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Ordinance 1885 - PUD - Aspen Creek West11111111 IN Page: gi of 6 55 Debbie Pierson, Flathead County MT by JW 8/8/20Fees:: PMO Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1885 r AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A Q RESIDENTIAL MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS ASPEN CREEK WEST PUD, OVER CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY NUMBER 16428, LOCATED IN THE NORTH HALF OF SECTION 11, TOWNSHIP 28 i NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, 520 Three Mile Drive Associates, LLC, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-3, Residential, with a Planned Unit Development overlay to be known as Aspen Creek West PUD, on approximately 20 acres of land; and WHEREAS, the property is currently zoned R-2 and is located at 520 Three Mile Drive; and WHEREAS, the petition of 520 Three Mile Drive Associates, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-22-03, 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 June 14, 2022, and recommended that a Planned Unit Development overlay be attached to approximately 20 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-22-03. 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 520 Three Mile Drive Associates, LLC upon the real property described above is hereby approved subject to the following conditions: 1. The Planned Unit Development for Aspen Creek West allows the following deviations from the Zoning Regulations: (1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The deviation reduces minimum lot area to 3791 square feet for the attached townhome lots. (2) Lot Width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The deviation reduces the lot width requirement for the sublots for the townhome units to 40 feet. 2. The Planned Unit Development for Spring Creek Park allows the following deviations from the Kalispell Subdivision Regulations: (1) Road Sections: Section 28.3.14 — The subdivision regulations and the Standards for Design and Construction contain design criteria for roads. This deviation would allow an alternative design for a private street in the northern area of the development and deviations of the centerline radii on two curves on Triple Creek, as detailed within the staff report. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD/zone change becomes effective. 4. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. The preliminary plat approval shall be valid for a period of three years from the date of approval. 9. 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 feature 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. 10. The storm water ponds will be required to be on utility lots, and access for maintenance of the ponds shall be provided in accordance with city standards. 11. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. 12. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 13. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 14. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 15. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 16. The water main extension shall continue in Three Mile Drive to the west extent of the property instead of entering the private road. The water main extension along Three Mile Drive shall comply with the Water Facility Plan. 17. 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. 18. The sewer main extension shall continue in Three Mile Drive instead of entering the private road. 19. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction, except as otherwise provided for herein, including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. A note shall be placed on the final plat designating the northern road as private. 20. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." 21. The Traffic Impact Study ("TIS") shall be updated to address a drop in the level of service, with the updated TIS to be reviewed and approved by the Public Works Department. Prior to final plat, all mitigation recommended as part of the approved updated traffic impact study relative to the given phase shall be completed. All improvements shall be reviewed and approved by the Public Works Department. 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. 22. The Geotech report and a grading plan shall be submitted for review and approval by the City of Kalispell prior to submittal of any engineering or building plans related to the property, and the proposed layout may be altered based on that review, including the possibility of a reduction in the number of lots. 23. Prior to any work in the floodplain, a floodplain development permit and any related permits from the Corps of Engineers, the Conservation District, and/or other agencies shall be obtained, if necessary, by the developer. 24. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a minimum 100-foot setback from wetlands to any proposed lot boundaries. Under Section 28.3.07, the development shall limit uses within the 100-foot setback from the stream. 25. 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. 26. 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. 27. 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 28. Prior to fling 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. 29. 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 any 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 36. 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. 37. 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 JULY, 2022. Mark Joh n Mayor ATTEST: �L Ai e Brunckhorst, CMC City Clerk