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Ordinance 1524/PUD and Development AgreementAN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED AS PARCELS A & B OF CERTIFICATE OF SURVEY # 16084 IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-20, AGRICULTURAL AND SAG-10, SUBURBAN RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Touchstone, LLC, the owner 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-2, Single Family Residential with a Planned Unit Development overlay on approximately 50 acres of land, and WHEREAS, the property is located on the northeast corner of Three Mile Drive and Farm. to Market Road, and WHEREAS, the petition of Touchstone, LLC was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-18 / KPUD-04-7, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-3, Urban Single Family Residential with a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 11, 2005, and recommended that the initial zoning be City R-2, Single Family Residential with a Planned Unit Development overlay, upon annexation to the City of Kalispell, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Single Family Residential with a Planned Unit Development overlay, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the amended findings of fact of TCPO as set forth in Staff Report No. KA-04-18 / KPUD-04-7. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as R-2, Single Family Residential with a Planned Unit Development overlay on approximately 50 acres. SECTION II. The Planned Unit Development proposed by Touchstone, LLC upon the real property described above is hereby approved, subject to the following conditions: 1 1. That 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 PUD as approved by the city council. {Kalispell Subdivision Regulations, Appendix C — Final Plat). 2. That the development of lofts in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. 3. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 4. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 5. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee). b. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon I I percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19). The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. ON c. Fire Department access shall be provided in accordance with International Fire Code (2003) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from. the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. 10. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section. 3.04). 11. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 13. 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 five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). 14. After the construction and installation of utilities are completed, the developer shall insure that all property comers are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works Department) 15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works Department). 16. That the covenants and homeowners by-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that 3 addresses the assessments and maintenance of the common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and / or sewage treatment systems. 1 T The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 18. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to -final plat submittal. 2 L All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 22. A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards which are impacted by this subdivision. 23. That a development agreement 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. 24. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). SECTION 111. 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 IV. 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 22N)�_DA OF FEBRUARY, 2005. ATTEST: ` eresa White City Clerk Pamela B: Mayor 4 OUNTAIN VISTA ESTATES THIS AGREEMENT, made as of the')- day of May, 2006, by Touchstone LLC, a Montana limited liability company, of 1289 North Meridian Road, Kalispell, MT 59903, hereinafter TOUCHSTONE, and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; WITNESSETH WHEREAS, TOUCHSTONE is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as Parcels A & B of Certificate Of Survey # 16084 in Section 2, Township 28 North, Range 22 West, P.M.M. Flathead County, Montana and is hereinafter referred to as "Subject Property"; and WHEREAS, (1) TOUCHSTONE desires to have a Planned Unit Development overlay (PUD) upon the subject property currently zoned as R-2 Single Family Residence that would allow some flexibility in lot sizes, housing types and site configuration; and WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the "Subject Property", and prescribe the permitted uses therein, the parties hereto determine it to be in their interests to enter into this Development Agreement. § 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application filed by applicant and the conditions contained within Kalispell City Resolution No. 4973 conditionally approving the preliminary plat of the Mountain Vista Estates PUD and incorporated fully herein by this reference. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Pagel of 8 § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement, the laws, rules and regulations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property. § 1.03 Drawings The drawings comprising the Preliminary Plat and annexed to this Planned Unit Development Agreement are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Planned Development Agreement shall become effective immediately and shall terminate upon the issuance of the final building permit for development of the Subject Property. This Development Agreement may be modified or amended only as set forth in Article IV hereof. § 1.05 Certification Procedure Whenever in this Planned Unit Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. I�7�:Z�7�11f 7�.Y�f71J1�1���►I § 2.01 The Subject Property, described in the recitals above, shall be developed with the infrastructure improvements as described below. No building permit shall be issued for any of the parcels unless and until all improvements specified in this Agreement as well as those infrastructure improvements which may be required by the City of Kalispell's Standards for Design and Construction are either constructed or security provided guaranteeing construction of said improvements for that particular parcel upon which a building permit is requested. 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 PUD as approved by the city council. 2. The development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter shall be submitted to the Kalispell Site PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 2 of 8 Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. 3. The plans and specifications for all public infrastructure shall be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. 4. A minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that will include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements shall be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 5. A pedestrian trail shall be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. 6. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. 7. he area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 1 I percent of the area in lots. Subtracting the required one -acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. 8. The following requirements shall be met per the Kalispell Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Section 503. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 3 of 8 d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. 9. The parcel indicated for the fire department substation shall be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. 10. A provision shall be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. 11. A letter shall be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. 13. 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 five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. 15. The filling of the gravel pit shall be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 4 of 8 16. The covenants and homeowners by-laws shall specifically include the required setbacks and other development standards. A provision shall be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language shall be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA easement. The covenants shall be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and/or sewage treatment systems. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 18. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 19. All utilities shall be installed underground. 20. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22. A note shall be placed on the face of the final plat, which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards, which are impacted by this subdivision. 23. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 24. Preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. eDoes- § 4.01 This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. § 4.02 Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner of a parcel in respect to the Subject Property. § 4.03 Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 5 of 8 Committee, and shall not require the consent or approval of the City Council or any other public agency. All amendments and modifications to this Development Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. § 4.04 All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. § 4.05 The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15) days after it determines the application to be subject to said minor modification. § 4.06 If the amendment or modification requested is of such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days after it determines the matter requires Council review. § 4.07 The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. I. No building permit in respect to the building in any structure shall be issued by the Building Department until the Director of Public Works has certified to the Building Department that the infrastructure improvements and roads as required herein substantially conform to the Site Condition requirements contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by the City. II. For purposes of this Section, the "Security" required shall be in an amount equal to 125% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. VI. MISCELLANEOUS § 6.01 Effective Date This Agreement shall be effective immediately and shall remain in full force and effect until all parcels within the Subject Property are developed or August 15, 2008, whichever occurs first. § 6.02 Severability In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of full force and effect. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 6 of 8 § 6.03 Recordation This Agreement shall be recorded along with the CCNR's with respect to the subject property. § 6.04 Entire Agreement - Primacy This Agreement constitutes the entire agreement between the parties and may only be amended as set forth herein. In the event, during the term of this Agreement, there is a variance between the provisions of this Agreement and the CCNR's, filed with respect to the subject property, this Agreement shall take precedence. § 6.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated this Zz ° day of May, 2006. TOUCHSTONE, LLC by: Managing Member CITY OF KALISPELL r Jarm H. Patrick, City Manager PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 7 of 8 STATE OF MONTANA ) ):ss County of Flathead ) On this )-Z day of May, 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared SAViI-) J. I fiLi:�EfZ , managing member of Touchstone, LLC, that executed the foregoing instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary P lic,.State of Montana Residing atIQhwd ( , Motif rlo- My Commission Expires OMWary 6-. 007 STATE OF MONTANA ) ):ss County of Flathead ) On this _2 day of � , 20 Q , before me, a Notary Public in and for the State of Montana, personally appeared' AMES H. PATRICK, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. C KY t SA • NOTE„7JgL`: SAI Notary Publi State ofMontana Residing at ���fL �\\ My Commission Expires PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 8 of 8