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Staff Report/Annexation & Zoning dated 01/07/08City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Wolford Development Montana, LLC -Annexation and Initial Zoning of R-3 (Urban Single Family Residential), R-4 (Two Family Residential), B- 1 (Neighborhood Buffer District), and B-3(Community Business), Planned Unit Development and Preliminary Plat approval for the first phase of the Glacier Town Center project MEETING DATE: January 7, 2008 BACKGROUND: The Kalispell City Planning Board met on November 27, 2007 and held a public hearing to consider a request for annexation of a 485.5 acre project site into the city of Kalispell with four zoning districts placed on the project site; B-3, B-1, R-4, and R-3. Accompanying the annexation and initial zoning application is a request for two planned unit development (PUD) overlay zoning districts. A commercial PUD with the underlying zoning district of B-3 and a mixed residential/ commercial PUD with the underlying zoning districts of B-1, R-4, and R-3. The conceptual site plan with the PUD, known as Glacier Town Center, provides the general land uses throughout the 485.5 acre project site. These include 282 single family residences, 150 townhomes and 200 apartment or condominium units. The commercial aspect of the project includes a lifestyle center and a separate power center along with a number of commercial and office out parcels totaling approximately 1.8 million square feet of commercial and office space. In addition to the PUD request the developer requested preliminary plat approval for the first phase of a five phase project. This first phase is located on the west side of the 485.5 acre project site along Highway 93 North. The first phase consists of 191.6 acres divided into 37 lots, 36 of which are commercial lots and one lot for a future community center. The lot sizes range from 1 acre to 39 acres. The first phase also includes 5.6 acres of open space along Highway 93 North and a 17.6 acre park. The 485.5 acre project site is located above West Reserve Drive and spans the distance between Highway 93 North and Whitefish Stage Road. The project site is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive and Semitool along its southern boundary, Highway 93 North along it's western boundary, Whitefish Stage Road along it's eastern boundary and a combination of state owned land and lands within the city and county along it's northern boundary. The 485.5 acre project site includes assessor's tracts 2C, 2D, 6A, 1, 3, 4, 113, 1C, 1CA, 1E, 1F, 1G, 2C, 2CA and is located within portions of Sections 19 and 30 of Township 29 North, Range 21 West, Principle Meridian, Flathead County, Montana. Sean Conrad of the Kalispell Planning Department presented staff reports #KA-07-17, KPUD-07-6, and KPP-07-12 evaluating the proposed project. Staff recommended the planning board recommend approving the requested initial zonings of R-3, R-4, B-1, B-3, the Planned Unit Development and preliminary plat subject to the conditions listed in the staff report. The developer and his consultant team spoke in favor of the proposed project however provided the planning staff and planning board with a letter outlining 9 conditions the developer had concerns with. In addition to the developer, 15 other people spoke in favor of the proposed project. Those speaking in favor felt that the commercial aspect of the project would be a good thing for Kalispell as well as the amount of infrastructure improvements which would coincide with the development. Chief among these was the Rose Crossing connection to Highway 93 which some felt was important. One person spoke in opposition to the proposed project. Her concerns included, in part, the short review period for the staff report, transportation impacts, the amount of commercial in the project not being consistent with the growth policy, and the need to address affordable housing. The planning department also received 3 letters for and 8 letters against the proposed project for the November 27th meeting. The letters against the project included needing additional time for public review, traffic impacts, cost to taxpayers to cover increases in the sewer plant to serve such a project and limiting general commercial in this area in accordance with the growth policy. After the public hearing the board discussed the project proposal and unanimously recommended the city council approve the requested initial zonings of R-3, R-4, B-1, and B-3 for the 485.5 acre project site. Due to the late hour, the planning board tabled discussion on the remaining portions of the project, the PUD and preliminary plat of phase 1, until the December llth planning board meeting. On November 29, 2007 staff had a phone conference with the developer and CTA to discuss the issues brought up in the November 27 letter. After this meeting CTA provided staff with a revised list of concerns. This revised letter was dated December 4th and is the letter staff addressed in its memo to the planning board dated December 6th. At the December llth meeting several people spoke both for and against the project during the "hear the public" portion of the meeting. Staff provided a brief synopsis of the November 27th meeting and informed the planning board that the planning department had received 60 letters and emails since the November 27th meeting. The majority of the letters had concerns with the project which included prohibiting more stoplights between Kalispell and Whitefish, ensuring new development moves forward concurrently with needed transportation infrastructure, and identifying transportation solutions before development applications are considered for subdivision review. The planning board took time during the meeting to review the 60 letters. After reviewing the letters, planning staff discussed each of the ten issues included in the December 6th memo to the board. The board agreed with all of staffs recommendations contained in the memo. However, upon discussing the last issue in the memo, issue 10 regarding highway access, the board discussed this for some time. The planning board acknowledged that MDT had ultimate responsibility to review the traffic study provided by the developer and based on that study to approve the access points and intersection designs on Highway 93. However, the board had concerns with the assumptions of the study itself. Furthermore several board members had a concern that the project failed to provide a design which limited the number of access points onto Highway 93, thereby limiting or doing away with the need for additional traffic lights to serve the project. Several planning board members cited Policy 3 under Goal 1 of the Highway 93 North Growth Policy amendment which includes the following policy statements: The following design standards are intended to enhance the gateway entrances to Kalispell a. Access control is important along the gateway entrance roads. b. Access should be coordinated so as to allow only collector or arterial streets to intersect. The judicious use of right -in right -out approaches, frontage roads and good internal development street design should be the rule to reduce or eliminate the need for direct access onto major gateway roads. However, other planning board members felt that with the increase in allowable commercial land uses in this area the above mentioned policy may no longer be relevant. Two alternative motions were voted on regarding the proposed access onto Highway 93. The first motion moved to include a recommendation to allow for two signalized intersections on Highway 93, one at Rose Crossing, the other at access B, shown as Sweet Meadow Lane on the preliminary plat and located immediately north of the cemetery property. The basis of this motion was a revised site plan provided to the planning board which depicted what the project would look like with two signalized intersections, one on the north end the other at the south end, serving the project site. The two signalized intersection locations were based on a letter from MDOT which stated that the Department conceptually approved of two signalized intersections. This motion failed on a vote of 3 to 3. The second motion moved to restrict access B to a right-in/right-out access only. The planning board members who voted in favor of this motion felt this would provide for access points along Highway 93 more in line with the access policies cited above. This motion failed on a vote of 3 to 3. During general board discussion on the PUD a motion was moved and seconded to define the urban mixed use portion of the project site as follows: Of the 25% called for to be urban mixed use retail uses could not exceed 1/4 of this area and office uses could not exceed 1/4 of this area. The remaining area under the mixed use designation shall be residential with 1/4 to be made up of medium density residential and the other 1/4 to be made up of high density residential. The purpose of this motion was to further define policy 7.f of chapter 4 of the Kalispell Growth Policy which states, "Allow a compatible mix of higher -intensity uses including office as well as some commercial and light industrial; medium and high density residential and public facilities." This motion failed on a vote of 3 to 3. The planning board ultimately recommended approval of the PUD on a vote of 4 to 2 subject to the original conditions listed in the staff report as amended by the December 6th memo to the planning board. (Note: This motion provided for stop lights at Rose Crossing and access "B", by the cemetery, and a "right-in/right-out only" at the main entrance, access "A"). The planning board then discussed the preliminary plat. A motion was made to approve the preliminary plat with the staff recommended conditions with an additional condition requiring the lots to waive their right to protest a future SID. This motion was approved on a 4 to 2 vote. The original staff report sent to the planning board for the November 27th meeting has been revised to reflect the planning board's recommendation to the council. Since the December llth planning board meeting the planning department has received over 30 letters with concerns about the Glacier Town Center project. These letters as well as letters submitted for the November 27th and December llth planning board meetings are attached. RECOMMENDATION: Hold a public hearing on the Glacier Town Center project. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled December 28, 2007 ames H. Patrick City Manager Attachments: Amended report # KA-07-17, KPUD-07-6 and KPP-07-12, Public comment letters and application materials Minutes 11/27/07 and 12/ 11/07 planning board meetings c: Theresa White, Kalispell City Clerk City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com December 20, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Wolford Development Montana, LLC -Annexation and Initial Zoning of R-3 (Urban Single Family Residential), R-4 (Two Family Residential), B- 1(Neighborhood Buffer District), and B-3(Community Business), Planned Unit Development and Preliminary Plat approval for the first phase of the Glacier Town Center project Dear Jim: The Kalispell City Planning Board met on November 27, 2007 and held a public hearing to consider a request for annexation of a 485.5 acre project site into the city of Kalispell with four zoning districts placed on the project site; B-3, B-1, R-4, and R-3. Accompanying the annexation and initial zoning application is a request for two planned unit development (PUD) overlay zoning districts. A commercial PUD with the underlying zoning district of B-3 and a mixed residential/commercial PUD with the underlying zoning districts of B-1, R-4, and R-3. The conceptual site plan with the PUD, known as Glacier Town Center, provides the general land uses throughout the 485.5 acre project site. These include 282 single family residences, 150 townhomes and 200 apartment or condominium units. The commercial aspect of the project includes a lifestyle center and a separate power center along with a number of commercial and office out parcels totaling approximately 1.8 million square feet of commercial and office space. In addition to the PUD request the developer requested preliminary plat approval for the first phase of a five phase project. This first phase is located on the west side of the 485.5 acre project site along Highway 93 North. The first phase consists of 191.6 acres divided into 37 lots, 36 of which are commercial lots and one lot for a future community center. The lot sizes range from 1 acre to 39 acres. The first phase also includes 5.6 acres of open space along Highway 93 North and a 17.6 acre park. The 485.5 acre project site is located above West Reserve Drive and spans the distance between Highway 93 North and Whitefish Stage Road. The project site is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive and Semi tool along its southern boundary, Highway 93 North along it's western boundary, Whitefish Stage Road along it's eastern boundary and a combination of state owned land and lands within the city and county along it's northern boundary. The 485.5 acre project site includes assessor's tracts 2C, 2D, 6A, 1, 3, 4, 1B, 1C, 1CA, lE, 1F, 1G, 2C, 2CA and is located within portions of Sections 19 and 30 of Township 29 North, Range 21 West, Principle Meridian, Flathead County, Montana. Sean Conrad of the Kalispell Planning Department presented staff reports #KA-07-17, KPUD-07-6, and KPP-07-12 evaluating the proposed project. Staff recommended the planning board recommend approving the requested initial zonings of R-3, R-4, B-1, B-3, the Planned Unit Development and preliminary plat subject to the conditions listed in the staff report. The developer and his consultant team spoke in favor of the proposed project however provided the planning staff and planning board with a letter outlining 9 conditions the developer had a concern with. In addition to the developer 15 other people spoke in favor of the proposed project. Those speaking in favor felt that the commercial aspect of the project would be a good thing for Kalispell as well as the amount of infrastructure improvements which would coincide with the development. Chief among these was the Rose Crossing connection to Highway 93 which some felt was important. One person spoke in opposition to the proposed project. Her concerns included, in part, the short review period for the staff report, transportation impacts, the amount of commercial in the project not being consistent with the growth policy, and the need to address affordable housing. The planning department also received 3 letters for and 8 letters against the proposed project for the November 27th meeting. The letters against the project included needing additional time for public review, traffic impacts, cost to taxpayers to cover increases in the sewer plant to serve such a project and limiting the general commercial in this area in accordance with the growth policy. After the public hearing the board discussed the project proposal and unanimously recommended the city council approve the requested initial zonings of R-3, R-4, B-1, and B-3 for the 485.5 acre project site. Due to the late hour, the planning board tabled discussion on the remaining portions of the project, the PUD and preliminary plat of phase 1, until the December 1lth planning board meeting. On November 29, 2007 staff had a phone conference with the developer and CTA to discuss the issues brought up in the November 27 letter. After this meeting CTA provided staff with a revised list of concerns. This revised letter was dated December 4th and is the letter staff addressed in its memo to the planning board dated December 6th. At the December 6th meeting several people spoke both for and against the project during the hear the public portion of the meeting. Staff provided a brief synopsis of the November 27th meeting and informed the planning board that the planning department had received 60 letters and emails since the November 27th meeting. The majority of the letters had concerns with the project which included prohibiting more stoplights between Kalispell and Whitefish, ensuring new development moves forward concurrently with needed transportation infrastructure, and identifying transportation solutions before development applications are considered for subdivision review. The planning board took time during the meeting to review the 60 letters. After reviewing the letters, planning staff discussed each of the ten issues included in their December 6th memo to the board. The board agreed with all of staff's recommendations contained in the memo. However, upon discussing the last issue in the memo, issue 10 regarding highway access, the board discussed this for some time. The planning board acknowledged that MDT had ultimate responsibility to review the traffic study provided by the developer and based on that study to approve the access points and intersection designs on Highway 93. However, the board had concerns with the assumptions of the study itself. Furthermore several board members had a concern that the project failed to provide a design which limited the number of access points onto Highway 93, thereby limiting or doing away with the need for additional traffic lights to serve the project. Several planning board members cited Policy 3 under Goal 1 of the Highway 93 North Growth Policy amendment which includes the following policy statements: The following design standards are intended to enhance the gateway entrances to Kalispell a. Access control is important along the gateway entrance roads. b. Access should be coordinated so as to allow only collector or arterial streets to intersect. The judicious use of right -in right -out approaches, frontage roads and good internal development street design should be the rule to reduce or eliminate the need for direct access onto major gateway roads. However, other planning board members felt that with the increase in allowable commercial land uses in this area the above mentioned policy may no longer be relevant. Two alternative motions were voted on regarding the proposed access onto Highway 93. The first motion moved to include a recommendation to allow for two signalized intersections on Highway 93, one at Rose Crossing, the other at access B, shown as Sweet Meadow Lane on the preliminary plat and located immediately north of the cemetery property. The basis of this motion was a revised site plan provided to the planning board which depicted what the project would look like with two signalized intersections, one on the north end the other at the south end, serving the project site. The two signalized intersection locations were based on a letter from MDOT which stated that the Department conceptually approved of two signalized intersections. This motion failed on a vote of 3 to 3. The second motion moved to restrict access B to a right-in/right-out access only. The planning board members who voted in favor of this motion felt this would provide for access points along Highway 93 more in line with the access policies cited above. This motion failed on a vote of 3 to 3. During general board discussion on the PUD a motion was moved and seconded to define the urban mixed use portion of the project site as follows: Of the 25% called for to be urban mixed use retail uses could not exceed 1/4 of this area and office uses could not exceed 1/4 of this area. The remaining area under the mixed use designation shall be residential with 1/4 to be made up of medium density residential and the other 1/4 to be made up of high density residential. The purpose of this motion was to further define policy 7.f of chapter 4 of the Kalispell Growth Policy which states, "Allow a compatible mix of higher -intensity uses including office as well as some commercial and light industrial; medium and high density residential and public facilities." This motion failed on a vote of 3 to 3. The planning board ultimately recommended approval of the PUD on a vote of 4 to 2 subject to the original conditions listed in the staff report as amended by the December 6th memo to the planning board. (Note: This motion provided for stop lights at Rose Crossing and access "B", by the cemetery, and a "right-in/right-out only" at the main entrance, access "A"). The planning board then discussed the preliminary plat. A motion was made to approve the preliminary plat with the staff recommended conditions with an additional condition requiring the lots to waive their right to protest a future SID. This motion was approved on a 4 to 2 vote. Please schedule this matter for the January 7, 2008 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board -3 P,11 Bryan H. Schutt President Attachments: Staff report #KA-07-17, KPUD-07-6 and KPP-07-12 and application materials Exhibit A (conditions of approval) Minutes of the 11/27/07 and 12/11/07 planning board meetings c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Wolford Development Montana, LLC, 1200 Mountain Creek Road, Suite 102, Chattanooga, TN 34715 CTA Architects Engineers, 1143 Stoneridge Drive, Bozeman, MT 59718 EXHIBIT z CONDITIONS OF APPROVAL •R THE GLACIER TOWN CENTER r AN GLACIER 1• PRELIMINARY :r • �• r= r .� : • ' t r • • 1. The Planned Unit Development for Glacier Town Center allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Subdivision Regulations, Section 3.1 LA (Sidewalks) is Allows the development of the roads within the project to be designed as shown in Exhibit F-Roads, of the development application with the following additions: ® Road Section A - provide an 8-foot bike path with a minimum 10-foot boulevard along the western side of the road. The bike path shall connect with the path shown along Many Glacier Road on the PUD site plan and extend south to the southern edge of the BPA easement. ® Road Section C - provide a 5-foot sidewalk on both sides of the roadway. The sidewalk shall be located to the outside edges of the right-of-way providing a minimum 10-foot boulevard. ® Road Section D - provide a 5-foot sidewalk along the outside edge of the roadway. A minimum 5-foot boulevard shall be provided. ® Road Section F - provide a 5-foot sidewalk on both side of the roadway with a minimum boulevard width of 5 feet. Note: The southern most access into the subdivision from Highway 93 North shall have an 8-foot bike path in lieu of a sidewalk on the south side of the roadway to connect with the bike path shown on the PUD site plan. ® Road Section K - provide a 5-foot sidewalk along the southern edge of the right-of-way along the street frontage of lot 32. ® All road sections shall locate the sidewalk or bike path within 1 foot of the right-of-way boundary. B. Kalispell Subdivision Regulations, Section 3.073 (Block length) Allows a minimum block length of less than 300 feet. C. Kalispell Zoning Regulations, Section 27.06.040(3) (Property development standards -setbacks) Allows the rear setbacks reduced to 10 feet. The 10-foot setback shall be for accessory uses such as garages and, on alley loaded lots, the setback shall be taken from the alley right-of-way. D. Kalispell Zoning Regulations, Section 27.07.020(5) (Permitted Uses within R- 4 zoning district) Allows the configuration of three or more townhouse units in the R-4 district only. E. Kalispell Zoning Regulations, Section 27.15.030(13) (Conditionally permitted uses in the B-3 zoning district) Allows retail malls/community shopping centers as a permitted use within the zoning district. The following conditions shall apply to the lifestyle center and power center: i. The developer shall provide the city with a pedestrian access plan for the entire project site. Both trails and sidewalks shown on the PUD plan and as a condition of approval shall be included in the plan. a. Linear row of landscaping material on average every 200-225 feet (typically every 3-4 rows) . b. The landscaping feature will include a combination of trees, bushes and flowers shall extend the length of the parking lot and shall be a minimum of 10 feet wide. c. 1-3 inch round river rock is not an approved landscape material. d. The exterior row of parking lot islands shall be landscaped islands, not just flat concrete slabs. e. Pedestrian connections shall also be made to surrounding streets and the bike path located along Highway 93 North. A minimum of three connections shall be made from the bike path along Highway 93 North to the lifestyle center. A minimum of two connections shall be made from the sidewalk along Rose Crossing to the lifestyle center. Where sidewalks cross traffic lanes, either at public or private streets or within the parking lot, the sidewalk may be at grade but shall be constructed of colored or textured concrete, stone or other contrasting material to visually denote a pedestrian way. Simply painting the walk area is not adequate. f. The plan shall be reviewed and approved by the city's site review committee. F. Kalispell Zoning Regulations, Section 27.15.040(3) (Property development standards in the B-3 zoning district) Allows zero setbacks for buildings on the following lots: Lots 1, 2, and 3 of block I of phase 1 and lots 23, 24, 25, 26, 27, and 28 of block IV of phase 1. G. Kalispell Zoning Regulations, Section 27.15.040(4) (Maximum building height in the B-3 zoning district) Allows a maximum building height of 60 feet within the B-3 zoning district. H. The request to deviate from the outdoor lighting standards in the Kalispell Zoning Regulations, Section 27.22.104, is denied. All outdoor lighting shall be designed and installed in accordance with the zoning regulations. 2. The Glacier Town Center conceptual site plan shall be revised to incorporate the conditions of approval of the PUD. The revised site plan shall be reviewed and approved by the city prior to the final plat of phase 1. Note: The implementation of the conditions may result in the loss of dwelling units. 3. The development of the 485.5 acre site shall substantially comply with the materials submitted and the following maps and elevations contained in the PUD application: A. Glacier Town Center Conceptual site plan (as amended per condition 2) B. Land Use map dated August 6, 2007 C. Proposed Underlying Zoning map dated September 4, 2007 D. Roadway Types map dated August 6, 2007 E. Road profile sections A through P dated August 6, 2007 except profile O which is dated September 4, 2007 Note: Several road profiles shall be amended in accordance with condition 1.A F. Road Ownership map dated August 6, 2007 G. Architectural Elevations for the lifestyle center, power center, commercial and office buildings, single-family, townhouse, and multi -family buildings included in Exhibit H of the application and attached with the sufficiency letter dated November 6, 2007 H. Phasing plan map dated September 4, 2007 I. PUD boundary map dated August 6, 2007 J. Buffer plans for the following areas as modified by condition 11: Highway 93 North Whitefish Stage Road Perimeter landscape buffer K. Sign Plan contained in Exhibit H of the application as amended by condition 14 L. Open Space ownership map with maintenance of the open space areas per condition 9 M. Park plan N. Conceptual Access easement for lots 23 through 28 of Block IV of phase 1 O. Conceptual lot layout plans for single-family and townhomes except that all townhome development shall incorporate alleys P. Streetscape plan for the lifestyle center 4. The following access points or road connections shall be incorporated into the design of future phases of the project: A. Six 60-foot local right-of-ways using 2 per quarter section along the 3 northerly quarter sections of the project site allowing an average spacing of a street every 560-660 feet shall be provided. B. A minimum of one 60-foot local road right-of-way along the residential block adjacent to tracts 1 and 2 of Certificate of Survey 15221 to provide access to these properties western boundary. C. Two 60-foot local road right-of-ways for assessor's tract 2BA. One road right-of-way shall be located on the western boundary and the other along the northern boundary for access onto the future Lake McDonald Road. D. A roadway connection shall be provided between the residential portion of phase 3 and phase 4, located north of Rose Crossing. E. A minimum of three 60-foot road right-of-ways to connect with the Semi tool property located to the east of phase 2 and south of phase 5. One of the roadway connections shall be located from Many Glacier Road east to the Semi tool property in the area of the BPA easement. The other two road right-of-ways shall be located between phase 5 and assessor's tracts 3E and 3A. 5. A minimum of 72.3 acres of developed open space and parkland shall be provided within the Glacier Town Center subdivision less any additional required right-of-ways for local roads and Highway 93 created by the conditions. 6. The developer shall provide the Parks and Recreation Department with a detailed park improvement plan and layout for the central park proposed in phase 1 and the park areas in phases 4 and 5. The park improvement plan shall include but not be limited to walkways, turf, irrigation, landscaping, security lighting, children's play equipment, benches, trash receptacles, drinking fountains, where appropriate, and hard surface play areas to include tennis and/or basketball courts. The plan shall be reviewed and approved by the Parks and Recreation Department in conjunction with the Police Department for the security lighting. 7. The developer shall provide minor amenities (i.e. parking lot, trails, benches, picnic tables, trash receptacles) within the open space area adjacent to the Stillwater River. A plan of these amenities shall be provided to the Parks and Recreation Department and Montana Department of Fish, Wildlife and Parks for review and approval. 8. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and Police Department which includes the pathway width, construction materials, and security lighting for the paths located throughout the Glacier Town Center subdivision. Specifications for the bike path construction will be determined by the Parks and Recreation Department with recommendations provided by the Montana Department of Fish, Wildlife and Parks in areas where the path comes within 200 feet of the high water line of the Stillwater River. 9. The pedestrian/bike path shall be improved in accordance with the approved plan prior to the final plat of each phase of the project. The parks shall be dedicated and improved in accordance with an approved plan by the Parks and Recreation Department pursuant to the following phasing plan: A. Phase 1: The central park shown on the preliminary plat shall be dedicated to the City of Kalispell and improved B. Phase 2: the 7 acres of open space along the Stillwater River shall be dedicated to the City of Kalispell and improved C. Phase 4: A minimum 2.7 acre park shall be dedicated to the City of Kalispell and improved D. Phase 5: A minimum 2.3 acre park shall be dedicated to the City of Kalispell and improved Note: The City of Kalispell Parks and Recreation Department will maintain the parks in phases 1, 2, 4, and 5 listed above. A property owners association shall be created for the maintenance of all other open space areas on the project site. 10. A park maintenance district shall be formed in accordance with section 7-12- 4001 MCA incorporating all the lots, commercial and residential, within the Glacier Town Center subdivision. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat of phases 1-5 of the Glacier Town Center subdivision. 11. The landscaping and irrigation plans for the buffer areas along Highway 93 North and Whitefish Stage Road shall be reviewed and approved by the Parks and Recreation Department. Landscaping within the perimeter buffer areas of the project site may require irrigation where appropriate as determined by the developer and the Parks and Recreation Department. The buffer areas shall be developed as follows: A. Highway 93 North buffer shall include an irrigated landscaping corridor with undulating topography and have a mix of tree plantings with a ground cover predominately of lawn. B. Whitefish Stage Road shall include an irrigated landscaping corridor with undulating topography with landscaped berms a minimum of 5 feet in height from grade and have a mix of tree plantings with a ground cover predominately of lawn. C. The perimeter buffer shall include a landscaped corridor with a minimum width of 20 feet and have a mix of tree plantings with a ground cover. Buildings shall be located a minimum of 20 feet from the edge of the bike/pedestrian trail. The approved irrigation and landscaping plans shall be installed prior to final plat of the respective phase where the buffer is located. Round river rock 1"-3" in diameter is not an appropriate landscape material. Note: Due to seasonal changes bonding is permitted for the approved landscaping/irrigation plans. 12. The following road intersections shall include engineered roundabouts as part of phase 1 as shown on the conceptual traffic diagram for the Glacier Town Center: Sweet Meadow Lane and Many Glacier Road ® Many Glacier Road and the roadway serving phase 3. ® Two roundabouts along Rose Crossing at intersections to be determined by the traffic impact study with input from the Public Works Department. 13. The developer shall work with Eagle Transit to establish bus stop locations throughout the project site. The approved bus stop locations shall be included on the final PUD plan as referenced in condition 2. Bus stop locations shall be improved in accordance with Eagle Transit's requirements. These improvements may include a bus shelter. 14. The signs within the Glacier Town Center shall adhere to the sign plans proposed in the application and referenced in condition 3.K subject to the following conditions: A. Two freestanding signs designated 1.1 of Exhibit H of the application shall be located east of the 100 foot buffer area along Highway 93 North. The signs shall be located at the intersection of Rose Crossing and Highway 93 and the intersection of Sweet Meadows Lane and Highway 93. The use of message boards shall be prohibited. B. One monument sign designated 2.1 of Exhibit H of the application shall be located along the eastern edge of the 100 foot buffer area along Highway 93 North. C. All other detached signs shall be monument signs within the Glacier Town Center Commercial PUD. A monument sign is defined as a freestanding, self-supporting sign, supported by columns and a base, which is placed at ground level, and not attached to any building wall, fence or other structure. Monument signs shall have a maximum building envelope of 6'x6' including architectural embellishments. An example of a monument sign is provided in Exhibit H of the Glacier Town Center application, entry monument sign 2.1. D. Signage on lots 6-10 of Block II and lots 11-16 of Block III of phase 1 shall be limited as follows: i. All monument signs shall be located along the eastern boundary of the lot adjacent to the internal subdivision road. ii. Wall sign area for the west, south and north facing walls of the building shall be limited to a total of 50% of the total sign area allowed for the lot. 15. The maximum building height for the out parcels adjacent to Highway 93 North, lots 6-10 of Block II and lots 11-16 of Block III of Phase 1, shall be 27 feet. 16. Buildings located on the out parcels adjacent to Highway 93 North, lots 6-10 of Block II and lots 11-16 of Block III of Phase 1, and the area designated as B-1 along Whitefish Stage Road in phase 4 shall include four sided architecture in their building design. 17. The single-family residential lots shall use either an alley loaded design or design the house with a minimum garage setback of 10 feet from the front wall of the house. 18. The traffic impact study for the project site shall be reviewed and approved by the Public Works Department and the Montana Department of Transportation in order to determine the appropriate mitigation as each phase of the project develops. The traffic impact study shall be updated for each phase of the development and submitted as part of the preliminary plat application. 19. A detailed plan to screen the lift stations within the project site shall be reviewed and approved by the Parks and Recreation Department and Public Works Department as part of the preliminary plat. Screening of the lift station shall include either enclosing the lift station within a building or the use of fencing and landscaping. 20. Prior to submitting a preliminary plat for phases 2 and 3 the developer shall contact the Department of Military Affairs and work with them to come up with a suitable plan to buffer the anticipated residential land uses adjacent to the existing National Guard facility. 21. If lot 37 of phase 1 reverts back to the developer, the developer shall be required to amend the PUD plan and propose a use compatible with the existing and proposed uses in the area. No building permits shall be issued on the lot until the amended PUD plan is approved by the city council 22. A minimum of two-thirds of the necessary public infrastructure for residential subdivisions on the Glacier Town Center site shall be completed prior to final plat submittal for each residential phase and that both the water and sewer systems serving the residential phase be operational. 23. The first phase shall be filed within three years of approval of the effective date of this PUD. Each successive phase shall be filed within two years of final plat approval of the previous phase. In all events, each phase shall be freestanding in terms of public infrastructure, services, parks and open space. The city council may grant successive one year extension for each phase of the project. A request for a one year extension must be made a minimum of 60 days prior to the expiration date of the phase. 24. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 25. The center access off of Highway 93 serving phase 1 shall be reduced from a 110 foot private road right-of-way to a 50 foot private road right-of-way. It shall be designed with 2 way - 2 lane design with a right in - right out access. The road design shall support a 5 foot sidewalk and a minimum 5 foot landscaped boulevard on both sides. 26. The applicant shall reserve lots 15 and 16 at the intersection of Rose Crossing and Highway 93 for a period not to exceed three years from preliminary plat approval for phase 1 for the purpose of allowing the city to undertake in concert with MDOT a corridor preservation study. If a junior interchange is recommended, the applicant shall reserve the necessary land. If the study is not pursued or if the study concludes a junior interchange is not feasible, the restriction over lots 15 and 16 shall be lifted at that time or three years from preliminary plat approval. General Conditions: 27. 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 preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 28. The preliminary plat approval for phase 1 shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.06). 29. 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)). 30. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Prior to final plat: 31. New infrastructure required to serve the subdivision shall be constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; the design shall be certified in writing by a professional engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and Construction Standards) Note: The design of the streets shall be in accordance with the road profiles approved as part of the Glacier Town Center PUD. 32. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. (Kalispell Design and Construction Standards) 33. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water drainage report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. The report shall include a phased construction schedule showing when detention facilities will be constructed. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) 34. The developer shall submit to the Kalispell Public Works Department prior to construction, a city storm water management plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 35. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 36. The developer shall obtain an approach permit from the Montana Department of Transportation (MDOT) for road connections with Highway 93 North, West Reserve Drive and Whitefish Stage Road. Any necessary improvements at the intersection of the roadways shall be completed to the satisfaction of the MDOT prior to final plat approval and MDOT shall so certify this in writing to the city. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. (Findings of Fact Section D) 37. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the 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 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) Chapter S. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. g. Residential fire sprinklers will be taken into consideration when approving fire flows, hydrant locations, and fire department access. 38. The approved parks improvement plan and bike/pedestrian trail plan shall be completed prior to the final plat as referenced in conditions 6 and 9 of the PUD. (Findings of Fact Section D) 39. The 12.3 acre, 1.4 acre, and 3.9 acre open space areas shown on the eastern boundary of the preliminary plat of phase 1 shall be dedicated to the City of Kalispell as referenced in condition 9 of the PUD. (Findings of Fact Section D) 40. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). 41. 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) 42. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 43. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. In addition, the mail delivery site and improvements shall be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 44. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) 45. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area which are impacted by this subdivision." (Findings of Fact, Section D - Roads) On going conditions: 46. Individual driveways are prohibited onto Rose Crossing for lots 16, 19, 20, 21, and 22 of Block II. (Findings of Fact Section D) 47. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 48. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 49. The developer shall comply with Flathead City -County Health Department and the Montana Department of Environmental Quality's rules, regulations and policies regarding activities and placement of sewer lines around the existing well on -site. (Findings of Fact Section C)