerous for both. It is against state law (MCA 87-6-216) to purposely or knowingly attract ungulates, bears, or mountain lions with supplemental food attractants (any food, garbage, salt block, hay, grain, or other attractant for game animals) or to provide supplemental feed attractants in a manner that results in "an artificial concentration of game animals that may potentially contribute to the transmission of disease or that constitutes a threat to public safety." Also, homeowners must be aware that deer often attract mountain lions to the area. e) Birdseed is an attractant to bears, deer, and turkeys. Use of bird feeders should be discouraged from April 1 through November 30. f) Pets at large, particularly dogs and cats, are a real threat to wildlife. Pets must be confined to the house, a fenced yard, or an outdoor kennel when not under the immediate control of the owner, and not allowed to roam. Under state law it is illegal for dogs to chase hoofed game animals (MCA 87-6- 404 1b). Keeping pets confined also helps protect them from predatory wildlife. We recommend the FWP brochure Living with Dogs & Cats. g) Pet food must be stored indoors, in closed sheds, or in bear -resistant containers to avoid attracting wildlife such as bears, mountain lions, skunks, and other wildlife. When feeding pets, do not leave food out overnight. h) Barbecue grills must be stored indoors, and permanent outdoor barbecue grills should be cleaned thoroughly after each use. Food spills and smells on and near the grill attract bears and other wildlife. i) Fencing of lot boundaries is discouraged. If used, rail or smooth wire fences will be erected that are no higher than 40" at the top rail/wire and no lower than 18" at the bottom rail/wire to facilitate wildlife movement and help avoid animals becoming ensnared and killed by the fence or injuring themselves when trying to jump the fence. Please refer to the helpful booklet on wildlife friendly fences available from FWP called "A Landowner's Guide to Wildlife Friendly Fences". j) Compost piles and beehives attract bears and if permitted, must be fenced with electric fencing. k) Domestic animals such as horses, cattle, pigs, sheep, goats, llama, poultry, etc. (including those kept as 4H projects), can attract bears, mountain lions, and coyotes. Animals must be housed with this in mind, and livestock feeds, especially grain -related, must be fed in a manner that does not allow deer or bears to have access to them. We appreciate the opportunity to comment on this proposal. Please contact us if you have any questions. Best regards, /s/Jessy Coltrane Jessy Coltrane, PhD Kalispell Wildlife Biologist (406) 751-4584 Coltrane@mt.gov /s/ Mike Hensler Mike Hensler Fisheries Program Manager (406) 751-4550 mhensler@mt.gov