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Tab 18. March 6, 2013 Gardner PUD Staff Report KPUD-13-01GARDNER PLANNED UNIT DEVELOPMENT REQUEST STAFF REPORT #KPUD-13-01 KALISPELL PLANNING DEPARTMENT MARCH 6, 2013 A report to the Kalispell City Planning Board and the Kalispell City Council for a planned unit development (PUD) request on two commercial lots zoned B-5/PUD. The PUD would permit the development of the two lots for an auto dealership or similar use. A public hearing is scheduled before the planning board on March 12, 2013, in the Kalispell City Council Chambers. The planning board will make a recommendation and forward a set of findings to the Kalispell City Council for final action. BACKGROUND INFORMATION: The two lots included in the PUD request were annexed into the city as part of a larger annexation in 2008. The annexation request included 9 tracts of land totaling 81.6± acres on the east side of Highway 93 South. The city council annexed the 9 tracts of land and approved a zoning district over all 9 tracts of B-5 (Industrial -Commercial) zoning and a PUD placeholder. The council included the PUD placeholder to allow the developer to enter into a development agreement with the city, binding the property to a future PUD application. At the time of annexation the property owners did not have any immediate plans for development of the 9 tracts of land. The PUD placeholder did not require the developer to provide any application materials or development plans and the developer did not receive any entitlements other than a commitment between the city and the developer that prior to development of the individual properties, the developer would submit for review and approval a full PUD application as required by the zoning ordinance. The city council approved the PUD placeholder because the council determined there was a need to support a cohesive design for lots zoned with the B-5 zoning. Future development approved through the PUD process was also found to be in accordance with the following goal from Chapter 4, goal 1 of the Kalispell Growth Policy which states, "Encourage the development and growth of prosperous commercial and industrial districts, each with a viable mix of businesses, suitable infrastructure, and a coordinated development pattern that reduces business costs and increases small business opportunities." The owners of the two tracts requesting the PUD approval, Volkswagen Real Estate and Gardner Investments, are proposing a Volkswagen dealership on one lot (Parcel A) with the intention of attracting similar or complimentary businesses to the auto dealership on the second lot (Tract 2). A. Owner: Volkswagen Real Estate LLC (Parcel A) PO Box 1217 Whitefish, MT 59937 (406) 863-2511 Gardner Investments LLC (Tract 2) PO Box 958 Kalispell, MT 59903 Technical Assistance: APEC Engineering, Inc. 111 Legend Trail Kalispell, MT 59901 (406) 755-1333 B. Location and Legal Description of Property: The two tracts of land included in the PUD request are located at the southeast corner of the intersection of Highway 93 South and Willow Glen Drive. The two tracts of land can be legally described as Parcel A of Certificate of Survey #19299 and Tract 2 of Certificate of Survey #6628 located in the SW 1/4 of the NW 1/4 of Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: Both tracts of land are currently undeveloped. Two billboards are located on Parcel A and will be removed when the Volkswagen dealership begins construction. Both lots (Parcel A and Tract 2) are zoned B- 5/PUD. The B-5 zoning is a commercial/industrial zoning district intended primarily to accommodate a variety of business, warehouse, and light -industrial uses and incorporating these uses into an integrated design for compatibility. Compatibility issues may be addressed through development of an industrial - commercial park development or through a planned unit development (PUD) overlay zoning district. Such uses would typically not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.) which extend beyond lot lines. The B-5 zoning district is primarily located near major arterials or rail services. This zoning district would typically be found in areas designated as industrial or urban mixed use on the Kalispell Growth Policy Future Land Use Map. Figure 1: Aerial photo of the project site and the immediate area D. Adjacent Land Uses and Zoning: North: Single-family residential; County R-1 zoning, NW - Toyota Dealership; City B-2 South: Radio station; County I-1H zoning East: Professional office; County I-1H zoning Vacant land; City B-5/PUD zoning West: Gas station; City B-2 zoning E. General Land Use Character: The general land use character of the Highway 93 South corridor is commercial and light industrial uses concentrated along Highway 93. The lands adjacent to the two tracts of land in this PUD request include a mix of residential homes, professional office and radio station. F. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: Private contractor/ City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyLink Schools: School District #5 Fire: Kalispell Fire Department Police: Kalispell Police Department EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Nature of the Request: This is a request for a planned unit development (PUD) zoning district on approximately 7.6 acres of land which is currently undeveloped. The PUD zoning would permit the development of the two existing tracts of land, one for a Volkswagen dealership and the other for another auto dealership or other complimentary use. The owners are not requesting any deviations from the zoning ordinance at this time but future development on lands zoned B-5/PUD could request deviations from the zoning or subdivision regulations. Criteria for the Creation of a Planned Unit Development (PUD) District The following information and evaluation criteria are from Sections 27.19.020(3) and 27.19.020(4), of the Kalispell Zoning Ordinance. The intent of the planned unit development district is to serve as an overlay zoning district. The district functions in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve to modify the underlying zone and, where appropriate, subdivision standards with the intent of providing flexibility of architectural design and density as well as providing the option to mix land uses and densities while preserving and enhancing the integrity and environmental values of an area. Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations provide that the planning board and city council shall review the PUD application and plan based on the following criteria: A. The compliance of the proposed PUD with the city growth policy and in particular the density and use policies of the plan; The proposed PUD would permit development on the two tracts of land for an auto dealership or similar type of business. The property is zoned for commercial and industrial type uses which an auto dealership is one of the anticipated land uses. The scale and density of commercial development proposed on the project site is in accordance with the B-5 zoning of the property. No residential development is anticipated with the current PUD proposal. The Kalispell Growth Policy Future Land Use Map designates the 7.6 acre project site included in this PUD application as urban mixed use. In 2008 the city council W amended the Highway 93 South neighborhood plan in the city's growth policy. The proposed PUD design meets the following policies of the Highway 93 South neighborhood plan Policy 18.The following design standards are intended to enhance the gateway entrances to Kalispell b. Areas planned for commercial development along Highway 93 should occur as an integrated development utilizing and enhancing the property back from the highway as opposed to occurring as a shallow linear strip. Significant individual business highway exposure, individual access points, and pole signage would not be the norm. The proposed PUD design includes significant landscaping along the highway between the edge of pavement and the use of the property as an auto dealership or complimentary use. The plan proposes one access onto Lower Valley Road and a shared access onto Highway 93, eliminating the need for a separate access for both lots. e. Four sided architecture should be the norm for all properties abutting the gateway entrances. Information included with the application notes the proposed Volkswagen dealership `presents a simple, modern well defined outline of the building that embodies the proud engineering heritage that Volkswagen owners have come to trust." Architectural features and a combination of exterior colors will be provided to all four sides of the new dealership. This can be anticipated for the future building or dealership located south of the Volkswagen dealership on Tract 2. The city's architectural review committee reviewed the Volkswagen building elevations submitted with the PUD application. The committee noted that the architect should consider easing the transition between the showroom on the west side of the building with the service area on the east side of the building. The architect acknowledged the committee's recommendation and would be making some modification prior to submitting a building permit. f. Billboards should be prohibited in the commercial and residential zones. Existing billboards in these zones should be considered a primary use. Such existing billboards should be phased out in these zones under the following schedule: at the end of their current lease or when another primary use is proposed on the same parcel or tract of land. Parcel A, the location of the Volkswagen dealership, has two billboards on the property as shown on the PUD layout plan. As of the writing of this report, the billboards are still on the property. A recommended condition of approval will require the billboards to be removed prior to the issuance of a building permit for the dealership. With the city B-5 zoning making up a majority of the zoning on the east side of Highway 93 between the light at the alternate route and Cemetery Road, relocation of these two billboards would not occur on the project site. The PUD application notes that the exact development for the tract of land immediately south of the Volkswagen dealership, Tract 2, has not been determined. The owners of the lot are considering possibly another dealership or a supporting business to the Volkswagen dealership such as an oil service facility or carwash. The B-5 zoning permits a wide range of land uses including but not limited to retail business, restaurants, professional offices, laboratories, hotels and truck terminals. Due to the unknown nature of the use on Tract 2, this PUD would restrict the use of the lot to land uses such as an auto dealership, professional office or commercial use complimentary to the Volkswagen dealership. This does not restrict the property owners from proposing a land use outside of these narrow parameters however more detailed information such as a site layout, building elevations and access to the site and adjacent properties would need to be provided before the city could permit such a use on the land. B. The extent to which the PUD departs from the underlying zoning and the reasons why such departures are or are not deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; The requested PUD will not deviate from the zoning regulations. C. The extent to which the PUD departs from the subdivision regulations (if subdivision is anticipated) and the public works standards for design and construction applicable to the subject property, the reasons why such departures are deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; The requested PUD will not deviate from the subdivision regulations or public work's standards for design and construction. D. The overall internal integrity of the PUD including the appropriate use of internal design elements, the use of buffers between different land uses, the use of transitions between uses of greater and lesser intensity, the use of enhanced design features to provide connectedness for both vehicle and pedestrian traffic throughout the PUD and the use of innovative and traditional design to foster more livable neighborhoods; The proposed PUD includes two existing tracts of land located at or near the southeast intersection of Highway 93 and Willow Glen Drive. The proposed uses for the properties, an auto dealership(s) and other complimentary uses, have been designed to work together utilizing the same access off of Highway 93. No buffer is necessary for the surrounding uses which include a professional office to the east and radio station to the south. Eel The focus of this proposed PUD zoning request is on the two lots located in the northwest corner of land under a PUD overlay zoning. The total area of land under the PUD zoning is comprised of several lots totaling approximately 53.4 acres. The land area outside of the two lots included in this PUD request will need to be master planned in the future. The exact timing of additional development on this land has not been determined however when a future development is proposed, the owner or owners of the remaining portions of land identified in Figure 2 will need to provide a detailed PUD layout plan. The owners have included a conceptual layout for this area with this PUD application. The concept plan is adequate at this point because future uses and/or lot sizes are unknown at this time and a large portion of the undeveloped property is encumbered with radio tower easements. Until the radio towers are removed and the associated easements are abandoned, much of the land under the PUD overlay is unavailable for development. Figure 2: Remaining undeveloped land outside of the two lots included in this PUD proposal The layout identifies the existing approaches onto Highway 93, a future road connection between Lower Valley Road and an existing roadway on the south end of the land area and the approximately location for a regional storm water 0 detention area to serve future development in this area. Prior to approving any additional developments on the land shown in Figure the PUD application will need to include a detailed PUD layout plan for the area that addresses the following: • Conceptual design of a frontage road parallel to Highway 93 and identifying which existing approaches along Highway 93 will be used and the nature of the approach (i.e. right-in/right-out only, full movement approach or % movement approach) . • Identify the area and approximate size of a regional storm water detention area. • Approximate locations of north/ south streets and east/west streets serving the area and the type of streets proposed (i.e. local street or collector street). • A conceptual design for lots within the area that identifies the location of buildings to the adjacent street and their associated parking lots. Including the above listed elements in the future PUD design of the land identified in Figure 2 will comply with the following goals and policies of the Kalispell Growth Policy: Highway 93 South Corridor Growth Policy Amendment Goals: 2. EXPANSION OF COMMERCIAL DEVELOPMENT SOUTH OF CEMETERY ROAD/LOWER VALLEY ROAD NEEDS TO BE ADDRESSED UNDER A PLANNED UNIT DEVELOPMENT IN ORDER TO ADEQUATELY ADDRESS VEHICULAR AND PEDESTRIAN ACCESS, SIGNAGE, SETBACKS, AND OTHER ISSUES RELATING TO PROTECTING AND PRESERVING THE COMMUNITY ENTRANCE WAY TO KALISPELL. 3. PRESERVING THE FUNCTIONALITY OF THE INTERSECTION OF HIGHWAY 93 AND THE HIGHWAY 93 BYPASS SHOULD BE A PRIORITY._ 6. FREE FLOWING TRAFFIC ON HIGHWAY 93 SHOULD BE MAINTAINED AND NEW DEVELOPMENT SHOULD INCORPORATE DESIGN AND TRAFFIC FEATURES THAT WILL ELIMINATE THE NEED FOR PRESENT OR FUTURE TRAFFIC SIGNALS BETWEEN FOUR CORNERS AND HIGHWAY 82. 7. A GRID STREET SYSTEM SHOULD BE ESTABLISHED AS NEW DEVELOPMENT OCCURS. Policies: 3. Avoid a pattern of one lot deep linear commercial and industrial development along the Highway 93 South Corridor; instead encourage G7 development patterns that extend horizontally back from the highway creating commercial or industrial centers and parks. 4. Require high quality development as it relates to the provision of services, utilities, facilities and amenities. 5. Additional accesses onto Highway 93 shall be limited and a grid street system shall be developed when possible. 6. Frontage roads shall be developed as part of a grid street system to avoid additional accesses onto Highway 93. 7. Provide alternative north/ south roadways parallel to Highway 93 on both the east and west sides of the highway. 18.The following design standards are intended to enhance the gateway entrances to Kalispell a. Access control should be the norm along the 93 corridors. b. Access should be coordinated so as to allow only collector or arterial streets to intersect Highway 93. 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. Pedestrian connectivity in the area of the two lots in the proposed PUD request is limited at this time. Sidewalks are located along Highway 93 however on the east side of the highway they end immediately north of the proposed Volkswagen dealership at the intersection of Highway 93 and Willow Glen Drive. To provide pedestrian and bicycle connections to the proposed developments, the applicants will be extending a pedestrian/bike trail from the intersection of Highway 93 and Willow Glen Drive south along Highway 93. The PUD layout plan calls for an 8- foot bike trail along Highway 93. The bike trail is proposed on the outer edge of the right-of-way, creating a separation from the adjacent highway of approximately 50 feet. Along Lower Valley Road the PUD layout plan proposes a 5-foot sidewalk which would connect to the bike trail along Highway 93 in the area of the north west corner of Parcel A. The Parks and Recreation Department has reviewed the proposed bike trail plans and is recommending the 5-foot sidewalk along Lower Valley Road be widened to accommodate bicycles as well. The Department is also recommending the trail along Lower Valley Road be extended to the intersection of Lower Valley Road and Willow Glen Drive. Currently, an 8-foot bike trail is located along Willow Glen Drive but ends at FFA Drive, approximately 1/2 mile north of the Volkswagen dealership site. Both the Kalispell Area Transportation Plan and the Kalispell Parks and Recreation Master Plan identify the extension of the Willow Glen bike trail south to the intersection of Willow Glen Drive and Lower Valley Road. Adjusting the proposed PUD layout plan to provide for a trail connection at Willow Glen Drive and Lower Valley Road would serve as the continuation of the future planned trial section. 10 The proposed bike/pedestrian trail on the PUD layout plan and the recommended modifications of the trail plan by the Parks and Recreation Department comply with the following two goals in the Highway 93 South Corridor Growth Policy Amendment of the Kalispell Growth Policy: Goal: 15. PROVIDE FOR THE ONGOING ACQUISTION, CONSTRUCTION AND MAINTENANCE OF PARKS, BIKE AND PEDESTRIAN TRAILS AND OTHER RECREATIONAL FACILTIES. 16. PEDESTRIAN AND BIKE TRAILS SHOULD BE INCORPORATED INTO NEIGHBORHOOD AND CONNECT WITH OR PROVIDE FOR FUTURE CONNECTION WITH EXISTING OR FUTURE TRAILS. E. The nature and extent of the public parks and common open space in the PUD, the reliability of the proposal for maintenance and conservation of these areas and the adequacy or inadequacy of the amount and function of the parks and open space in terms of the land use, densities and dwelling types proposed in the PUD; The proposed PUD would permit an auto dealership(s) and complementary businesses such as a car wash or oil service business to locate on the two tracts of land. No development of permanent housing is proposed and therefore no increase in resident population will occur. Without an increase in resident population the need for park or common open space is not required. Included with the PUD application the owners have submitted a layout plan which identifies those areas to be landscaped. Landscaping is proposed both on the private property and the adjacent right-of-ways for Highway 93 and Lower Valley Road. The adjacent property owners will be required to maintain the landscaping as part of their development approvals. F. The manner in which the PUD plan makes adequate provision for public services, provides adequate control over vehicular traffic and furthers the amenities of recreation and visual enjoyment; 1. Public Services Police and Fire Services The two properties included in the PUD request were annexed by the city council in 2008. Once annexed the properties receive Kalispell police and fire services. Future development on the properties will be required to receive a building permit prior to construction. As part of the building permit review police and fire department official's review and comment on the building permit plans to insure both departments can adequately enter and serve the development. Water and Sewer There are existing water and sewer mains located along Highway 93. The owners of both properties intend to connect to city services with service lines and/or main 11 lines installed per Public Works standards. Initial discussions between the engineering firm representing the Volkswagen dealership and the Public Works Department have included constructing a gravity service line to serve the Volkswagen dealership with the possibility of installing a regional lift station in an area east of the Volkswagen dealership property to serve future development on Tract 2. The regional lift station would serve development on Tract 2 and future development to the south and east of this tract. A recommended condition of approval will require information for water and sewer main connections and/or extensions are provided to the Public Works Department prior to the issuance of a building permit for the Volkswagen dealership. The approved plans would then be required to be installed and inspected prior to the dealership receiving a certificate of occupancy. Prior to issuance of a building permit on Tract 2, the owner or developer would need to submit similar information to the Public Works Department and include an analysis of whether a regional lift station is warranted at that time. Storm water Individual storm water facilities are proposed for each of the two lots included in the PUD request. The PUD layout plan indicates a potential storm water facility south of the proposed Volkswagen dealership. For Tract 2, the storm water facility is less defined at this point but could be located on the north or south boundaries of the lot. Prior to issuance of a building permit for either lot a storm water management plan will be required to be reviewed and approved by the Public Works Department. On -site storm water management facilities will need to be installed per the approved plan prior to the issuance of a building permit. Any off - site storm water management facilities (if applicable) would need to be in place prior to the issuance of a certificate of occupancy. Future development south and east of the two lots included in this PUD request will most likely utilize a regional storm drainage detention facility. The exact location and specifications of such a facility will be a recommended condition of approval prior to permitting further development in the area on land under the PUD overlay zoning. 2. Control Over Vehicle Traffic Access to the two lots in the PUD request includes Highway 93 and Lower Valley Road. Parcel A, the location of the Volkswagen dealership, has access to Lower Valley Road on its north property boundary and Highway 93 on its west property boundary. The other lot, Tract 2, has access to Highway 93 on its west property boundary. Highway 93 is a major arterial within the city's transportation network. The highway is a four lane road with a center turn lane, 8-foot shoulders and curbing along its frontage of the two lots. The posted speed limit for this section of the highway is 55 mph. The Kalispell Area Transportation Plan indicates daily traffic volumes along this section of the highway at approximately 19,000 vehicles (Figure 3-11). The transportation plan indicates future projected traffic volumes by 2030 could be approximately 31,000 vehicles per day (Figure 3-13). The PUD layout plan shows both lots sharing an existing approach onto Highway 93. A shared approach and maintenance agreement between the two lots for the existing 12 approach has been included with the PUD application. A copy of the PUD application was sent to the Kalispell office of the Montana Department of Transportation (MDT). Discussion between city staff and MDT staff resulted in the requirement of the owners of the two lots to obtain an approach permit from MDT. Although an approach exists onto Highway 93, MDT requires an approach permit when the land use changes, in this case the land is going from a vacant field to an auto dealership. A recommended condition of approval will require the owners of the two lots to obtain the appropriate permit for the approach onto Highway 93 and receive a sign off from MDT on conditions or requirement attached to the approach permit. The permit and conditions sign off from MDT will be required prior to the city issuing a certificate of occupancy on the building. The use of the existing approach onto Highway 93 for the two lots included in this PUD request will most likely be granted by MDT based on the limited amount of development on this section of the highway and the intensity of vehicle traffic anticipated on the two lots. Further development in this area, whether immediately south of this PUD request or on the west side of the highway opposite of this development, will most likely require the use of a frontage road as discussed in section D of this report. Lower Valley Road provides direct access to Parcel A, the location of the Volkswagen dealership. Lower Valley Road, along the frontage of Parcel A, varies in width from approximately 30, face of curb to face of curb, from its intersection with Willow Glen Drive for a distance of approximately 360 feet east. At this point the curbing ends and the roadway narrows to a travel width of approximately 22 feet with storm water ditches on either side of the road. The Kalispell Area Transportation Plan does not provide any traffic volumes for Lower Valley Road however the plan does identify Lower Valley Road as having a functional classification of a minor arterial (Figure 2-1). The transportation plan defines a minor arterial street as follows: Interconnects with and augments the Principal Arterial system. It also provides access to lower classifications of roads on the system and may allow for traffic to directly access destinations. They provide for movement within sub -areas of the city, whose boundaries are largely defined by the Principal Arterial road system. They serve through traffic, while at the same time providing direct access for commercial, industrial, office and multifamily development but, generally, not for single-family residential properties. The purpose of this classification of road is to increase traffic mobility by connecting to both the Principal Arterial system and also providing access to adjacent land uses. Posted speed limits on minor arterials typically range from 25 mph to 55 mph. The portion of Lower Valley Road, which fronts Parcel A, is within the city limits falling under the jurisdiction of the Kalispell Public Works Department. After reviewing the proposed PUD the Public Works Department is recommending improvements to Lower Valley Road with the exact street design improvements to be determined by a traffic analysis for the entire undeveloped property under the 13 PUD overlay zoning. This area includes both lots under this PUD request and land to the south and east comprising approximately 55 acres. Based on acceptance of the traffic analysis, the developer of the Volkswagen dealership will be required to upgrade Lower Valley Road, as it fronts the property, to the identified street standard. The south side of Lower Valley Road fronting Parcel A includes about half a dozen mail boxes serving residents on the north side of Lower Valley Road. During construction activities to Lower Valley Road the developer will need to work with the postal service to establish a temporary (if needed) mail box location and reinstall the mail boxes after upgrades to the road are complete. 3. Recreational Amenities No recreational amenities are required as part of the proposed PUD plan. Recreational amenities are needed in residential developments or mixed commercial/residential developments where the project includes a new resident population. This is not the case with the proposed PUD plan. 4. Visual Enjoyment The proposed PUD project includes development of two lots, one of which will be a Volkswagen dealership and the other lot may be another dealership or similar type of use. The proposed PUD layout plan and application indicate the owners or developers of both lots will be landscaping their developments both on -site and out to the edge of the adjacent right-of-ways. The end result will look much like the Toyota dealership north of the PUD site which includes a combination of manicured grass, shrubs and trees along Highway 93 giving a very positive visual impression as the travelling public enters the city. The proposed developments will be extending this concept and adding to the quality of the built environment along this section of the highway. G. The relationship, beneficial or adverse, of the PUD plan upon the neighborhood in which it is proposed to be established in concert with the underlying zone; The proposed PUD would permit an auto dealership to occupy the northern lot with the anticipation of another auto dealership or complimentary use to occupy the southern lot. The proposed layout provides for adequate vehicle access to the site via Lower Valley Road and Highway 93. The proposed uses of the land for an auto dealership or other similar uses should not conflict with surrounding land uses. Residential homes are located to the north of the project site, on the north side of Lower Valley Road. These homes could expect to see an increase in traffic on Lower Valley Road however commercial and light industrial development has been anticipated on land on the south side of Lower Valley Road for years. Prior to annexing into the city the two tracts of land had an industrial zoning district in the county. The industrial zoning was based on a previous neighborhood plan adopted by both the city and county in 1993. At that time Kalispell had a city -county master plan and associated map that provided guidance for development both within city limits and up to four miles around the 14 city. In 2008 the city council revised the growth policy and land use map for this area permitting commercial as well as industrial land uses for the area. The current B-5 zoning is a result of this land use change. H. 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 PUD; Part of the requirements of a PUD is that the developer enters into an agreement with the City of Kalispell to adequately insure that the overall integrity of the development, the installation of required infrastructure, architectural integrity and proposed amenities are accomplished as proposed. A recommended condition of approval for the PUD would require this agreement be in place prior to the issuance of a building permit on either one of the lots. I. Conformity with all applicable provisions of this chapter. No other specific deviations from the Kalispell Zoning Ordinance can be identified based upon the information submitted with the application. 15 RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPUD-13-1 as findings of fact and recommend to the Kalispell City Council the PUD overlay zoning district be approved subject to the conditions listed below: CONDITIONS OF APPROVAL General Conditions: The development of the two tracts of land (Parcel A and Tract 2) shall substantially comply with the following site plan and elevations submitted as part of the Planned Unit Development application: A. Site Layout Plan B. Building footprint site plan C. Elevations of the proposed Volkswagen dealership. 2. The permitted and conditional uses for Parcel A and Tract 2 are restricted to an auto dealership, professional office or commercial use complimentary to an auto dealership. 3. The property owner shall maintain the landscaping on their property and from their property line to the adjacent street or highway. 4. All utilities shall be placed underground. 5. Prior to further development on land under this B-5/PUD the owner(s) shall submit a detailed PUD layout plan for the area that addresses the following: • Conceptual design of a frontage road parallel to Highway 93 and identifying which existing approaches along Highway 93 will be used and the nature of the approach (i.e. right-in/right-out only, full movement approach or 3/4 movement approach). • Identify the area and approximate size and specifications of a regional storm water detention area. • Approximate locations of north/ south streets and east/west streets serving the area and the type of streets proposed (i.e. local street or collector street). • A conceptual design for lots within the area that identifies the location of buildings to the adjacent street and their associated parking lots. 16 Prior to the issuance of a building permit: 6. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 7. The billboards on Parcel A shall be removed. 8. A landscape plan shall be submitted to the Parks and Recreation Department for review and approval. The landscape plan shall include an irrigation plan and specify tree and shrub type and size at the time of planting for the parking areas, areas around the building and adjacent right-of-ways. Note: Based on the eventual street design for Lower Valley Road the street trees may be required to be located on private property due to the lack of an adequate boulevard for tree survival. 9. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and Public Works Department for review and approval. The plan shall show a connection to the intersection of Lower Valley Road and Willow Glen Drive and include a bike trail along Lower Valley Road. Note: An asphalt bike trail shall have a minimum width of 10 feet; a concrete bike trail shall have a minimum width of 8 feet. 10. A traffic analysis shall be submitted to the Public Works Department for review and approval prior to building on Parcel A. The traffic analysis shall account for future vehicle traffic on the approximately 55 acres of this PUD and determine the improvements required to Lower Valley Road based on the anticipated development and traffic volumes. 11. The property owner of Parcel A shall improve the property's frontage along Lower Valley Road in accordance with the approved traffic analysis. All improvements shall be completed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. Note: Prior to work on Lower Valley Road the property owner or developer shall contact the postal service regarding the temporary relocation of mail boxes along the section of Lower Valley Road receiving work. After work is completed the mail boxes shall be reinstalled on same or better stands. 12. Water and sewer main extensions shall be reviewed and approved by the Kalispell Public Works Department prior to installation. 13. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water management plan that meets the requirements of the current city standards for design and construction. The approved storm water management plan for on -site facilities shall be completed prior to the issuance of a building permit. 17 14. The property owner of Tract 2, prior to connecting to the city's sewer main, shall submit an analysis on the need for a regional lift station for the area. Prior to the issuance of a certificate of occupancy: 15. A certification from an engineer licensed in the State of Montana shall be submitted to the Public Works Department stating that all water and/or sewer lines have been installed per the approved plan. 16. Any off -site storm water management facilities shall be installed per the approved plan. 17. All landscaping shall be installed per the approved landscape plan. 18. The bike trails shall be installed per the approved plan. 19. A certification from an engineer licensed in the State of Montana shall be submitted to the Public Works Department stating that the improvements to Lower Valley Road have been built as designed and approved. 20. The property owners of Parcel A and Tract 2 shall obtain the appropriate permit for the approach onto Highway 93 and receive an approval from MDT on the completion of conditions or requirements attached to the approach permit. The approved approach permit and MDT approval shall be submitted to the Kalispell Planning Department. IN