Staff Report/Annexation & Zoning Work SessionDATE:
REPORT TO:
FROM:
SUBJECT
MEETING DATE:
City of Kalispell
Planning Department
June 19, 2007
Kalispell Mayor and City Council
City Manager, -,
Sean Conrad, Senior Planner
Annexation and Initial zoning districts
June 25, 2007 work session:
17 - 2"d Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Flathead Village Greens
Willow Creek
Valley Ranch
Scheduled for the council's July 2nd meeting are three projects requesting annexation
and initial zoning. The three projects include Flathead Village Greens, Willow Creek,
and Valley Ranch. The purpose of scheduling these items for the June 25+h work
session is to provide the council with a brief overview of the proposed projects and
answer any questions. A brief discussion of the status of each is provided below.
Flathead Village Greens
Mark Owens d.b.a. as Flathead Village Greens is requesting annexation and initial
zoning of R-2, Single Family Residential, on approximately 180 acres of land located
immediately south of the Silverbrook subdivision along the west side of Highway 93.
The planning board recommended the R-2 zoning upon annexation on a vote of 6 to 1
based on the staff report and compliance with the Kalispell Growth Policy. The
developer is interested in securing annexation and zoning so that he can begin the
process of preparing a development plan and preliminary plat for the site.
Willow Creek
Wayne Turner is requesting a growth policy amendment, annexation and R-3 zoning
for a 140t acre site located on the north side of Foys Lake Road. Mr. Turner has
requested a growth policy amendment on approximately 30 acres of the 140 acre site
from Industrial to Suburban Residential. He has also requested the initial zoning
classification of R-3, Urban Single Family Residential, upon annexing into the city. At
the planning board's April 10th meeting the board unanimously recommended
approval of the requested growth policy amendment. At the planning board's May 8th
meeting the board recommended the initial zoning of R-3 on a 5 to 1 vote.
Page 2
Mr. Turner had also applied for a Planned Unit Development (PUD) zoning overlay
district and preliminary plat on the 140 acre site to create a variety of residential
housing opportunities. A public hearing was held at the April 6 planning board
meeting and was continued to May 8. During the May 8th planning board meeting the
planning board recommended denying the proposed PUD request and tabled action on
the preliminary plat. The planning board recommended denial based on the overall
density of 710 housing units, the lack of compliance with the recommended 200 foot
setback along Ashley Creek, general neighborhood compatibility, and a concern for the
negative impacts that traffic will have on the greater neighborhood.
The developer has requested to move forward with the growth policy amendment,
annexation and initial zoning at this time. A revised preliminary plat and PUD has
been submitted to our office with a planning board hearing scheduled for July 10.
The revised proposal deletes approximately 130 condominium units leaving a
neighborhood total of 580.
Valley Ranch
The developers of the proposed 100 acre Valley Ranch development which wraps
around the east and south side of the Ponderosa Subdivision have dropped their
request for a Planned Unit Development on the property and will be requesting just
annexation and initial zoning of R-2 at the council's July 2nd meeting. The proposed
PUD should be remanded back to the planning board for further consideration at such
time as a preliminary plat proposal is submitted on the project site. The applicants felt
that the public and council were having difficulty with the details of the PUD and the
developers concluded that they would be better off finalizing the details of the PUD
along with the preliminary plat application process which they will submit later.
�Y 7 F
REPORTREQUEST FOR INITIAL ZONING OF R-2 UPON ANNEXATIO
STAFF r
REPORTSTAFF r r
r ► �
MARCH 26, ;r
A report to the Kalispell City Planning Board and the Kalispell City Council regarding the
request for annexation and initial zoning of R-2 (Single Family Residential) and a
Planned Unit Development (PUD) on a property located on the east side of Highway 93
approximately 11/2 miles north of the intersection of Highway 93 and West Reserve Drive.
A public hearing has been scheduled before the planning board for April 10, 2007,
beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will
forward a recommendation to the Kalispell City Council for final action.
A. Petitioner and Owners: Gateway Properties, Inc.
P.O. Box 8776
Kalispell, MT 59904
(406) 249-7317
TechnicalAssistance: Sitescape Associates
P.O. Box 1417
Columbia Falls, MT 59912
(406) 892-3492
B. Nature of the Request: The property owners have requested annexation into the
City of Kalispell with the initial zoning of R-2, Single Family Residential, and a
Planned Unit Development (PUD) overlay zoning district on the 80.7± acre project
site. The PUD will be known as Valley Ranch and is proposing 204 residential lots,
29 townhouse lots, a future assisted and independent living facility with up to 120
units and 15.1 acres of open space and parkland on the project site. The proposed
plan departs from the requested zoning of R-2 with regards to uses permitted within
the zoning district, minimum lot area, minimum lot width and setback requirements.
A detailed discussion of the proposed deviations from the R-2 zoning district can be
found on page 6.
C. Location and Legal Description ofProperty: The properties included in the
proposed project can be described as Tract 2, Tract 3 and Tract 213C in Section 19,
Township 29 North, Range 21 West. The 80.7± acre project site is located on the
east side of Highway 93 approximately 1 1/2 miles north of the intersection of
Highway 93 and West Reserve Drive. The project site has approximately 1,100 feet
of highway frontage between the Ponderosa Veterinary Hospital and Montana Home
Outfitters. From the highway the project site extends east and south wrapping
around the southern boundary of the Ponderosa subdivision.
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D. 'sting Land Use andZoning: The property is currently in the County zoning
jurisdiction and is zoned SAG-10, Suburban Agricultural. The purpose of the SAG-
10 district is to provide and preserve agricultural functions and to provide a buffer
between urban and unlimited agricultural uses, encourage separation of such uses
in areas where potential conflict of uses will be minimized, and to provide areas of
estate -type residential development. The 80.7t acre project site is currently
undeveloped. The land is level for the most part with a small hill along the western
boundary of the site adjacent to Highway 93. Portions of the eastern boundary of
the project site are at the base of another small hill, the majority of which makes up
the area developed with the Ponderosa Subdivision, a single-family residential
subdivision located in the county.
North: Single-family homes and commercial business, County B-1 and
County R-1 zoning
East: Single-family homes; County R-1 and SAG-10 zoning
South: Agricultural lands; County SAG-5 zoning.
West: Commercial businesses and National Guard Armory; County SAG-10
zoning
F. General Land Use Character: This site is in a mixed use area generally
characterized as agricultural lands mixed with single family residences to the east
and north of the site. Immediately south of the site is a large agricultural tract of
land currently undeveloped. To the west, along Highway 93, are existing
commercial businesses and a church. Across Highway 93, on its west side, is a
private golf course.
MMYTTI,,
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
EVALUATION1. • ON • • - INITULL ZONINGAND
PROPOSEDOVERLAY
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 27.30.020, Kalispell
Zoning Ordinance.
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1. Does the requested zone comply with the growth policy?
On August 7, 2006 the Kalispell City Council adopted Resolution 5129B which
amended the Kalispell Growth Policy Future Land Use map north to the
intersection of Highway 93 and Church Drive. On the amended land use map the
80.7 acre project site is designated Suburban Residential with typical densities of
up to 4 dwelling units per gross acre.
The R-2 zoning designation being proposed for the 80.7 acre project site can be
found to be consistent with the Suburban Residential land use designation shown
on the Kalispell Growth Policy Future Land Use Map dated August 8, 2006.
The R-2 zoning district is intended primarily for detached single-family dwellings.
It has a minimum lot size requirement of 9,600 square feet and a minimum lot
width of 70 feet. Setbacks are 20 feet in the front and 10 feet on the sides and
rear. The requested PUD would deviate from the minimum lot sizes but would
maintain a single-family residential development except for a proposed assisted
and independent living facility in the northwest corner of the project site.
The Kalispell Growth Policy 2020, Chapter 3, Policy 9 states in part that
suburban housing densities should not exceed two to four dwellings per gross
acre. The proposed PUD would exceed this density slightly at approximately 4.5
dwelling units per gross acre, however section 27.21.030(4) of the Kalispell
Zoning Ordinance allows a maximum permissible density of 5 dwellings per acre
if a residential PUD is created.
Subsection b of Policy 9 further states that the suburban residential designation
is intended to reduce density and development impacts in sensitive areas and
existing rural neighborhoods. The proposed R-2 zoning district limits the land
uses to primarily single-family residences with a density of approximately 4.5
dwelling units per gross acre. The proposed PUD would provide for larger lots,
varying between 15,OOOt square feet to 30,OOOt square feet adjacent to the
Ponderosa subdivision, as well as lots smaller than minimum lot size under the R-
2 zoning district. The Ponderosa subdivision is a rural neighborhood plated in
the late 1970's and early 1980's. Lots within the Ponderosa subdivision vary
between 1/2 acre to 1 acre in size. The proposed PUD layout would provide larger
lots adjacent to Ponderosa as described above. The larger lots would provide a
transition between the smaller single-family lots proposed in the interior of the
PUD layout. Therefore, the proposed R-2 zoning district and PUD can be found to
comply with the Suburban Residential land use designation and implement the
policies regarding Suburban Housing as found in Chapter 3 of the Kalispell
Growth Policy.
2. Is the requested zone designed to lessen congestion in the streets?
As part of the overall project proposal the developer had a traffic impact study
conducted to provide possible mitigation measures to the increase in traffic the
development proposal will have on Highway 93. It can be anticipated that the
proposed zone change of the property will increase traffic impacts in the area due to
the relatively low density of the area currently and the relatively higher density
allowed under the proposed R-2 and PUD zoning districts. However, through the
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PUD and subsequent subdivision review process conditions will be recommended to
insure that existing streets are upgraded and new traffic routes are provided to lessen
congestion in the streets. A full discussion of the traffic impact study and
recommended mitigation measures can be found under the review for the PUD in this
staff report.
3. Will the requested zone secure safety from fire, panic and other dangers?
At the time this property is developed, the property owners will be required to
insure that there is adequate infrastructure in the case of an emergency. There
are no features related to the property which would compromise the safety of the
public. New construction will be required to be in compliance with the building
safety codes of the City which relate to fire and building safety. All municipal
services including police and fire protection, water and sewer service is available
to the property and will be utilized at the time another lot is created in the future.
The site is within the immediate service area of the new north Kalispell fire
station.
4. Will the requested zone promote the health and general welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties and provides a place for new housing in the community.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
b. Will the requested zone prevent the overcrowding of land?
As previously noted, this area has been anticipated for suburban residential
development. The anticipated densities of the proposed zoning districts can be
found to be consistent with the land use designation for the site. All public
services and facilities will be available to serve this property. An overcrowding of
land would occur if infrastructure were inadequate to accommodate the
development in the area. This is unlikely to occur.
7. Will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will likely result
after this land has been converted from county agricultural zoning to a more intensive
residential use within the city. However, the intensity of the uses of the property
would be in direct relationship to the availability of public services, utilities and
facilities as well as compliance with established design standards. The design
standards and availability of utilities would provide the infrastructure needed to
insure that there will not be an overcrowding of the land or undue concentration of
people. Minimum lot standards and use standards as well as subdivision
development standards will avoid the undue concentration of people at the time
the property is further developed.
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8. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools, parks, and other public requirements?
Municipal water and sewer will be extended along Highway 93 past the site to the
Silverbrook Estates subdivision, located at the intersection of Church Drive and
Highway 93, this summer. The water and sewer lines will be sized to accommodate
this development. The developer would need to extend the needed city services that
are not currently extended to the property at the developers' expense and in
accordance with the city's policies and standards. New improvements to the property
such as roads, water, sewer, parks and drainage would be installed in accordance
with city policies and standards at the developers' expense thereby insuring that there
is adequate provision of services at the site prior to development. Fire, police,
ambulance and public access are adequate to accommodate potential impacts
associated with the development of this site. There will be impacts to services that
can be anticipated as a result of this proposal which can be met by the city. All
public services and facilities are currently available or can be provided to the
property.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The 80.7 acre site is fairly level throughout with a small hill on the western
boundary of the site and some moderate slopes along the eastern boundary of the
site. The proposed R-2 zoning would encompass the entire project site. As stated
previously, Chapter 3, policy 9(b) of the Kalispell Growth Policy states that the
Suburban Residential land use designation is intended to reduce density and
development impacts in sensitive areas. The Suburban Residential designation
encompasses the entire 80.7 acre project site.
Based on the location of the proposed R-2 and PUD zoning districts and their
corresponding uses and densities, the requested zoning does give consideration to
the particular suitability of the property for the particular uses under the
requested zoning districts.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is a mix of agricultural, commercial and rural
residential development. The proposed zoning allows this development to address
needs within the community for a variety of housing types in reasonable proximity to
the city core for the future. Availability of public water and sewer to the area indicate
that this type of development will continue to occur on the urban fringes of the
community to be developed with similar types of uses as is proposed with this
property, i.e. suburban residential rather than rural residential or agricultural uses.
It appears that the proposed rezoning gives reasonable consideration to the character
of the district.
11. Will the proposed zone conserve the value of buildings?
The development anticipated under the proposed zoning is more intensive than the
land uses currently surrounding the project site. City standards will insure that there
is high quality development which will insure the value of buildings and homes is
protected, maintained and conserved. Value of the buildings in the area will be
conserved because the zoning will promote compatible and like uses on this
property as are found on other properties in the immediate area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Suburban residential development is encouraged in areas were services and
facilities are available or can be extended to serve such development such as the
development being proposed in conjunction with the annexation, initial zoning
and PUD request. When the city council adopted the growth policy amendment
for this area and designated the 80.7t acre project site as Suburban Residential,
the council determined at that time suburban residential development was the
most appropriate use of this land. The proposed zoning is consistent with the
growth policy plan.
Project Narrative: Valley Ranch is a residential planned unit development proposed
on property currently in the County. The property owners have requested
annexation into the City of Kalispell with the initial zoning of R-2. The proposed
PUD would allow a variety of residential uses on the 80.7 acre project site not
currently permitted within the R-2 zoning district. The PUD request includes
allowing 204 residential lots, 29 townhouse lots and a future assisted and
independent living facility. The 204 residential lots would vary in size from 6,000
square feet to over 1/2 an acre. The 29 proposed townhouse lots would range in size
from 2,640 square feet to 3,740 square feet. The assisted and independent living
facility is proposed in the northwest corner of the site. The facility would encompass
approximately 4.6 acres and, as stated in the application, will come back before the
planning board and city council as an amendment to the PUD when the developers
are ready to proceed with the facility. The intent of the initial zoning and PUD
request is to secure the zoning and requested deviations included in the PUD to
allow a future subdivision on the 80.7 acre site. The subdivision will, for the most
part, comply with the plan shown on the Valley Ranch Planned Unit Development.
In order to allow the design of the future subdivision shown as part of the
application, the proposed PUD seeks six deviations or relaxations from the Kalispell
Zoning Ordinance. The six relaxations are as follows:
1. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2
zoning district)
The minimum lot size of 9,600 square feet provides an overall maximum density
within the R-2 zoning district of 4 units per acre. The proposed PUD seeks a
density of approximately 4.4 units per acre (204 residential lots, 29 townhouse
lots, 120 unit assisted living facilty/ 80.7 acres) which is slightly higher than the
0
permitted density under the R-2 zoning district. However, this density does fall
within the permitted maximum permissible density of 5 dwelling units/acre under
section 27.21.030, Standards for Planned Unit Development District (PUD), of the
Kalispell Zoning Ordinance.
2. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2
zoning district)
This section requires a minimum lot size of 9,600 square feet for new lots created
in the R-2 zoning district. The owners are requesting a minimum lot size of 6,000
square feet for a detached, single family residence and 2,640 square feet for a
townhouse lot.
3. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2
zoning district)
This section of the code does not permit townhouse units with a configuration of 2
or more attached units. Townhouse units with a configuration of 2 or more
attached units are allowed as a conditional use requiring a conditional use permit
be secured prior to creating the townhouse lots. The developer is requesting that
the townhouse lots be a permitted use rather than a conditional use.
4. Kalispell Zoning Ordinance, Section 27.05.040 (2) (Minimum lot width in the R-2
zoning district)
The minimum lot width in the R-2 zoning district is 70 feet. The developer is
requesting the minimum lot widths be reduced to 48 feet for the detached single
family lots and 25 feet for the townhouse lots.
5. Kalispell Zoning Ordinance, Section 27.05.040 (3) (Minimum yard setbacks in the
R-2 zoning district)
The section requires a front and side corner yard setback of 20 feet with side and
rear setbacks of 10 feet. The developer is requesting the setbacks be reduced to
10 feet for side corner property boundary on all of the lots within the subdivision.
A reduction down to 5 feet from the side setbacks is also requested on all lots
except the larger detached single family lots lining the northern and eastern
boundaries of the project site (lots 1-16 and 179-204 as shown on the Valley
Ranch Planned Unit Development). A 5-foot rear yard setback is also proposed on
all lots with alley access. The 10-foot rear setback would still apply to those lots
without alley access.
6. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2
zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning
district)
The developer is requesting that an assisted and independent living facility with
up to 120 units be permitted within the R-2 zoning district. Currently assisted
and independent living facilities are not permitted or conditionally permitted
within the R-2 zoning district.
a
The following information and evaluation criteria are from Section 27.21.020(2), of the
Kalispell Zoning Ordinance. The intent of the planned unit development provisions are
to provide a zoning district classification which allows some flexibility in the zoning
regulations and the mixing of uses which is balanced with the goal of preserving and
enhancing the integrity of the neighborhood and the environmental values of an area.
The zoning ordinance has a provision for the creation of a PUD district upon annexation
of the property into the city.
Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations
provide that the planning board shall review the PUD application and plan based on the
following criteria:
1. The extent to which the plan departs Erom zoning and subdivisid
regulations otherwise applicable to the subject property, including, but n
limited to, density, bulk and use, and the reasons why such departures a
or • deemed to be 1 • e public interest;
As stated above the owners are requesting six relaxations in the zoning and subdivision
regulations. Below are the six relaxations requested with the consultants reasoning on
why such departures are deemed to be in the public interest. Planning staff has
provided its comments in italics.
1. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2
zoning district)
The minimum lot size of 9,600 square feet provides an overall density within the
R-2 zoning district of 4 units per acre. The proposed PUD seeks a density of
approximately 4.4 units per acre (204 residential lots, 29 townhouse lots, 120
unit assisted living facilty/80.7 acres) which is slightly higher than the permitted
density under the R-2 zoning district. However, this density does fall within the
permitted maximum permissible density of 5 dwelling units/acre under section
27.21.030, Standards for Planned Unit Development District (PUD).
Section 27.05.010, Intent of the R-2 zoning district, states that it is a district to
provide adequate lot areas for urban residential development. Development within
this district should have good thoroughfare and be in proximity to community and
neighborhood facilities such as schools, parks and shopping areas. Although much
of the immediate land surrounding the proposed PUD site is agricultural or rural
residential lands, the city of Kalispell is quickly growing north into this area.
Silverbrook Estates, a 586 residential and commercial development, has recently
been approved with the 325 acre site annexed into the city. Silverbrook Estates is
located approximately '/ mile north of this project. A proposal for a "lifestyle center"
incorporating commercial office, retail and a mix of residential housing has been
discussed for the land immediately south of the project site. With recent
annexations and upcoming development proposals in this area, the proposed
development at 4.4 units an acre would provide a mix of housing types within close
proximity to community and neighborhood facilities. The planning department
would encourage higher densities within close proximity to community and
neighborhood facilities.
2. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2
zoning district)
This section requires a minimum lot size of 9,600 square feet for new lots created
in the R-2 zoning district. The owners are requesting a minimum lot size of 6,000
square feet for a detached, single family residence and 2,640 square feet for a
townhouse lot.
The proposed reduction in lot sizes would allow the overall density of the
subdivision to increase. As stated above, the planning department does not have a
problem with the increase in density for the R-2 zoning district in this particular
area. The PUD would create smaller lots, however, the developers have offset the
smaller lots by creating larger lots, 113 of an acre and larger, along the northern
and eastern project boundaries. These larger lots would abut existing lots within
the Ponderosa subdivision and provide for a transition from the smaller single
family and townhouse lots within the project site to the larger '1 acre to 1 acre lots
within the Ponderosa subdivision. In addition, the project proposes 15.1 acres of
open space and park area totaling approximately 19% of the site.
3. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2
zoning district)
This section of the code does not permit townhouse units with a configuration of 2
or more attached units. Townhouse units with a configuration of 2 or more
attached units are allowed as a conditional use requiring a conditional use permit
be secured prior to creating the townhouse lots. The developer is requesting that
the townhouse lots be a permitted use rather than a conditional use.
Townhouse lots are a conditionally permitted use within the R-2 zoning district. The
proposed PUD would allow 29 townhouse lots or roughly 8 percent of the total
number of dwelling units proposed as part of the Valley Ranch project. The
developers have included in the project proposal 15.1 acres of open space and
parkland. Planning staff would consider the amount of proposed open space and
parkland a reasonable offset to permit the 29 townhouse lots as part of the project
proposal.
4. Kalispell Zoning Ordinance, Section 27.05.040 (2) (Minimum lot width in the R-2
zoning district)
The minimum lot width in the R-2 zoning district is 70 feet. The developer is
requesting the minimum lot widths be reduced to 48 feet for the detached single
family lots and 25 feet for the townhouse lots.
The reduced lot widths would apply to the smaller, interior lots within the
subdivision. Planning staff does not have a problem with the reduced lot widths as
the developer has placed the larger lots which conform to the R-2 zoning district
adjacent to existing large residential lots in the Ponderosa subdivision.
Furthermore, the developer has widened the corner lots in order to accommodate the
side corner setbacks required under the zoning code. The sidecorner setbacks are
X
greater in width than side setbacks and can be problematic if not taken into account
during the design of future homes.
5. Kalispell Zoning Ordinance, Section 27.05.040 (3) (Minimum yard setbacks in the
R-2 zoning district)
The section requires a front and side corner yard setback of 20 feet with side and
rear setbacks of 10 feet. The developer is requesting the setbacks be reduced to
10 feet for the side corner property boundary on all of the lots within the
subdivision. A reduction down to 5 feet from the side setbacks is also requested
on all lots except the larger detached single family lots lining the northern and
eastern boundaries of the project site (lots 1-16 and 179-204 as shown on the
Valley Ranch Planned Unit Development). A 5-foot rear yard setback is also
proposed on all lots with alley access. The 10-foot rear setback would still apply
to those lots without alley access
The planning department does not have a problem with the reduced setbacks for
homes on the individual lots. The setbacks proposed as part of the PUD are more
conducive to the smaller, urban scale development the developer is trying to
achieve. However, the 10 foot side corner setback and 5-foot rear yard setback
would not apply to garages. Existing developments in the city have proved
problematic when garages are allowed within 10 feet of the side comer property
boundary. The potential to park in front of the garage is high which often times
results in a car or truck extending over the adjacent sidewalk. This same problem
can be extended to the garages setback just 5 feet from the alley. A car parking in
front of the garage would extend into the travel lane of the alley. A 5-foot setback
would work for a garage off of an alley if the garage is side loaded wherein the
garage doors are facing parallel to the alley instead of perpendicular.
6. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2
zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning
district)
The developer is requesting that an assisted and independent living facility with
up to 120 units be permitted within the R-2 zoning district. Currently assisted
and independent living facilities are not permitted or conditionally permitted
within the R-2 zoning district.
Assisted and independent living facilities are currently permitted as a conditional
use within the low and medium density residential apartment zoning districts and
the H-I (Health Care) zoning district. The proposed assisted and independent living
facility would take up an area approximately 4.6 acres or roughly 6 percent of the
entire site. The assisted and independent living facility would provide options for
residents in the area that may want to live close to family residing in homes to the
south or east within the same subdivision. Chapter 3 of the Kalispell Growth Policy,
Goal 1 states, "Provide an adequate supply and mix of housing that meets the
needs of present and future residents in terms of cost, type, design and location."
The incorporation of the assisted and independent living facility into the overall
project would help the PUD achieve this goal.
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Upon reviewing the PUD proposal the Fire Department and Building Department
recommended that an automatic fire suppression system be required as part of
construction for the assisted and independent living facility. The building and fire
codes may not require it depending on the size of the future building and type of
construction, however, the departments felt that requiring the developer to include
an automatic fire suppression system in the building's design would help to
alleviate life safety issues. Furthermore, the Planning Department is recommending
that future design of the facility incorporate a public transportation stop since many
of the residents within the facility may not be driving.
Because of the lack of specific detail provided for the assisted living facility, the
owners shall submit an amendment to the PUD specifically addressing architecture,
access, parking, landscaping and screening and other impacts as deemed
appropriate by the staff.
Figure 1: View of the project site looking north towards Whitefish. Highway 93 is on
the left side of the picture. The Ponderosa Veterinary Hospital and existing homes
within the Ponderosa subdivision are in the background.
The proposed PUD is deemed to be in the public interest because it provides housing
options in an area of the city for which the type of density proposed has been
anticipated.
2. 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 PUD plan calls out 15.1 acres of open space and parkland throughout the 80.7 acre
site. The 15.1 acres is in the form of neighborhood parks, perimeter buffers and accent
areas at project gateways. The application states that the open space areas will be
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governed by a homeowner's association with portions of the large open space/park areas
offered to the City of Kalispell for public park space.
The Valley Ranch Planned Unit Development plan shows seven areas labeled on the plan
as park area. These park areas range in size from approximately 6,400 square feet to
close to three acres in size. The park areas, as shown on the plan, are spread
throughout the proposed project with a 20-foot wide buffer area located along the
eastern and northern boundaries of the site to provide some separation from the project
site and existing rural residential and agricultural tracts of land. One of the larger park
areas proposed is adjacent to the park area of the Ponderosa subdivision. The
Ponderosa park is privately owned and maintained by the homeowners association. The
developer has proposed a large park area next to the existing park within the Ponderosa
subdivision to allow for a generous sized open space transition between two residential
developments.
The proposed 15.1 acres of open space and parkland is adequate to provide for the
active and passive recreational uses within the residential PUD. The PUD request would
allow 204 residential lots, 29 townhouse lots, 80 assisted living units and 40
independent living units; a total of 353 dwelling units on the project site if the PUD is
approved. Section 3.19(A)(2) of the Kalispell Subdivision Regulations requires the
subdivider to dedicate to the City a cash or land dedication equal to 0.03 acres per
dwelling unit when residential densities in a proposed subdivision exceed 11,880 square
feet per dwelling unit. This equates to a cash or land dedication equal to 10.59 acres.
Although the assisted and independent living units technically would not be included in
this calculation because no land is being subdivided to accommodate those units, the
PUD still requires the city to address the open space needs of the development as a
whole. Therefore, these units have been included in the open space review.
The proposed 15.1 acres exceeds what would be required under subdivision regulations
and can be considered appropriate for the amount of dwelling units proposed. However,
of the 15.1 acres proposed as open space and parkland, at a minimum, 10.59 acres
should be incorporated as parkland meeting the parkland requirements in the Kalispell
Subdivision Regulations along with a recommendation from the Parks and Recreation
Director. Not only shall this land be included as parkland but improved to function as a
park with improvements to be proposed by the developer and reviewed by the Parks and
Recreation Director.
The Parks and Recreation Department reviewed the proposed PUD park plan and had
the following comments on the project. The Department recommends that when a
subdivision is proposed the park areas should be condensed from seven down to two
park areas which would serve an active recreation function in the subdivision. The
Department felt that should the city accept the larger park areas, as stated in the
application, maintaining two larger parks would be more economical than maintaining
several smaller parks. The Department added that the 20-foot buffer areas along the
perimeter of the project site may be counted towards the parkland requirements if a trail
system is provided which connects the residential units throughout the project with the
parkland areas.
In addition, the Department felt that the proposed park area adjacent to Highway 93
would not be counted towards the overall parkland needs of the subdivision due to its
location and undulating topography. The planning department would recommend that
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this area remain as it provides additional open space within the overall PUD and, as
stated in the application, would make a great site for passive recreation and excellent
views of the valley floor and beyond. The open space area also provides a noise barrier
for future residents to the east of the open space and Highway 93.
Figure 2: View of the open space/parkland adjacent to Highway 93 looking south
towards Kalispell. Highway 93 is just outside the picture frame on the right.
The Kalispell Growth Policy, Highway 93 North Growth Policy Amendment, Policy 3.i.i
recommends a minimum 100-150 foot impact area be provided for major entrances. The
PUD proposes a 50-foot setback as well as a passive park area along the project's
Highway 93 frontage. Fifty foot setbacks for minor entrances are recommended in the
growth policy however Policy 2. c of the Highway 93 North Growth Policy Amendment
identifies Whitefish Stage from West Reserve Drive to Birch Grove as a minor entrance
way. Therefore, a condition on the PUD will require the impact area along Highway 93
to be expanded to a minimum of 100 feet. This would add approximately 30,000 square
feet (0.7t of an acre) in addition to the proposed 15.1 acres of open space and parkland.
3. 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;
The extension of water and sewer to the site will be required to serve the development.
The application states that an 8-inch water main will be installed as part of the internal
water distribution system. The 8-inch water main will connect to a future major
transmission pipeline to be constructed along the east side of the Highway 93 right-of-
way to service the Silverbrook development located north of the project site.
The application also states that sewage collection will be provided by an 8-inch diameter
or larger gravity sewer collection main that will drain to a pump station. The pressure
main from the pump station will convey the sewage to the future new interceptor that
will be installed along the east side of Highway 93 to serve the Silverbrook subdivision.
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The General Layout for Water, Sewer and Storm Water for the proposed project indicates
a sewage lift station would be located in the proposed park area immediately south of
lots 70-76. Due to the visual presence and fencing accompanying a typical lift station a
recommended condition of approval for the PUD would require a landscaping plan be
provided as part of the preliminary plat of the future subdivision and implemented prior
to final plat approval. The landscaping would help to screen the lift station from
residents, pedestrians and vehicular traffic coming into and out of the subdivision.
Storm water management will be required to be handled and retained on site. The storm
water layout plan indicates a number of underground storm water detention areas will
be utilized within the park areas throughout the project site. If the park areas are
required to be condensed, then the storm water plan will need to be modified
accordingly.
The developer hired WGM Group, Inc. of Missoula to conduct a traffic impact study for
the proposed project. The traffic impact study determined weekday average daily traffic
to be approximately 2,600 vehicles trips. The majority of these trips during peak traffic
hours are anticipated to travel south of the project site.
As a result of the traffic impact study the Valley Ranch Planned Unit Development layout
shows two access points along Highway 93 that would be 3/4 turning movements at this
time (allowing left and right -turns in and right -turns out, but prohibiting left turns out
for traffic to travel southbound on Highway 93). A full movement intersection onto
Highway 93, which would allow traffic to travel south from the project site, is not
proposed because of the poor level of service for this turning movement. Due to the
access limitations to the site the traffic impact study recommends a connection with the
commercially zoned property immediately south of the project site when the site is
developed. A connection to the south would provide the project site with a connection
with Rose Crossing and a potential future signalized intersection of Rose Crossing and
Highway 93. The project proposal also includes future roadway connections to the east
and south as well as a road right-of-way dedication to tracts 2BAA and 2BA located west
of the site between the project site and Highway 93.
Based on the traffic impact study, city staff is recommending that a condition of the PUD
require the future subdivision on this site not be given final plat approval until a
connection is made to the south or east which provides a full movement intersection.
The access to the south would be through a potential commercial site and connect with
Highway 93 as stated in the traffic impact study. To the east a future road connection is
possible through existing agricultural land with a road intersection at Whitefish Stage.
In either case, the future roadway connection will need to be constructed to city
standards and be adequate to handle the volume of traffic generated by this
development and subsequent development in the immediate area.
The project includes approximately 2.7 miles of internal roadways constructed to city
design standards. However, the developers have opted to design the roads with 7-foot
wide boulevards instead of the standard 5-foot boulevards. The project design also
includes the use of alleys on the smaller detached single-family lots and the townhouse
lots. With the use of alleys planning staff is recommending the power, phone, natural
gas and cable television lines normally placed just outside the road right-of-way instead
be located within the alley right-of-way. This would place potential electrical and phone
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pedestals in the alley preventing the street sides of the lots from being obscured with
utility boxes and pedestals.
The proposed R-2 zoning as well as the proposed PUD amendments still require housing
setbacks and height limitations to provide for adequate light and air within the project
proposal. Design guidelines have been included to provide housing standards to
maintain the visual quality of the entire project.
The park areas and open space area will provide the recreational amenity within the
development. These facilities will be owned and maintained by the homeowners
association with the larger parks within the project being offered to the city to own and
maintain.
The project is proposed in a rural area of Flathead County with existing rural residential
development immediately north of the project site. There are also several businesses
located along Highway 93 immediately west and north of the site. Development of the
80.7 acre project site has the potential to impact existing residences of the Ponderosa
subdivision located north of the project site. The Ponderosa subdivision is a rural
neighborhood platted in the late 1970's and early 1980's. Lots within the Ponderosa
subdivision vary between 1/2 acre to 1 acre in size. For decades residents in the Ponderosa
subdivision have lived in a relatively quiet rural setting but as the city grows northward it is
reasonable to expect city densities to accompany this northward expansion. The developers
have tried to offset some of the housing density impacts by incorporating larger lots, varying
between 15,000± square feet to 30,000± square feet, adjacent to the Ponderosa
subdivision and proposing a park area next to the existing homeowners park in Ponderosa.
The developer has also proposed a 20-foot wide open space corridor between the
proposed lots and the existing lots within the Ponderosa subdivision thereby creating a
greater setback from future houses within Valley Ranch to existing homes within
Ponderosa.
For the past 5 years the City of Kalispell has been experiencing tremendous growth outward
from its city limits. Along the Highway 93 corridor large commercial subdivisions have been
approved allowing larger, "big box" retailers to locate on the northern end of Kalispell. A new
high school is currently under construction approximately 1 1/2 miles to the southwest of the
project site. The Kalispell Growth Policy Future Land Use Map designates the 80.7t acre
project area as Suburban Residential for which the map provides a density not to exceed 4
dwellings per gross acre. This Suburban Residential land use designation was designed to
lessen the impacts future city growth may have on surrounding agricultural lands and rural
residential development.
attorney;S. 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
The application states that a phasing plan will be developed as soon as access
connections are developed to facilitate a left turn access to Kalispell. The left turn
access depends in large part on the development schedule of the property immediately
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south of the project site. The developer is requesting that as soon as the connection to
Rose Crossing can be made to facilitate a left turn movement south on Highway 93, the
future development of Valley Ranch will proceed as phased preliminary and final plats.
The developer has therefore not provided development phasing at this time.
Although planning staff acknowledges the development constraints on the property and
the developer's dependence on future projects located to the south, the proposed PUD, if
approved, should have a sunset date. Planning staff recommends that the PUD be valid
for a period of three years with the option for a one year extension. Within this time the
developers would need to obtain approval of a preliminary plat for the project site.
When a preliminary plat is submitted and approved for the site the preliminary plat will
have up to three years to complete the first phase and two years to complete subsequent
phases, if applicable. However, the PUD will expire if, after preliminary plat approval is
given, the final plat is not filed within the above stated timeframes (i.e. a maximum of 7
years from the PUD approval date) .
No other specific deviations from the Kalispell Zoning Ordinance can be identified based
upon the information submitted with the application other than those addressed in the
beginning of this report.
• r �
Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KA-07-5 and recommend that initial zoning of the 80.7 acre site
be R-2 as shown on the zoning district map for the property.
II. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KPUD-07-2 as findings of fact and recommend to the Kalispell
City Council that the PUD for Valley Ranch be approved subject to the conditions
listed below:
General Conditions:
That the development of the site shall be in substantial compliance with the
following plans, materials and other specifications as well as any additional
conditions associated with the PUD as approved by the city council:
Valley Ranch PUD plan dated 3-5-07
Valley Ranch PUD plan indicting lots sizes and land use types dated 3-5-07.
Note: The approved PUD allows the density to increase in the R-2 district as
well as allow a reduced lot size and width to accommodate the proposed PUD
plan.
2. Townhouse lots with a configuration of 2 or more units shall be permitted within
the Valley Ranch PUD however all garages shall be alley loaded.
3. An assisted and independent living facility shall be permitted within the Valley
Ranch PUD. Prior to obtaining a building permit for the assisted and
independent living facility the developer shall submit an amendment to the Valley
v
Ranch PUD for a public hearing showing the location, size, elevations,
landscaping and parking associated with the assisted and independent living
facility. Note: The building shall incorporate four sided architecture and an on -
site public transit location. Building plans shall incorporate the use of an
automatic fire suppression system.
4. Setbacks shall be amended as follows and shall apply only to the house unless
otherwise specified:
a. 10 feet for the side corner property boundary on all of the lots
b. 5 foot side setbacks on all lots except the larger detached single family lots
lining the northern and eastern boundaries of the project site (lots 1-16
and 179-204 as shown on the Valley Ranch Planned Unit Development)
C. 5-foot rear yard setback for the garage only on all lots with alley access.
The 10-foot rear setback shall still apply to those lots without alley access.
Note: In order for a garage to utilize the 5-foot setback the garage doors
shall be side loaded (garage doors are facing parallel to the alley instead of
perpendicular)
5. The impact area along Highway 93 shall be expanded to a minimum of 100 feet.
Within this area the developer shall incorporate a combination of berming,
landscaping and a 10-foot wide bike/pedestrian path along the project's Highway
93 frontage. A detailed plan of this impact area shall be provided with the
submittal of a preliminary plat for the project site.
6. Any parking or signage within the impact area shall only be permitted as an
amendment to the Valley Ranch PUD. Signs shall be limited to monument signs
and shall be located in the rear portion of the impacted area, other free standing
signs shall not be allowed.
7. A landscaping plan for any lift stations on the project site shall be provided with
the submittal of a preliminary plat. The landscaping plan shall incorporate a
combination of trees and shrubs with a density adequate to screen the lift station
from public view.
8. The future subdivision on the project site shall not be given final plat approval
until a street connection is made to the south or east which provides a full
movement intersection in order for traffic to travel south on either Highway 93 or
Whitefish Stage Road.
9. The open space and parkland shall comprise of 15.1 acres plus the additional
land area needed to provide a minimum 100 foot buffer along Highway 93. The
area shown on the approved PUD plan as parkland adjacent to Highway 93 shall
remain in size and shape as shown on the approved plan. Exact size and location
of other parks shown on the approved PUD plan shall be determined by the city
council with recommendations from the Parks and Recreation Director and
planning board.
10. Upon submitting a preliminary plat for the project site the developer shall submit
a parks improvement plan to be reviewed by the Parks and Recreation Director.
Of the IS. 1+ acres of open space and parkland a minimum of 10.59 acres shall
be incorporated as parkland.
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11. The power, phone, natural gas and cable television lines shall be located within
the alley right-of-way. Where an alley is not adjacent to the lot the power, phone,
natural gas and cable television lines shall be located within a separate 5-foot
easement outside of the road right-of-way easement.
12. Street lighting shall be located within the development and shall have a full cutoff
lens so that it does not intrude unnecessarily onto adjoining properties.
13. Approval of the planned unit development shall be valid for a period of three years
from the date of approval with the possibility of a one-year extension to be
granted by the city council. Within this time the developers shall obtain approval
of a preliminary plat for the project site. When a preliminary plat is submitted
and approved for the site the preliminary plat will have up to three years to
complete the first phase and two years to complete subsequent phases, if
applicable. The Valley Ranch PUD shall expire if, after preliminary plat approval
is given, the final plat is not filed within the above stated timeframes
IN