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Ordinance 1880 - PUD - Farm DistrictIIII I II II)IIIIII IIIIIIII IIIIII IIIII IIII II II IIII(IIII I( IIIII IIII II IIIIIII II 202e: o 6744 Page: of 6 Debbie Pierson, Flathead County MT by JW 7/7/2022 8:43 AM Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1880 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT, TO BE KNOWN AS THE FARM �' DISTRICT PLANNED UNIT DEVELOPMENT, OVER CERTAIN REAL PROPERTY DESCRIBED AS A TRACT OF LAND SITUATED, LYING AND BEING IN THE EAST a HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 29 NORTH, O RANGE 22 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, Farm District 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 B-2 with a Commercial Planned Unit Development overlay to be known as the Farm District PUD, on approximately 37.6 acres of land; and WHEREAS, the property is currently zoned County B-3 and is located at the northwest corner of Highway 93 North and Church Drive; and WHEREAS, the petition of the Bingham's was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-22-01, in which the Kalispell Planning Department evaluated the petition and recommended that a Planned Unit Development overlay be attached to the above -described tract of land pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 10, 2022, and recommended that a Planned Unit Development overlay be attached to approximately 37.6 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-22-01. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by attaching the zoning classification of B-2 to the above -described tract of land with a Commercial Planned Unit Development overlay to be known as the Farm District PUD. SECTION 2. The Commercial Planned Unit Development overlay proposed by the Bingham's upon the real property described above is hereby approved subject to the following conditions: 1. 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 future preliminary plat as approved by the city council. 2. The Planned Unit Development for the Farm District allows the following deviations from the Zoning Regulations: (1) Sections 27.13.020 and 27.13.030 - Allowed Uses: Phase 1 is limited to a Youth Center, parks and recreational uses outdoors. Phase 2 is limited to a 100 room Hotel, a Restaurant/Brew Pub, a small grocery store or convenience store (less than 10,000 square feet), and a small neighborhood gas station with no more than six gas pumps. Phases 3 and 4 will be limited to up to 70 townhome cottage home, and/or multi -family units. Phases 5 and 6 will include both commercial and residential uses. Commercial uses are limited to office - professional/medical, small bakery or coffee shop (Less than 2500 square feet), laboratories, tech research, photograph studios, print and copy shops, and recreation indoors. In Phases 5 and 6 there could be up to 32 multi- family residential units and all residential units will be on the second floor. None of the other permitted or conditionally permitted uses in the B-2 will be allowed without an amendment to the PUD. (2) Section 27.13.040(1) - Lot Area: Minimum lot size in the B-2 zone is 7000 square feet. Lot sizes for the townhome sublots and cottage lots may be reduced to 2500 square feet. (3) Section 27.13.040(2) - Lot Width: The minimum lot width in the B-2 is 70 feet. Under the proposal, lot widths would vary within the project with detached single- family lots at 35 feet and sublot widths as narrow as 25 feet. Lots which are on a street with dimensions of less than 50 feet in width for detached single-family or an average of 40 feet per unit for townhomes require alleys under the subdivision regulations. The requested deviation is appropriate provided that any lots or sublots with widths less than the dimensions specified in the subdivision regulations be accessed with an alley. 3. The Planned Unit Development for the Farm District allows the following deviations from the Subdivision Regulations: (1) Roadway deviations: For the roads within the commercial sections of the PUD, the applicant is proposing a road with two 14-foot driving isles and no on -street parking. The deviation is appropriate, but only conditional on (a) approval by Public Works during engineering design review; and (b) if adequate overflow parking is provided, to be determined by the Site Development Review Committee. (2) Section 28.3.12 — Blocks: The subdivision regulations require block lengths of at least 250 feet and not more than 600 feet. The application would include lots exceeding 600 feet. This deviation is appropriate provided that the street layout conforms with the updated plan. (3) Section 28.2.09(D) — Building Permits Prior to Final Plat: The subdivision regulations require that final plat be recorded prior to issuing a building permit. This deviation would allow a building permit to be issued in Phase 1 prior to final plat provided that the preliminary plat has been approved and all requirements for a building permit have been met, including, but not limited to, architectural and site review. 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. The abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 7. Any 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. Prior to issuance of the building permit or any development of the site, 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. 9. 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. 10. 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. 11. New infrastructure required to serve the property 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. 12. 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 certificate of occupancy, 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. 13. The water and sewer mains shall be extended in the paved portion of the street to the far property line per the Standards for Design and Construction. The capacity of the lift stations will need to be analyzed as part of the engineering design for the sewer system and may be required to be upgraded if determined to be inadequately sized to serve this development. 14. 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. 15. A landscape buffer shall be installed along the Highway 93 frontage that meets the entrance corridor standards set forth in Section 27.20.29 of the Kalispell Zoning Ordinance. The buffer in this area would be a minimum of 100 feet wide and would be located outside the right-of-way on the subject property. 16. Church Drive is designated as a minor arterial and shall be upgraded to that standard along the property's frontage including, but not necessarily limited to curb/gutter, landscape boulevard, sidewalk, and street lights. A ten -foot dedication of road right-of-way is required to accommodate the road classification and improvements. 17. The eastern access onto Church Drive is subject to change based on the Traffic Impact Study, Montana Department of Transportation review, and subdivision review. 18. The center access shall comply with the access control requirements and may need to be modified in order to do so. 19. As shown on the updated street plan, the internal streets will include a minor collector looping through the development and connecting to the property to the north as well as a local east -west connector through the southern portion of the property. The design of the streets serving the residential areas will be subject to review at the time of subdivision and may be subject to the provision of alleys depending upon the final design. Subdivision review and engineering design will look at the street designs in more detail. 20. The drop-off area by the youth center and other areas showing parking in or adjacent to the street will need to be adjusted to meet the Standards for Design and Construction and other city standards. The drop-off area cannot be within the public right-of-way. 21. The Traffic Impact Study ("TIS") shall be updated to reflect review comments from the City and the third -party review. With the impact on the highway interchange, review and approval of the TIS and mitigation measures will be required from the Montana Department of Transportation as well. The updated TIS will be subject to review and approval, and any recommended mitigation will need to be implemented by the developer. 22. Prior to commencing any development of the property, a full geotechnical report shall be submitted, including, but not limited to, a fines migration analysis for pipe bedding and trench backfill, to ensure that the site is suitable for infrastructure and building construction, and to identify any recommendations related to the geotechnical findings. Any recommendations shall be implemented. 23. The PUD includes a large central green space/park containing 2.75 acres, which will be maintained as a private park. Park area and recreational amenities will be a required aspect of the development and subject to approval as part of the subdivision review. 24. The development of the property shall include additional review for the subdivision, which has not been submitted at the time of this report, as well as review of individual building projects throughout the site. Additional conditions may be attached related to those reviews. 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 20TH DAY OF JUNE, 2022. Mark Johns n ATTEST: ���`,�o Ai ee Brunckhorst, CMC City Clerk �ON�P' EXHIBIT "A" A tract of land situated, lying and being in the east half of the southeast quarter of Section 12, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana, and more particularly described as follows to wit: Lot 2 of Patterson Tracts, as shown on Certificate of Survey No. 17246 (both records of Flathead County, Montana) and containing 37.635 acres, subject to and together with a 60-foot county road known as Church Drive, subject to and together with all appurtenant easements of record.