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E3. Ord. 1864, Parkland Meadows Second ReadingKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1864 — Second Reading — Parkland Meadows — Initial Zoning and Planned Unit Development MEETING DATE: October 18, 2021 BACKGROUND: G23 Properties, LLC has submitted an application for the Parkland Meadows Planned Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 38.4 acres of land at the northeast corner of Airport Road and Cemetery Road. The proposal includes annexation of the property, initial zoning of RA-1 (Residential Apartment) on approximately 31.1 acres, and initial zoning of B-1 (Neighborhood Business) on approximately 7.1 acres, as well as major preliminary plat approval for the development (the annexation and preliminary plat were approved at the October 4, 2021, Council meeting). The PUD calls for a total of 480 dwelling units in the RA-1 area as well as development which may occur within the B-1 area consistent with that zoning. The preliminary plat encompasses the entire PUD and includes 7 RA-1 lots and 7 B-1 lots. The property can be described as Assessor's Tracts 13D, 13E and 6J located in the SW1/4 of Section 20 and the NW1/4 of Section 29, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. The Kalispell City Council, at their meeting on October 4, 2021, approved the first reading of Ordinance 1864 unanimously. RECOMMENDATION: INITIAL ZONING AND PLANNED UNIT DEVELOPMENT: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1864, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property described as Assessor's Tracts 13D, 13E and 6J located in the Southwest Quarter of Section 20 and the Northwest Quarter of Section 29, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, as RA-1 (Residential Apartment) and B-1 (Neighborhood Business), and applying a Residential Mixed Use Planned Unit Development Zoning Overlay subject to 41 conditions 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: Ordinance 1864 September 14, 2021, Kalispell Planning Board Minutes Staff Report (Amended) Linked Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1864 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO BE KNOWN AS PARKLAND MEADOWS PLANNED UNIT DEVELOPMENT, OVER CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 13D, 13E AND 6J LOCATED IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, G23 Properties, LLC, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned RA-1 and B-1 with a Planned Unit Development overlay to be known as Parkland Meadows PUD, on approximately 38.4 acres of land; and WHEREAS, the property is currently zoned County SAG-10, Suburban Agricultural, and is located near the corner of Airport Road and Cemetery Road to the north of the Highway 93 Bypass interchange; and WHEREAS, the petition of G23 Properties, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-21-03, 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 a Public Hearing on the matter on September 14, 2021 and recommended that a Planned Unit Development overlay be attached to approximately 38.4 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-21-03. 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 G23 Properties, LLC upon the real property described above is hereby approved subject to the following conditions: The Planned Unit Development for Parkland Meadows allows the following deviation from the Zoning Regulations: (1) Minimum lot size: Sec 27.09.040(1) — Minimum lot size per unit as shown on the submitted plans. 2. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD/zone change becomes effective. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. The preliminary plat approval shall be valid for a period of three years from the date of approval. 9. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. An access to the sewer lift station from Cemetery Road or another route acceptable to Public Works shall be required. The lift station shall be placed within a utility lot to be created for that purpose. 16. 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. 17. While the traffic impact study did not indicate any specific required improvements, any improvements necessary to maintain the existing level of service will be required. All improvements shall be reviewed and approved by the Public Works Department. 18. Access to the B-1 areas off of Airport and Cemetery Roads shall be from the internal street network rather than the external streets. 19. The design shall include at least two pedestrian connections providing access from the area generally near the intersection of Airport Road and Cemetery Road into the development. 20. The development's frontages on Airport Road and Cemetery Road will need to be improved in accordance with City Design and Construction Standards. Airport Road will need to be upgraded to a Minor Arterial standard and Cemetery Road to a Major Collector standard. Improvements may include widening the road surface if necessary to meet those standards and any dedications necessary to provide the specified width. The improvements may be phased with the improvements to be installed across the frontage of each phase of the subdivision. 21. The applicant shall be required to receive approval from the Montana Department of Transportation for access onto Airport Road and will also need to ensure the future Bypass/Airport Road interchange is taken into account with this development. Adjustments to the lot configurations or building layouts may be necessary, as may dedication of additional right-of-way. 22. The north -south road intersecting with Cemetery Road shall be constructed as a minor collector street, and the other internal streets shall be constructed to a local standard. The roundabout and entry median islands are subject to further review during the engineering design. 23. Temporary turnarounds will be required at the two road extensions to the north until such time as a connection is made. 24. Under the subdivision regulations, a second full access is required when 100 or more residential dwelling units are being served. Section 28.3.13(E)(2). The Phase 1 plan shows 72 units plus the B-1 area. Phase 2 shows 120 units. As part of Phase 2, the access to Cemetery Road shall be constructed. The construction of the access may be accelerated, however, depending upon the development of the B-1 lots in Phase 1. 25. The recommendations in the Geotech report shall be followed, including providing additional specific Geotech reports related to buildings and other site improvements, which are to be reviewed and accepted by the City of Kalispell prior to construction. 26. The 200-foot setback from Ashley Creek shall be provided for in the final design (Section 28.3.07 Kalispell Subdivision Regulations). Within that setback, which is measured from the ordinary high-water mark, any uses shall be limited to those outlined in the regulations. 27. 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. 28. 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. 29. Prior to any construction, the precise location of the floodplain shall be established with a stamped survey. Lot dimensions, configurations, and site development may need to be adjusted based on the survey, and the number of units may be decreased accordingly. 30. If any fencing is to be constructed as part of the development, it shall comply with height and location zoning standards and should be a consistent design throughout the development. Any fencing will be required to be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. 31. 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 32. 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. 33. 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 and alleys 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. 34. 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. 35. 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. 36. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for each phase. 37. 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. 38. 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. 39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 40. 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. 41. 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 18TH DAY OF OCTOBER, 2021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" Subdivision Boundary Legal: A Tract of land located in the southwest quarter of Section 20, and the northwest quarter of Section 29, township 28 north, Range 21 West, P.M., M., Flathead County, Montana and more particularly described as follows: Beginning at the northwest corner of Parcel B as shown on Certificate of Survey No. 19227, records of Flathead County, Montana; thence S85°43'54"E, a distance of 1024.15 feet; Thence NO2°36'20"E, a distance of 268.83 feet; thence S89°17'39"E, a distance of 343.75 feet; Thence S03°03'37"E, a distance of 242.71 feet; thence S89°37'43"W, a distance of 14.02 feet; Thence S09°36'53"E, a distance of 513.48 feet; thence S31°07'41"W, a distance of 292.78 feet; Thence S05°03'08"W, a distance of 559.66 feet to the south line of the northeast quarter of the northwest quarter of Section 29; thence on and along said south line N89°19'58"W, a distance of 298.37 feet; thence leaving said south line N00°37'56"E, a distance of 30.00 feet to a point on the northerly right-of-way of Cemetery Road; Thence on and along said right-of-way the following six (6) courses: 1) N58°14'22"W, a distance of 96.16 feet; 2) N89°39'00"W, a distance of 114.34 feet; 3) Along a non -tangent 1392.81 foot radius curve to the left, with center bearing S00°20'38"W, an arc distance of 195.11 feet; 4) S89°58'25"W, a distance of 73.01 feet; 5) S82°22'17"W, a distance of 220.78 feet; 6) N72°08'06"W, a distance of 74.90 feet to a point on the easterly right-of-way of Airport Road; Thence on and along said right-of-way the following seven (7) courses: 1) Along a non -tangent 787.82 foot radius curve to the left, with center bearing N79°19'59"W, an arc distance of 227.07 feet; 2) N17°36'52"W, a distance of 198.67 feet; 3) N13°43'31"W, a distance of 180.11 feet; 4) N13'11'll"W, a distance of 128.21 feet; 5) Along a non -tangent 2189.48 foot radius curve to the right, with center bearing N77°55'36"E, an arc distance of 404.79 feet; 6) N17°01'16"W, a distance of 134.17 feet; 7) N00°03'06"E, a distance of 57.85 feet to the Point of Beginning. This Tract contains 38.41 acres subject to and together with all appurtenant easements of record. Zoning Area Descriptions: NW B-1 Zone: Beginning at the northwest corner of Parcel B as shown on Certificate of Survey No. 19227, records of Flathead County, Montana; thence S00°03'06"W, a distance of 57.85 feet; Thence S17°O1'16"E, a distance of 134.17 feet; Thence along a non -tangent 2189.48 foot curve to the left, with center bearing S88°31'10"W, an arc distance of 294.77 feet; Thence N80°50'17"E, a distance of 418.87 feet, thence N09°09'43"W, a distance of 227.87 feet; Thence along a 300 foot curve to the right, with center bearing S80°50'17"W, an arc distance of 69.12 feet; Thence N04°02'19"E, a distance of 85.74 feet; thence N85°43'54"W, a distance of 448.06 feet to the point of beginning. This area contains 4.15 acres. SE B-1 Zone: Commencing at the northwest corner of Parcel B as shown on Certificate of Survey No. 19227, records of Flathead County, Montana; Thence S85°43'54"W, a distance of 448.06 feet; Thence NO2°36'20"E, a distance of 268.83 feet; thence S89°17'39"E, a distance of 343.75 feet; Thence S03°03'37"E, a distance of 242.71 feet; thence S89°37'43"W, a distance of 14.02 feet; Thence S09°36'53"E, a distance of 513.48 feet; thence S31°07'41"W, a distance of 292.78 feet; Thence S05°03'08"W, a distance of 316.38 feet and being the true point of beginning; Thence S87°35'30"W, a distance of 241.16 feet; Thence NO2°10'12"E, a distance of 82.27 feet; Thence S87°49'15"E, a distance of 65 feet; Thence along a 320 foot curve to the right, with a center bearing of S02°10'45"W, an arc distance of 85.81 feet; Thence S42°03'03"W, a distance of 216.05; Thence SO1°15'39"E, a distance of 107.86; Thence S89°39'00"E, a distance of 114.63 feet; Thence S58°14'22"E, a distance of 96.16 feet; Thence S89°20'27"E, a distance of 300.69 feet; Thence N05°03'08"E, a distance of 213.16 feet to the true point of beginning. This area contains 2.92 acres. RA-1 Zone: Commencing at the northwest corner of Parcel B as shown on Certificate of Survey No. 19227, records of Flathead County, Montana; Thence S85°43'54"W, a distance of 448.06 feet and being the true point of beginning; Thence NO2°36'20"E, a distance of 268.83 feet; thence S89°17'39"E, a distance of 343.75 feet; Thence S03°03'37"E, a distance of 242.71 feet; thence S89°37'43"W, a distance of 14.02 feet; Thence S09°36'53"E, a distance of 513.48 feet; thence S31°07'41"W, a distance of 292.78 feet; Thence S05°03'08"W, a distance of 316.38 feet; Thence S87°35'30"W, a distance of 241.16 feet; Thence NO2°10'12"E, a distance of 82.27 feet; Thence S87°49'15"E, a distance of 65 feet; Thence along a 320 foot curve to the right, with a center bearing of S02° 10'45"W, an arc distance of 85.81 feet; Thence S42°03'03"W, a distance of 216.05; Thence SO1°15'39"E, a distance of 107.86; Thence along a 1402.30 foot non -tangent curve to the left with a center bearing of NO1°15'59"W, an arc distance of 156.51 feet; Thence S82°22'17"W, a distance of 220.78 feet; Thence N72°08'06"W, a distance of 74.90 feet; Thence along a 787.82 foot non- tangent curve to the left with a center bearing of S79° 19'59"W, an arc distance of 227.07 feet; Thence N17°36'53"W, a distance of 198.67 feet; Thence N13°40'27"W, a distance of 199.01 feet; Thence N13°11'12"W, a distance of 190.30 feet; Thence along a 2189.48 foot curve to the right with a center bearing of S77°55'36"W, an arc distance of 110.01 feet; Thence N80°50' 17"E, a distance of 418.87 feet; Thence N09°09'43"W, a distance of 227.87 feet; Thence along a 300 foot curve to the right with a center bearing of S80°50' 17"W, an are distance of 69.12 feet; Thence N04°02'19"W, a distance of 85.74 feet to the true point of beginning. This area contains 31.12 acres. KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 14, 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 (zoom), Joshua Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Vomfell seconded a motion to approve the minutes of the August 10, 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. BOARD MEMBER SEATED Rory Young recused himself. KA-21-04/KPUD-21-03/KPP-21-07 A request from G23 Properties, LLC for the Parkland Meadows Planned PARKLAND MEADOWS Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 38.4 acres of land at the northeast corner of Airport Road and Cemetery Road. The proposal includes annexation of the property, initial zoning of RA-1 (Residential Apartment) on approximately 31.1 acres, and initial zoning of B-1 (Neighborhood Business) on approximately 7.1 acres, as well as major preliminary plat approval for the development. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-21-04, #KPUD-21-03 and #KPP-21-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be approved as detailed herein, with approximately 31.1 acres to be zoned RA-1 (Residential Apartment), and approximately 7.1 acres that will be zoned B-1 (Neighborhood Business), with a PUD overlay on the entire property. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-03 as findings of fact and recommend to the Kalispell City Council that the PUD for Parkland Meadows be approved subject to the conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Parkland Meadows be approved subject to the conditions listed in the staff report. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Pagel Sorensen noted that there is a typo in Condition #1 and that staff is proposing an amendment be made to change it to read: The Planned Unit Development for Parkland Meadows allows the following deviation from the Zoning Regulations: (1) Minimum lot size: Sec 27.09.040(1) — Minimum lot size per unit as shown on the submitted plans. BOARD DISCUSSION None. PUBLIC HEARING Karissa Prewitt — 387 Cemetery Rd. — Concerned with impacts on her hay field and livestock as well as the increased traffic on Cemetery Rd. Jason Prewitt — 387 Cemetery Rd. — Asked about any proposed boundary wall to separate his property from the subdivision. Tim Wise — 2097 Airport Rd. — Concerned with proposed density, increased traffic and additional noise and the impacts on his farm. He is also concerned with the fly zone for the airport and feels the subdivision should be a no -fly zone. Toby McIntosh — 2250 Hwy 93 South — Jackola Engineering — representative for applicant, offered to answer any questions. MOTION — KA-21-04 Vomfell moved and Kauffman seconded a motion that the Kalispell City ANNEXATION Planning Board and Zoning Commission adopt amended Staff Report #KA-21-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be approved as detailed herein, with approximately 31.1 acres to be zoned RA -I (Residential Apartment), and approximately 7.1 acres that will be zoned B-I (Neighborhood Business), with a PUD overlay on the entire property. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-03 Kauffinan moved and Vomfell seconded a motion that the Kalispell City PLANNED UNIT DEVELOPMENT Planning Board and Zoning Commission adopt amended Staff Report #KPUD-21-03 as findings of fact and recommend to the Kalispell City Council that the PUD for Parkland Meadows be approved subject to the proposed conditions, as amended, listed in the staff report. BOARD DISCUSSION Graham inquired about the no -fly zone concerns mentioned during public comment. He asked staff to speak to how the review process works. Sorensen noted that when it comes to the airport there is something referred to as the airport affected area that is tied into the city zoning ordinance and is based off the FAA model ordinance. This is used to review the fly zone and if changes need to be made. Board discussed other public concerns regarding Cemetery Rd, increased traffic, proposed screening of subdivision from neighboring Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 12 properties. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-21-07 Vomfell moved and Kauffinan seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt amended staff report #KPP-21-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Parkland Meadows be approved subject to the proposed conditions, as amended, listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Rory Young re -seated. KZC-21-0I/KPUD-21-02/KPP-21-06 A request from Kilday & Stratton for the Starling Phases 1-8 Planned STARLING PHASES 1-8 Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 58.0 acres of land on the west side of Stillwater Road to the west of Timberwolf Parkway. The property was previously annexed with an R-3 (Residential) underlying zone and has an expired PUD overlay over the full section of land. This proposal would rezone the 58.0 acres to RA-1 (Residential Apartment) with a new PUD overlay for the subject property. The proposal includes a proposed preliminary plat for Phases 1-3 of the project, which encompasses 20.84 acres of land. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-21-01, #KPUD-21-02 and #KPP-21-06. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-01 as findings of fact and recommend to the Kalispell City Council that the zoning for the entire 58.0 acres of the property be changed from R-3 (Residential) to RA-1 (Residential Apartment), with a PUD overlay. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-02 as findings of fact and recommend to the Kalispell City Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed subdivision access, sidewalk along Stillwater Rd and lot sizes. PUBLIC HEARING Greg Stratton — 2880 Technology Blvd West — Applicant for project, offered to answer questions for the board. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page13 MOTION — KZC-21-01 Kauffman moved and Borgardt seconded a motion that the Kalispell City ZONE CHANGE Planning Board and Zoning Commission adopt Staff Report #KZC-21- 01 as findings of fact and recommend to the Kalispell City Council that the zoning for the entire 58.0 acres of the property be changed from R-3 (Residential) to RA-1 (Residential Apartment), with a PUD overlay. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-02 Skees moved and Borgardt seconded a motion that the Kalispell City PLANNED UNIT DEVELOPMENT Planning Board and Zoning Commission adopt Staff Report #KPUD-21- 02 as findings of fact and recommend to the Kalispell City Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham noted for the public that the reason there is not always a lot of discussion on these large PUD's is because most discussion is done at the Work Session. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-21-06 Vomfell moved and Kauffman seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KZTA-21-03 — MARIJUANA A request from the City of Kalispell for a zoning text amendment DISPENSARIES specifying appropriate zones, criteria and definitions for marijuana dispensaries, cultivation, and processing. The text amendment is necessary to address recent changes in state law which will become effective at the end of the year. The proposal would add new use categories for marijuana dispensaries, marijuana cultivation, and marijuana manufacturing, along with related definitions. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KZTA-21-03. Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Board discussed parking requirements as well as use requirements. Skees noted for the public that this item has been through numerous work sessions. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 14 PUBLIC HEARING None. MOTION Kauffman moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Vomfell noted that he believes that restrictions on dispensaries should be no different than liquor stores, and does not support the administrative CUP or additional buffering requirements. ROLL CALL Motion passed 6-1 on a roll call vote (Vomfell voted against). OLD BUSINESS Staff updated board on recent City Council approvals. NEW BUSINESS Staff updated board on the October 12t1i Planning Board Agenda. ADJOURNMENT The meeting adjourned at approximately 7:37pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 15 PARKLAND MEADOWS PUD (AMENDED) ANNEXATION/INTIAL ZONING - STAFF REPORT #KA-21-04 PLANNED UNIT DEVELOPMENT - STAFF REPORT #KPUD-21-03 MAJOR SUBDIVISION - STAFF REPORT #KPP-21-07 KALISPELL PLANNING DEPARTMENT SEPTEMBER 8, 2021 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from G23 Properties, LLC for annexation, initial zoning, a Planned Unit Development (PUD) overlay, and major preliminary plat on approximately 38.4 acres. A public hearing has been scheduled before the Planning Board for September 14, 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 G23 Properties, LLC has submitted an application for the Parkland Meadows Planned Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 38.4 acres of land at the northeast corner of Airport Road and Cemetery Road. The proposal includes annexation of the property, initial zoning of RA-1 (Residential Apartment) on approximately 31.1 acres, and initial zoning of B-1 (Neighborhood Business) on approximately 7.1 acres, as well as major preliminary plat approval for the development. The PUD calls for a total of 480 dwelling units in the RA-1 area as well as development which may occur within the B-1 area consistent with that zoning. The preliminary plat encompasses the entire PUD and includes 7 RA-1 lots and 7 B-1 lots. A: Applicant: G23 Properties, LLC PO Box 1432 Bigfork, MT 59911 B: Location: The property is located at the northeast corner of the intersection of Airport Road and Cemetery Road and can be described as Assessor's Tracts 13D, 13E and W located in the SW 1/4 of Section 20 and the NW 1/4 of Section 29, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. 1 C: Existing Land Use and Zoning: The subject property is currently vacant, but has a history of agricultural use as farmland. The current zoning for the property is county SAG-10 (Suburban Agricultural), which is intended to "provide and preserve agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate -type residential development." Kalispell Zoning Exhibit- July 12th, 2021 wam» Airport Rd - Tracts 13E, 13E & 6J ® Bubject PFWenY Wighhahwd Busness Residendal - ResidendaliP,ofessional o ffim - Central Business - ResidendalAparrnment - ResidenbalAparN�entlOiFce - Gen i Busness - Cma Area Business Rest le " Public Date: J* 1211h, 2021 FlePath: J=2 IC7122021 F7 COUNTY Kalispell Developiwnt Services TT a T rnr . r D 40D aw D. Size: The subject property is approximately 38.4 acres. E: Adjacent Zoning: North: City P-I/County SAG-10 East: County SAG-10 and I-1 South: County SAG-10 West: County I-1 and R-1 F: Adjacent Land Uses: North: Elementary school; undeveloped future school site East: Industrial; gravel pit South: Single-family; wrecking yard; undeveloped West: Wrecking yard; single- family; mobile home park 2 G. Proposed Zoning: The proposed zoning of the property is RA-1 (Residential Apartment) and B-1 (Neighborhood Business) with a PUD overlay. The RA-1 zone would encompass about 31.1 acres and the B-1 would consist of about 7.1 acres. PROPMEDZONING EXHIM ,e,.ea*e u�savn H: General Land Use Character: The subject property is near the corner of Airport Road and Cemetery Road just to the north of the Highway 93 Bypass interchange with Airport Road. It is located in an area transitioning into more rural development from city single- family and multi -family residential uses a short distance to the north. In the immediate area, the predominant uses are Rankin Elementary, which is a new elementary school, and a wrecking yard, as well as a gravel pit to the east. Two significant features of the area are Ashley Creek, which is adjacent to the property, and the Bypass. Additionally, to the south of Rankin and just to the north of this property, there is a site for a future middle school. 3 I: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential, High Density Residential and Neighborhood Commercial. The proposed RA-1 zone is supported by both the Urban and High Density Residential designations, while the proposed B-1 zone is supported by the Neighborhood Commercial designation. 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. Chapter 4B on Business and Industry provides for neighborhood commercial areas designed to address the daily needs of the immediate neighborhood. City services including sewer, water and streets are in the vicinity and available to the subject property. J: Availability of Public Services and Extension of Services: Water and sewer services have previously been extended to the north edge of the property and are available for this development. Access to the Highway 93 Bypass is available south of the property via an existing roundabout. The roundabout may be replaced with an interchange by MDOT at some point in the future, but access will be maintained. Sewer: City of Kalispell upon annexation Water: City of Kalispell upon annexation Refuse: City of Kalispell upon annexation Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95 Rankin Elementary/Flathead High School Fire: South Kalispell Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation 4 1 i o_ � yylr r cl o The Meatlowlark he 1� a R � F �, 7 r� r tV SUBJECT PPr)PPPTY ! p t� SEWER FORCE MAID RIP -LE WATER MAIN = BLUE""._ ` rr. I. ANNEXATION EVALUATION Compliance with the growth polices Two primary means for managing growth in the City of Kalispell are redevelopment/infill within the current city limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. Chapter 9, Public Infrastructure and Services, includes a goal to "make public water and sewer available to areas that are in close proximity to services," and annexation allows for such extensions to happen. In addition, the city council adopted an annexation policy in 2011, with a corresponding map, as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the Planning Board, the Council, and the development community direction when property owners outside of the city limits are requesting annexation. The property proposed for annexation falls inside the city's direct annexation boundary. 5 2. Municipal Services: The City of Kalispell has an extension of services plan that details how services would be extended to the annexed property. Both sanitary sewer and water services are immediately available to the property and no main extensions would be required to reach the property. Extensions within the development would be required to serve the individual properties. The site is currently protected by the South Kalispell Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from Rural Fire District. At the time of annexation, the property will be served by the Kalispell Police and Fire Departments. The site lies approximately 1.9 miles from fire station 61 and is readily serviceable by the city fire, police, and ambulance services. Given the level of existing services available to the property, annexation will not overburden the municipal services in place. 3. Distance from current citv limits: The subject property is immediately adjacent to the existing city limits line. 4. Cost of services: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction Standards and any other development policies, regulations or ordinances that may apply. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis — Initial Annexation. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The property is currently vacant, although it is anticipated that it will be developed as a primarily multi -family development with the possibility of some neighborhood scale commercial. As undeveloped land, the total cost of services is estimated to be $0 per year. Based on the city's taxation and assessment policies, the property will generate approximately $3,067 per year in total annual revenue to the city ($1,934 in assessments and $1,133 in taxes). Based on this analysis, the annexation will be net gain to the city of $3,067 per year pending development of the site. At full build -out, the projected cost of services would be $330,006, with total revenue generated of $702,376 ($49,226 in assessments and $653,151 in taxes), along with impact fees projecting to be $2,790,550. The annual net revenue to the city would be $372,370 (approximately $620 per dwelling unit). 6 II. Initial Zoning and Zone Change Evaluation Based on Statutory Criteria The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2- 304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county SAG-10 (Suburban Agricultural). The proposed zoning of the property is RA-1 (Residential Apartment) and B-1 (Neighborhood Business) with a PUD overlay over the entire property. The RA-1 area would consist of approximately 31.1 acres and the B-1 would consist of approximately 7.1 acres. The RA-1 zone is "a residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." The B-1 zone is a "business district intended to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district would typically serve as a buffer between residential areas and other commercial districts. Development scale and pedestrian orientation are important elements of this district. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations to accommodate large-scale commercial operations. This zoning district would typically be found in areas designated as neighborhood commercial or urban mixed use on the Kalispell Growth Policy Future Land Use Map." 1. Does the requested zone comply with the growth polio The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential, High Density Residential and Neighborhood Commercial. The proposed RA-1 zone is supported by both the Urban and High -Density Residential designations, while the proposed B-1 zone is supported by the Neighborhood Commercial designation. 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. Chapter 4B on Business and Industry provides for neighborhood commercial areas designed to address the daily needs of the immediate neighborhood. City services including sewer, water and streets are in the vicinity and available to the subject property. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? Abelin Traffic Services prepared a traffic impact study in July 2021 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 7 operations at the two approaches onto Airport Road and Cemetery Road, as well as nearby intersections, including the Highway 93 Bypass. The study concluded that traffic from the development "will not create any roadway capacity problems on adjacent roadways. All nearby intersections will continue to function at acceptable levels of service. No additional turning lanes or traffic controls would be warranted with this project." It should be noted that per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. There are plans for the current roundabout at the intersection of Airport Road and the Highway 93 Bypass to be replaced with an interchange. The applicant will need to get approval from MDT for access onto Airport Road and will also need to ensure the future Bypass/Airport Road interchange is taken into account with this development. Adjustments to the lot configurations or building layouts may be necessary, as may dedication of additional right-of-way. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police, fire protection, water and sewer service are currently available to the area. 4. Will the requested zone promote the public health, safety and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classifications of RA-1 and B-1, particularly in conjunction with the PUD overlay, will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance and PUD to ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property. Specific details for provision of services are addressed as part of the PUD and preliminary plat 8 7. Will the requested zone promote compatible urban growth? The subject property is near the corner of Airport Road and Cemetery Road in a general area that has a mix of residential and industrial uses. With the addition of a new elementary school and the bypass, the area is trending residential, which is reflected in the growth policy for the area. It is expected that additional development will occur in the vicinity that would continue that trend and these zones would fit within that type of development. 8. Does the requested zone give consideration to the character of the district and its particular suitabili . for particular uses? The proposed RA-1 and B-1 zoning districts are consistent with the development trends of the area. It also gives due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA-1 and B-1 zones will promote compatible and like uses on this property as are likely to develop on other properties in the area. Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods as they develop. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case, sanitary sewer exists on the site and water is adjacent to the property. The proposed zoning is consistent with the proposed growth policy future land use designation and is compatible with current zoning in the immediate area. III. 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 Parkland Meadows PUD would provide a layout of 38.4-acres, providing a mixture of multi- family and neighborhood commercial development. The PUD will be a residential mixed -use PUD and function in concert with the proposed RA-1 and B-1 underlying zones. 9 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 Urban Residential, High Density Residential, and Neighborhood Commercial land use categories. The proposed zoning districts fit within those designations. The Kalispell Zoning Ordinance states that the RA-1 Zoning District would typically be found in areas designated as urban residential or high density residential (Sec 27.09.010), and the B-1 Zoning District would typically be found in areas designated as Neighborhood Commercial (Sec 27.12.010). 10 The Kalispell Growth Policy Plan -IT 2035 and the zoning would contemplate urban residential neighborhoods at densities of up to twelve dwelling units per acre and up to 20 units or more in high density areas. The overall density within the RA-1 residential area of the PUD would be about 15.5 units per acre based on 480 units and the overall density including the B-1 area with 600 units total would be about 15.7 units per acre. The Kalispell Growth Policy Future Land Use Map designations are consistent with the proposed zoning and PUD. 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. Chapter 4, Land Use Business and Industry (la): Establish neighborhood commercial areas designed to provide convenient goods and services that address the daily needs of the immediate neighborhood. Chapter 4, Land Use Business and Industry (Ib): Neighborhood commercial areas should generally be three to five acres in size and be spaced one-half to one mile apart. Sites should be configured to enable clustering of neighborhood commercial businesses, emphasizing bike and pedestrian access. Chapter 4 Business and Industry (Urban Mixed -Use areas, 4a) - Encourage the development of compact, centrally located service and employment areas that provide easy connection between commercial and residential neighborhoods. Chapter 4 Business and Industry (Urban Mixed -Use areas, 4b) - A complete system of pedestrian and bike paths is important in mixed use areas. The proposal calls for a primarily multi -family development with a potential mix of neighborhood scale commercial uses on 38.4 acres, including two neighborhood business nodes consisting of a total of 7.1 acres. The neighborhood business area may develop with any use allowed under B-I zoning, which could include multi -family dwellings. There are bike and pedestrian paths that would extend throughout the development and along both frontages which connect to the greater community. The requested PUD can be found to comply with the Urban Residential, High Density Residential and Neighborhood Commercial land use designations, as well as policies found within the Housing and Business and Industry sections of the Kalispell Growth Policy Plan -It 11 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. The only deviation from general zoning requirements is related to density. The zoning regulations base the number of allowable units on a ratio of one unit per 3000 square feet on a lot under the RA-1 development standards per Section 27.09.040(1) of the zoning ordinance. With 27.02 acres of the RA-1 in lots (the remainder is roads and common area), only 392 units would be potentially allowed rather than the 480 requested. The distribution of the units is also problematic since each lot would have its own density allocation. The PUD process allows for RA-1 zoning to have up to 20 units per acre which is based on the overall developable area rather than on a lot -by lot basis pursuant to Section 27.19.030(1) and (2). The density would comply with the zoning ordinance given the PUD. In this situation, the property is being developed by a single developer as a cohesive project. The developer intends to construct the infrastructure as well as the buildings/site development. While individual lots may potentially be sold, covenants that will be recorded provide for common operation and maintenance of the grounds outside the buildings. Furthermore, utilizing an overall density calculation allows for better site design in that higher densities allow for larger, more intact open spaces and clustering of density closer to the Airport Road and Cemetery Road frontages, which softens the impact on land to the north and east. The deviation request is appropriate given the mitigating factors. 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; No deviations from the subdivision regulations are being requested by the applicant. 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 PUD is designed as a cohesive project, with at least the primary multi -family area being constructed by one developer with shared recreational amenities which may include a clubhouse, playground, hot tub, sports courts, and BBQ areas, as well as connectivity between the buildings, amenities, and exterior streets with sidewalks. The use of the PUD in this instance also allows for greater density along Airport Road and Cemetery Road with lesser densities along boundaries with adjoining properties, softening the impact on the surrounding neighborhood. 12 Section 27.34.060(1) of the zoning ordinance requires that all multi -family dwellings shall provide pedestrian access from the main entrance(s) of the building(s) to the right-of-way. The final design of the project will include the connections, which will be reviewed as part of the building permit and site review process. Part of the design should include at least two pedestrian connections providing access from the area generally near the intersection of Airport Road and Cemetery Road into the development. The submitted plan states that no fencing will be included as part of the project. However, if any fencing is to be constructed as part of the development, it will need to comply with height and location zoning standards and should be a consistent design throughout the development. Any fencing will be required to be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. 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; The plan does not include a specific homeowners park. With multi -family developments, the zoning ordinance requires recreational amenities equal to 500 square feet of land or the equivalent value in amenities. While a final amenities plan has not been determined, initial plans include a clubhouse, playground, hot tub, sports courts (such as pickleball and basketball), bike pump track, BBQ areas, and outdoor seating. Additionally, there would be common landscaped areas as well as open space related to buffering off of Ashley Creek. The proposal includes covenants and a management plan providing for maintenance of the shared facilities. 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 tie into an existing water main extension that runs to the north property line within Airport Road. There will need to be an extension of the existing water main to the south in Airport Road and then east within Cemetery Road for the length of that frontage to the proj ect's eastern terminus. 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 size of the main extension will be reviewed as part of the final engineering design, and may include an upsizing to 12 inches. The City would participate in sharing the cost of the upsizing beyond what is required to serve the 13 development. There is adequate capacity within the city's water system to accommodate this subdivision. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The applicant will need to install a combination of gravity mains and a lift station, which will be located in the southwestern corner of the property. An access to the lift station from Cemetery Road or another route acceptable to Public Works will be required. The extension of the sewer mains shall extend to Cemetery Road from the northern property line along Airport Road and then east within Cemetery Road for the length of that frontage to the project's eastern terminus. 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. Solid Waste: Solid waste collection can be provided throughout the subdivision by the City of Kalispell. Specific designs of the garbage enclosures and collection areas will be reviewed in conjunction with the building permit and site review process for the buildings. Access and Roads: There are two street accesses proposed. One is off of Airport Road and one is off of Cemetery Road. The development's frontages on Airport Road and Cemetery Road will need to be improved in accordance with City Design and Construction Standards. Airport Road will need to be upgraded to a Minor Arterial standard and Cemetery Road to a Major Collector standard. Improvements may include widening the road surface if necessary to meet those standards and any dedications necessary to provide the specified width. Internal streets would include public streets built to local and collector design standards. The north -south road intersecting with Cemetery Road is designated as a minor collector street in the new Transportation Plan scheduled to be adopted September 7. Provisions for possible connection to adjoining properties to the north are included in the design and will require temporary turnarounds until such time as a connection is made. Two aspects of the internal street design which will require further review as part of the engineering design are the roundabout and entry median islands. Those design elements may pose maintenance and service issues which could potentially be resolved, but it is possible they will need to be eliminated. Access to the B-1 areas off of Airport and Cemetery Roads is shown on the plans as a separate access onto those roads. The accesses for the B-1 lots should come from the internal street network rather than the external streets in order to minimize the number of access points and improve public safety. Control over vehicular traffic: Abelin Traffic Services prepared a traffic impact study in July 2021 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 Airport Road and Cemetery Road, as well as nearby intersections, including the Highway 93 Bypass. The study concluded that traffic from the development "will not create any roadway capacity problems on adjacent roadways. All nearby intersections will continue to function at acceptable 14 levels of service. No additional turning lanes or traffic controls would be warranted with this project." It should be noted that per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. There are plans for the current roundabout at the intersection of Airport Road and the Highway 93 Bypass to be replaced with an interchange. The applicant will need to get approval from MDT for access onto Airport Road and will also need to ensure the future Bypass/Airport Road interchange is taken into account with this development. Adjustments to the lot configurations or building layouts may be necessary, as may dedication of additional right-of-way. 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. The plans show stormwater collection sites near the southwest corner of the property as well as along Ashley Creek. Any open storm water facilities should have an elevated aesthetic design to be reviewed and approved by the city Architectural Review Committee. 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. 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 95 (Rankin Elementary/Flathead High School). On average, it would be anticipated that there would be about 240 to 300 students (K-12) from the neighborhood at full build -out. Section 76-3-608(1) 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 and site review for the multi -family and neighborhood commercial areas, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 61 is located approximately 1.9 miles away providing good response time. Parks: The plan does not include a specific homeowners park. With multi -family developments, the zoning ordinance requires recreational amenities equal to 500 square feet of land or the equivalent value in amenities. While a final amenities plan has not been determined, initial plans include a clubhouse, playground, hot tub, sports courts (such as pickleball and basketball), bike pump track, BBQ areas, and outdoor seating. Additionally, there would be common landscaped areas as well as open space related to buffering off of Ashley Creek. The proposal includes 15 covenants and a management plan providing for maintenance of the shared facilities. Specifics of the park plan will be reviewed and approved by the Parks Department as each phase progresses. Each phase will need to provide recreational amenities to support that phase as each develops. 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 near the corner of Airport Road and Cemetery Road just to the north of the Highway 93 Bypass interchange with Airport Road. It is located in an area transitioning into more rural development from city single-family and multi -family residential uses a short distance to the north. In the immediate area, the predominant uses are Rankin Elementary, which is a new elementary school, and a wrecking yard, as well as a gravel pit to the east. With the addition of the elementary school and the bypass, the area is trending residential, which is reflected in the growth policy for the area. It is expected that additional development will occur in the vicinity that would continue that trend and these zones would fit within that type of development. Extension of services further into the area would help support future development. 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; 16 The plan includes four phases of development. As with any phased project, each phase will need to stand on its own in terms of access, services, and recreational amenities. Under the subdivision regulations, a second full access is required when 100 or more residential dwelling units are being served. Section 28.3.13(E)(2). The Phase 1 plan shows 72 units plus the B-1 area. Phase 2 shows 120 units. As part of Phase 2, the access to Cemetery Road will need to be constructed. The construction of the access may be accelerated, however, depending upon the development of the B-1 lots in Phase 1. Based on the number of units or other development built on those lots, the second access may be required as a condition of building permit and site review approval. 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. L Conformity with all applicable provisions of this chapter. Section 27.19.030(4) of the zoning ordinance allows for Residential Mixed -Use PUDs in RA-1 and B-1 zones with a minimum of 5 developable acres, with the commercial component not to exceed 35% of the developable area. Density should not exceed 20 dwelling units per acre. The development contains 38.4 acres, only 7.1 acres of which is B-1, or about 18.5%. Density in the residential area is about 15.5 units per acre. The proposal meets those requirements. Under that section, the predominant land use character of the PUD must be residential. Commercial uses should primarily be sized and located to address the needs of the immediate neighborhood, and incompatible commercial uses are not permitted. Given the growth policy designation, the B-1 zoning district allows for uses consistent with that requirement. No other specific deviations from the Kalispell Zoning Ordinance or Subdivision Regulations can be identified based upon the information submitted with the application other than those addressed in this report. 17 IV. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT PARKLAND MEADOWS SUBDIVfSION M The preliminary plat submitted with the application includes all of the property in the development (38.4 acres). 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 does 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. Flooding: The subject property is adjacent to a mapped floodplain, but the applicant has shown through survey information that the property itself is located outside of the 100- year floodplain per the Flood Insurance Rate Map (panel number 30029C 1820J, effective November 4, 2015). There is an established Base Flood Elevation ("BFE"), and the location of the floodplain is shown on an exhibit submitted by the applicant. Prior to any construction, the precise location of the floodplain should be established with a stamped survey. Any work within the floodplain or adjacent to the stream may require permitting 18 from the City, Conservation District, State of Montana, or other jurisdictional entity depending upon the nature of the work proposed. Under Section 28.3.05 of the subdivision regulations, land subject to flooding shall not be subdivided for building, residential, or other uses that may increase danger to life, health, or property caused by flooding. Although it is not anticipated based on the survey information, any area that is part of the floodplain which may encroach onto the property needs to be contained within common area as part of a separate lot within the subdivision. If there is any encroachment, the lot dimensions and configurations may change, and there may be a reduction in the total number of units as a result. Access: The access to the development will be from two street connections from Airport Road and Cemetery Road. Access and roads are discussed in more detail in part D below relative to effects on local services. Geology: The overall site contains some slopes and topography (no slopes exceed 15%) which the design of the development takes into account in terms of placement of roads, storm drainage and building lots. The grading plans propose leveling out the central 19 elevation area of the property for building foundations. A Geotech report was prepared in December 2020 by Alpine Geotechnical found no specific issues for development. However, it does contain recommendations which should be followed in the course of construction, including additional specific Geotech reports related to buildings and other site improvements, which are particularly necessary given the proposed grading work. Static groundwater was found at a depth of 19 feet, although the report noted that is subject to seasonal change. Airport Affected Area: Properties near the city airport have height regulations under City Ordinance 1745, as well as potential notice requirements to the Federal Aeronautics Administration through FAA Form 7460. It does not appear that height as proposed is an issue under the city height regulations. The applicant should contact the FAA to determine if a Form 7460 is required. B. Effects on Wildlife and Wildlife Habitat: Ashley Creek is adjacent to the property, and it provides aquatic and riparian habitat which may be affected. The required 200-foot setback from the high-water mark helps protect that habitat, as does stormwater treatment which would occur as part of the storm drainage system for the development. There does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. 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. 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. Per the Geotech report, the static groundwater is approximately 19 feet below the surface based on well depth. Ashley Creek lies just to the east of the property and will have a 200-foot required setback for certain types of development and uses. Along with stormwater treatment, potential impacts on surface water are mitigated. 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 to be reviewed and approved by the city Architectural Review Committee. 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. 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. In order to help ensure the continued maintenance of the storm water facilities, a note shall be placed on 20 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. 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. Wetland and stream setbacks: Section 28.3.06 of the subdivision regulations requires a 100-foot setback from that portion of the wetland that is located on the property to be subdivided to any property boundaries within the subdivision. The National Wetlands Inventory shows that there is no wetland area on or immediately adjacent to the property, with the nearest wetland located to the south. �'.�;N�afional Wetlands InventoryAirport Road Subdivision June 29. 2021 TME ^dc 9E' re+cie�u mr. TEe w^ ran a,a va lade SITYIEi �E �IX fe6ppKOk AI E�! dttAfdLy a W il!°�1�155 MT! Eie4ala Elwin mda'a map.Al art1 rot dTa Vatd Wetlands U Freshwater Emergent Wetland ■ Lake xwedn axadanoe .mi aesaff ref mp-KclYa a,rdmme Estuarine and Marine Deepwater wcaa��ds ti+appef,.pe aye . Freshwater Forestedl5hrub Wetland iJ Other Estuarine and Marine Wetland © Freshwater Pond . Rivenne M_ aeyrws »xcm q rR nw aiwr There is also a 200-foot setback from Ashley Creek provided for in Section 28.3.07 of the subdivision regulations. Within that setback, which is measured from the ordinary high water mark, there are limited uses such as storm water treatment, trails, streets, parks and similar facilities. Fill, parking lots, and structures are prohibited. The submitted plans show that the 200-foot setback is met. 21 APPROlOFA4TE UXATI4N OF EXIST. BLDGS i� LOT � Rlrl 3.% AC J LOR4 }�2 5.36AC ASHLEYCREEK � 4 5 F 1OD-YEAR FLOC PLUN -ERA+=MkS.5 PER PANEL 3DW311M #, � CC - I �r ¢ 2DO!SI-ILE�'CikEE SET IC SETB ACK � I ` L9F 13 12 LOf 14 1 &1 &i* AC oseec os�bc , APPPoEDIMTE LOCALTI ON OF EXIST. BLCG5 IrJll§�'ELL JPCK M�TS�tia8 OLACOM PRELIMINARY SITE PLAN 1' =2an' D. Effects on Local Services: Water: Water to the subdivision will be provided by the City of Kalispell and will tie into an existing water main extension that runs to the north property line within Airport Road. There will need to be an extension of the existing water main to the south in Airport Road and then east within Cemetery Road for the length of that frontage to the 22 project's eastern terminus. 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 size of the main extension will be reviewed as part of the final engineering design and may include an upsizing to 12 inches. The City would participate in sharing the cost of the upsizing beyond what is required to serve the development. There is adequate capacity within the city's water system to accommodate this subdivision. Proportionate water rights shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The applicant will need to install a combination of gravity mains and a lift station, which will be located in the southwestern corner of the property. An access to the lift station from Cemetery Road or another route acceptable to Public Works will be required. Also, the lift station must be placed within a utility lot to be created for that purpose. The extension of the sewer mains shall extend to Cemetery Road from the northern property line along Airport Road and then east within Cemetery Road for the length of that frontage to the project's eastern terminus. 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. Access and Roads: There are two street accesses proposed. One is off of Airport Road, and one is off of Cemetery Road. The development's frontages on Airport Road and Cemetery Road will need to be improved in accordance with City Design and Construction Standards. Airport Road will need to be upgraded to a Minor Arterial standard and Cemetery Road to a Major Collector standard. Improvements may include widening the road surface if necessary to meet those standards and any dedications necessary to provide the specified width. Internal streets would include public streets built to local and collector design standards. The north -south road intersecting with Cemetery Road is designated as a minor collector street in the new Transportation Plan scheduled to be adopted September 7. Provisions for possible connection to adjoining properties to the north are included in the design and will require temporary turnarounds until such time as a connection is made. Two aspects of the internal street design which will require further review as part of the engineering design are the roundabout and entry median islands. Those design elements may pose maintenance and service issues which could potentially be resolved, but it is possible they will need to be eliminated. Access to the B-1 areas off of Airport and Cemetery Roads is shown on the plans as a separate access onto those roads. The accesses for the B-I lots should come from the internal street network rather than the external streets in order to minimize the number of access points and improve public safety. Abelin Traffic Services prepared a traffic impact study in July 2021 for the proposed project. The traffic impact study analyzed the full buildout of the proposed development. 23 The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the two approaches onto Airport Road and Cemetery Road, as well as nearby intersections, including the Highway 93 Bypass. The study concluded that traffic from the development "will not create any roadway capacity problems on adjacent roadways. All nearby intersections will continue to function at acceptable levels of service. No additional turning lanes or traffic controls would be warranted with this project." It should be noted that per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. There are plans for the current roundabout at the intersection of Airport Road and the Highway 93 Bypass to be replaced with an interchange. The applicant will need to get approval from MDT for access onto Airport Road and will also need to ensure the future Bypass/Airport Road interchange is taken into account with this development. Adjustments to the lot configurations or building layouts may be necessary, as may dedication of additional right-of-way. Schools: The property is within the boundaries of School District 95 (Rankin Elementary and Flathead High School). On average, it would be anticipated that there would be about 240-300 students (K-12) from the neighborhood at full build -out. Section 76-3- 608(1) 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 and site review for the multi -family and neighborhood commercial areas, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 61 is located approximately 1.0 miles away providing good response time. Parks and Recreation: The plan does not include a specific homeowners park. With multi -family developments, the zoning ordinance requires recreational amenities equal to 500 square feet of land or the equivalent value in amenities. While a final amenities plan has not been determined, initial plans include a clubhouse, playground, hot tub, sports courts (such as pickleball and basketball), bike pump track, BBQ areas, and outdoor seating. Additionally, there would be common landscaped areas as well as open space related to buffering off of Ashley Creek. The proposal includes covenants and a management plan providing for maintenance of the shared facilities. Specifics of the park plan will be reviewed and approved by the Parks Department as each phase progresses. 24 Each phase will need to provide recreational amenities to support that phase as each develops. 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 3.6 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for agricultural uses. According to the Kalispell Growth Policy Resources and Analysis Section, "Important Farmlands" map, the property includes some areas designated as prime farmland if irrigated. 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 entirely within the annexation policy boundary and annexation is being proposed as part of the project. By allowing higher density development within the city's growth policy area, it can reasonably be expected 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 Urban Residential, High Density Residential and Neighborhood Commercial. The proposed RA-1 zone is supported by both the Urban and High -Density Residential designations, while the proposed B-1 zone is supported by the Neighborhood Commercial designation. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all 25 sectors and income levels within the community. Chapter 4B on Business and Industry provides for neighborhood commercial areas designed to address the daily needs of the immediate neighborhood. City services including sewer, water and streets are in the vicinity and available to the subject property. G. Compliance with Zoning: The request is in compliance with the RA-1 and B-1 zoning regulations, provided the specified deviation request is granted. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. RECONIMENDATIONS 1. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be approved as detailed herein, with approximately 31.1 acres to be zoned RA-1 (Residential Apartment), and approximately 7.1 acres that will be zoned B-1 (Neighborhood Business), with a PUD overlay on the entire property. 2. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-03 as findings of fact and recommend to the Kalispell City Council that the PUD for Parkland Meadows be approved subject to the conditions listed below: 3. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Parkland Meadows be approved subject to the conditions listed below: CONDITIONS OF APPROVAL 1. The Planned Unit Development for Parkland Meadows allows the following deviation from the Zoning Regulations: (1) Minimum lot size: Sec 27.09.040(1) — Minimum lot size per unit as shown on the submitted plans. 2. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD/zone change becomes effective. 26 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. The preliminary plat approval shall be valid for a period of three years from the date of approval. 9. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 10. 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. 11. 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. 27 12. 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. 13. 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. 14. 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. 15. An access to the sewer lift station from Cemetery Road or another route acceptable to Public Works shall be required. The lift station shall be placed within a utility lot to be created for that purpose. 16. 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. 17. While the traffic impact study did not indicate any specific required improvements, any improvements necessary to maintain the existing level of service will be required. All improvements shall be reviewed and approved by the Public Works Department. 18. Access to the B-1 areas off of Airport and Cemetery Roads shall be from the internal street network rather than the external streets. 19. The design shall include at least two pedestrian connections providing access from the area generally near the intersection of Airport Road and Cemetery Road into the development. 20. The development's frontages on Airport Road and Cemetery Road will need to be improved in accordance with City Design and Construction Standards. Airport Road will need to be upgraded to a Minor Arterial standard and Cemetery Road to a Major Collector standard. Improvements may include widening the road surface if necessary to meet those standards and any dedications necessary to provide the specified width. The improvements may be phased with the improvements to be installed across the frontage of each phase of the subdivision. 28 21. The applicant shall be required to receive approval from the Montana Department of Transportation for access onto Airport Road and will also need to ensure the future Bypass/Airport Road interchange is taken into account with this development. Adjustments to the lot configurations or building layouts may be necessary, as may dedication of additional right-of-way. 22. The north -south road intersecting with Cemetery Road shall be constructed as a minor collector street, and the other internal streets shall be constructed to a local standard. The roundabout and entry median islands are subject to further review during the engineering design. 23. Temporary turnarounds will be required at the two road extensions to the north until such time as a connection is made. 24. Under the subdivision regulations, a second full access is required when 100 or more residential dwelling units are being served. Section 28.3.13(E)(2). The Phase 1 plan shows 72 units plus the B-1 area. Phase 2 shows 120 units. As part of Phase 2, the access to Cemetery Road shall be constructed. The construction of the access may be accelerated, however, depending upon the development of the B-1 lots in Phase 1. 25. The recommendations in the Geotech report shall be followed, including providing additional specific Geotech reports related to buildings and other site improvements, which are to be reviewed and accepted by the City of Kalispell prior to construction. 26. The 200-foot setback from Ashley Creek shall be provided for in the final design (Section 28.3.07 Kalispell Subdivision Regulations). Within that setback, which is measured from the ordinary high-water mark, any uses shall be limited to those outlined in the regulations. 27. 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. 28. 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. 29. Prior to any construction, the precise location of the floodplain shall be established with a stamped survey. Lot dimensions, configurations, and site development may need to be adjusted based on the survey, and the number of units may be decreased accordingly. 30. If any fencing is to be constructed as part of the development, it shall comply with height and location zoning standards and should be a consistent design throughout the 29 development. Any fencing will be required to be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. 31. 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 32. 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. 33. 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 and alleys 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. 34. 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. 35. 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. 36. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for each phase. 37. 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. 30 38. 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. 39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 40. 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. 41. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 31