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01/29/01 Kukulski to Council/Mountain View Plaza WorkshopREPORT TO: SUBJECT: City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 Honorable Mayor and City Council Chris A. Kukulski, City Manager Mountain View Plaza Workshop MEETING DATE: January30, 2001 BACK GROUND: On January 9, 2001 the Kalispell City -County Planning Board held a public hearing for the Mountain View Plaza PUD proposal. The public hearing was filled with debate between the applicant, planning board and staff. As a result, several of the thirty-two (32) "conditions of approval" were altered by the planning board. The following comments are intended to inform the City Council of the city staff comments pertaining to each condition that was either altered, is still being debated by the developer or is extremely important to the project. As you read each of the conditions you will see things that are struck out, underlined and highlighted. Strike out - language eliminated from the condition by the Kalispell City/County Planning Board. Underline - language that was added by the Kalispell City/County Planning Board. Highlight - Language which I am recommending be re-inserted or added to the conditions of approval Conditions 1, 2, 3, 4, 5, 6, 7 and 8 have been agreed to by the developer; That the development of the site shall be in substantial compliance with application submitted, the site plan and conditions for the PUD as approved by the city council. 2. The proposed development areas within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. 3. That a Phase II environmental assessment of the site be completed prior to the detailed design of the utilities. 4. That the plans and specifications for water, sewer, drainage and grading shall be designed and installed in accordance with the Kalispell Design and Construction Standards and shall be subject to review and approval by the Kalispell Public Works Department. Page 1 of 6 5. That access from the southern access road off of Highway 93 to the adjoining property to the south should be available to accommodate future development on the property through the execution of a development agreement and payment of a latecomers fee to the developer. 6. The fire access and suppression system shall be reviewed and approved by the Kalispell Fire Department for compliance with the Uniform Fire Code. 7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a weed free, dust -free area until such time as that phase is fully developed. 8. That the necessary easements be obtained for the extension of water and sewer services to the site. Condition 9 was altered by the planning board by eliminating the City's review of the traffic study and approach permits. The developer has since agreed to this condition as originally proposed and I recommend it be re-inserted. 9. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from the Montana Department of Transportation Condition 10 was altered by the planning board. This issue should be resolved after the City reviews the traffic study. Unless the traffic study shows an improvement in traffic flow and safety by this northern entrance, I recommend we remove it. 10. That the northernmost access along Highway 93 near Ole's Country Store be efim hated- be subject to the recommendations of the traffic impact study. 10. That the northernmost access along H;;hway 93 near Ole's Country Store be eliminated unless proven to be necessary to improve safety and traffic flow by the traffic'study. Condition 11 was eliminated by the planning board. After further review, I agree with the planning boards recommendation. Conditions 12, 13, and 14 have been agreed to by the developer; 12. That trees be placed within the parking lots at a rate of one tree per every 14 parking spaces as indicated in the application narrative. 13. Street trees shall be placed at 40 foot intervals which are a minimum of a two and a quarter inch caliper at planting along both sides of the internal roadways except where they Page 2 of 6 immediately abut a parking lot island or planter or abut building fronts. 14. That the landscaping along Highway 93 and West Reserve Drive include street trees placed at 50 foot intervals which are a minimum of a two and a quarter inch caliper at planting and a minimum three foot tall hedge or shrub between the parking lots and the roadways. Condition 15 is being contested by the developer. I believe the City needs to stand firm on this condition. The parking lots that service the three BIG boxes include 5.34 parking spaces per 1,000 sq. ft. of gross floor area. These are huge parking lots and need to be enhanced with landscaping. During the public hearing representatives from Home Depot suggested that they can operate efficiently with approx. 4.5 parking spaces per 1,000 sq. ft. It is apparent that any minor loss of parking due to the addition of landscaping will not be detrimental to the tenets. 15 That a landscape pod shall be placed at the end of each parking aisle and the parking medians which include a minimum of one street tree at a minimum of a two and a quarter inch caliper along with shrubs or other greenery. Conditions 16, 17, and 18, have been agreed to by the developer; 15. The overall landscape plan shall be coordinated with the Kalispell Parks and Recreation Director regarding the exact size and location of the plantings and species lists. 16. That pedestrian walkways be provided as indicated on the site plan that provide a continuous and connected system with the existing walkways along Highway 93 and West Reserve Drive including a sidewalk on both sides of the main entrance road. 17. That the landscape areas within the site be constructed as proposed that includes landscaping, walkways and gazebos. Condition 19 was also changed by the planning board. It is recommended that the original language be re-inserted. Retaining walls tend to be less attractive than a terraced landscaped area. 19. That the use of retaining walls in excess of four feet tall, if possible, be avoided, butrather steepest -grate Condition 20 has been agreed to by the developer. I wanted to clarify some of the materials being used in the Home Depot which must be used by the remaining tenants. Examples include: river rock, timbers, split face block, stone, earth toned colors with corporate colors only being used on the signage. 20. The list of materials and exterior building treatments that was part of the application for the final development of the buildings be included in the covenants and development agreement with the City as an exclusive list of materials and exterior building treatments to be used. Page 3 of 6 Condition 21 has been agreed to by the developer; 21. That the east face of the large buildings not be used for advertising, display of corporate colors or logos and shall be treated with the approved list of building materials and colors. Condition 22 was changed by the planning board. I don't think the planning board's change causes any problems. Lighting is a covered element in the zoning ordinance. 22. That a lighting plan be submitted which utilizes attracti-ve standard lighting fixtures with downward directed light in compliance with the zoning ordinance. and a type and-levef-of Condition 23 and 24 were altered substantially by the planning board. The planning boards recommendation exceeds the City's sign ordinance in height and size. This has been one of the most frustrating unresolved issues thus far. I recommend this be kept simple by requiring the size, height and location of signs conform with the City's sign ordinance. Any changes from our ordinance should reduce the height and size of signs, not increase it. Contrary to the developers opinion, our ordinance specifically accommodates multiple tenant retail centers. Our ordinance is not considered to be overly restrictive. I have found developments in other cities that include Home Depot, Wal-Mart, and other big box retailers with far more restrictive signage requirements. In addition, the signs should be integrated into an overall signage plan which includes not more than two free standing entrance signs, one monument sign for each smaller pad and wall signs. Materials need to be consistent with condition 20 and complimentary to the structures and landscaping plan. ��r�a[=a�w�:�Irna iniw ��uu��[��:�►�suw�rin��i�nn[:ai�[nn�rui�t` 24. That a comprehensive sign plan be submitted which indicates an integrated design of lettering and materials. Two main entry suns shall be used which may be located at the property boundary and not to exceed 270 square feet per face or 28 feet in height. All other suns shall comply with the Kalispell Zoning Ordinance. Freestanding signs shall be limited to the proposed monument signs for the businesses along Highway 93. The use of oversized signs, garish or corporate colors, trademarks, or logos on the buildings shall be avoided as a primary means of advertising. Except as specifically set forth in this condition, all signage shall comply with the Kalispell Zoning Ordinance. 'Based on present plans, it is anticipated that the total amount of sign area allowed for the project will be 2597.5 square feet after the project is fully developed. One large pylon freestanding sign shall be allowed along each frontage, with the size and height of the sign determined under Section 27.24.080(d) of the Kalispell ;Zoning Ordinance. In addition, one monument sign for each of the five smaller pads will be allowed (up to 8 feet in height and 60 square feet per, face). In addition, a comprehensive sign plan shall be submitted and approved by the Site Development Review Committee detailing coordination as to the number, mode of display, location, size, height, colors, finish materials, and illumination of each sign with the other signs in Ahe development iand with the architecture of the buildings. Page 4 of 6 Condition 25 has been agreed to by the developer. The elimination of lumberyards does not change the requirement that Home Depot retain their merchandise indoors. It has been suggested that casinos be included in the list of specifically prohibited uses. I would agree with this comment. This project could attract restaurant chains who may want gaming; however, Applebees has a full liquor licence and NO gaming. 25. That the uses allowed within the development shall not include casinos and those other uses which require areas for the display of large merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales and luuinbezyard-s. This would not preclude incidental events associated with the other businesses on the site. Conditions 26, 27 and 28 have been agreed to by the developer; 26. That the three large buildings proposed for the eastern portion of the site shall not exceed 38 feet in height, with an additional seven foot allowance for the screening of roof mounted equipment and as an architectural fagade. 27. That the refuse areas be adequately screened from public view. 28. That the covenants be modified to include some language regarding the maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development. Condition 29 was drastically altered by the planning board. The developer has agreed to secure the construction of infrastructure and improvements within four (4) years with a bond (February 2005). Because we do not have a final detailed design of the project to reference, I would clarify the bonding requirements to include 125% of the cost of everything EXCEPT: building construction; parking lot paving; final landscaping in and around the buildings and parking lots; lighting; signage; and the service lines to each building. Therefore, those things that we would expect to be bonded for include but are not limited to (without the final design): grading for the entire site; all necessary water/sewer lines available to service all of the pads within the development; access roads, storm drainage and sidewalks within the site; cost of removing the MDOT maintenance facility and equipment; and the cost of removing the NuPac batch plant equipment and offices. 29. That the phasing and timing of the development shall occur as proposed. Bonding for the proposed infrastructure and public water and sewer or other acceptable means of insuring that the improvements will be completed as proposed shall be provided by the developer on each phase as the project develops. 29. Bonding for 125% :of the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed no later than four years from the approval of the PUD shall be provided by the developer. Page 5 of 6 Condition 30 has been altered in order to precisely identify when the NuPac sight would be removed. This is consistent with the Waterford PUD. 30. That the removal and / or relocation of the batch plant, associated equipment and warehouses located on the NuPac and the Montana Department of Transportation be accomplished prior to ite issuance of a building permit for phase l occupancy of Phase H. 31. That Domesite LLC / Pack and Company relinquish their interest in the existing development agreement with the City prior to the execution of a development agreement for this project. Condition 32 has been agreed to by the developer; 32. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. Attached is a clean copy of the recommended new conditions of approval per this memo and the planning documents for your review. RECOMMENDATION: The City Council make it clear to the developer that they must agree to the attached conditions prior to the staff dedicating any additional time to this project. FISCAL EFFECTS Unknown at this time. ALTERNATIVES: As suggested by the Council. Respectfully submitted, Chris A. Kukulski City Manager Report compiled January 29, 2001 Page 6 of 6 Proposed 1 i. i of Approval January 1 2001 1. That the development of the site shall be in substantial compliance with application submitted, the site plan and conditions for the PUD as approved by the city council. 2. The proposed development areas within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. 3. That a Phase 11 environmental assessment of the site be completed prior to the detailed design of the utilities. 4. That the plans and specifications for water, sewer, drainage and grading shall be designed and installed in accordance with the Kalispell Design and Construction Standards and shall be subject to review and approval by the Kalispell Public Works Department. 5. That access from the southern access road off of Highway 93 to the adjoining property to the south should be available to accommodate future development on the property through the execution of a development agreement and payment of a latecomers fee to the developer. 6. The fire access and suppression system shall be reviewed and approved by the Kalispell Fire Department for compliance with the Uniform Fire Code. 7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a weed free, dust -free area until such time as that phase is fully developed. 8. That the necessary easements be obtained for the extension of water and sewer services to the site. 9. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from the Montana Department of Transportation and the City of Kalispell. 10. That the northernmost access along Highway 93 near Ole's Country Store be eliminated unless proven to be necessary to improve safety and traffic flow by the traffic study. 11. That trees be placed within the parking lots at a rate of one tree per every 14 parking spaces as indicated in the application narrative. 12. Street trees shall be placed at 40 foot intervals which are a minimum of a two and a quarter inch caliper at planting along both sides of the internal roadways except where they immediately abut a parking lot island or planter or abut building fronts. 13. That the landscaping along Highway 93 and West Reserve Drive include street trees placed at 50 foot intervals which are a minimum of a two and a quarter inch caliper at planting and a minimum three foot tall hedge or shrub between the parking lots and the roadways. 14. That a landscape pod shall be placed at the end of each parking aisle and the parking medians which include a minimum of one street tree at a minimum of a two and a quarter inch caliper along with shrubs or other greenery. 15. The overall landscape plan shall be coordinated with the Kalispell Parks and Recreation Director regarding the exact size and location of the plantings and species lists. 16. That pedestrian walkways be provided as indicated on the site plan that provide a continuous and connected system with the existing walkways along Highway 93 and West Reserve Drive including a sidewalk on both sides of the main entrance road. 17. That the landscape areas within the site be constructed as proposed that includes landscaping, walkways and gazebos. 18. That the use of retaining walls in excess of four feet tall be avoided, but rather the implementation of landscaped terracing be used to make the transition in areas with the steepest grades. 19. The list of materials and exterior building treatments that was part of the application for the final development of the buildings be included in the covenants and development agreement with the City as an exclusive list of materials and exterior building treatments to be used. 20. That the east face of the large buildings not be used for advertising, display of corporate colors or logos and shall be treated with the approved list of building materials and colors. 21. That a lighting plan be submitted which utilizes standard lighting fixtures with downward directed light in compliance with the zoning ordinance. 22. Except as specifically set forth in this condition, all signage shall comply with the Kalispell Zoning Ordinance. Based on present plans, it is anticipated that the total amount of sign area allowed for the project will be 2597.5 square feet after the project is fully developed. One large pylon freestanding sign shall be allowed along each frontage, with the size and height of the sign determined under Section 27.24.080(d) of the Kalispell Zoning Ordinance. In addition, one monument sign for each of the five smaller pads will be allowed (up to 8 feet in height and 60 square feet per face). In addition, a comprehensive sign plan shall be submitted and approved by the Site Development Review Committee detailing coordination as to the number, mode of display, location, size, height, colors, finish materials, and illumination of each sign with the other signs in the development and with the architecture of the buildings. 23. That the uses allowed within the development shall not include casinos and those other uses which require areas for the display of large merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales. This would not preclude incidental events associated with the other businesses on the site. 24. That the three large buildings proposed for the eastern portion of the site shall not exceed 38 feet in height, with an additional seven foot allowance for the screening of roof mounted equipment and as an architectural fagade. 25. That the refuse areas be adequately screened from public view. 26. That the covenants be modified to include some language regarding the maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development. 27. Bonding for 125% of the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed no later than four years from the approval of the PUD shall be provided by the developer. 28. That the removal and/or relocation of the Montana Department of Transportation site be accomplished prior to the issuance of a'building permit for the first building to be developed and that the batch plant, associated equipment and warehouses located on the NuPac site be removed prior to the issuance of a building permit for the second building to be developed. 29. That Domesite LLC / Pack and Company relinquish their interest in the existing development agreement with the City prior to the execution of a development agreement for this project. 30. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development.