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3. Ordinance 1635 - Zoning and PUD Amendment - Bloomstone - 1st ReadingCity of Kalispell Planning & Building, Department 10 1 " Ave East, Kalispell, Montana 59901 Plamiing Telephone: o 7 -79 0 Building Telephone: o 78-770 'a: 7--779 Website: www.kalispell.com REPORT Kalispell Mayor and City Council FROM: Sean Conrad, senior Planner Janes I. Patrick, City Manager SUBJECT: Kalispell National Investment Company request for amendments to the Spring Prairie Planned Unit Development and prelimm' a.ry plat approval for the first phase of the Bloomstone subdivision. -ME'T ING : April. 21, ZOOS BACKGROUND: The Kalispell City Planning Board met on April s, 2008 and held a public hearing to consider a request from, the Kalispell National Investment Company to amend the existing R-4/PUD zoning on an 85.2 acre property and develop the property as a residential subdivision called Bloomstone. The overall project will be developed in 5 phases providing a total of 59 dwelling units. The developer is also requesting preliminary plat approval for phases 1A and 1B of the project. Phase 1A consists of 8-8 plea apartment units, 74 single family residential lots, and 10 townhouse lets. Phase 1B consists of 37 single family residential. lots. The residential lots will range in size from 2,400 square feet (townhouse lot) to 8,000 square feet. The 85.2 acre site can be legally described as parcel 3 of certificate of survey 1721 located in the SW 14 of section 3, Township 29 North, Range 22 West. The property is located immediately west of the Kids sports complex on the north side of Four Mile Drive, approximately 1!2 mile merest of the intersection of Four Mile Drive and Highway 93 North. Sean Conrad of the Kalispell Planning Department presented staff reports #PU -07- and KPP-07-14 evaluating the propose. project. Staff recommended the planning board recommend approving a majority of the requested amendments to the em sting Planned Unit Development and the preliminary plat for the first phase of the subdivision subject to the conditions listed in the staff report. ]wring the public hearing portion of the meeting the developer and his consultant team spoke in favor of the proposed project, Two members of the public also spore on the project. Their concerns were the interactions between the project and Kids Sports complex, acquiring adjacent lands for park development and possibly increasing the open space and park areas within the subdivision. After the public bearing was closed the planning board discussed the proposed project. Two main concerns brought up during the planning boards discussion were grading along Four Mile Drive and limiting alley access onto Treeline load. As part of the overall project the developer intends to loner the southern portion ofthe project site. This would in -turn rewire Four Mile Drive to be lowered approximately 12 feet. The planning board was concerned with the property owner south of Four Mile Drive from gaining reasonable access to Four Mile Drive when the road is lowered in conjunction with the Bloomstone project. Therefore, the planning board recommended amending condition number 7 of the PUD regarding the grading of the site and added that "the subdivision and roadway grading presented shall be designed and constructed in a manner that would allover future connection to the properties south of Four Mile Drive be feasible." This amendment passed on a vote of 3 to 2. The second issue discussed by the planning board was limiting traffic access onto are alley serving 22 townhouse lots in phase 1 . The alley is proposed to have an entrance/exit onto Treeline Road between Wa.terleaf Lane in phase IB and Nightshade Drive in phase 2. Treeline Road will be designed to function as a collector roadway and, therefore, the number of access points onto Treeline Road, whether a street or an alley, should be limited. The Public Works Department had recommended that the alley serving the tov nl ouse lots in phase IB include removable bollards at the alleys intersection with Treeline Road to prohibit dairy traffic movements ments from entering or exiting at this location. By using the removable ]pollards the alley could still be used by emergency vehicles if neecssary. Before the planning board bearing the developer requested clanging the language in the condition to remove the requirement for bollards and instead allow him to cone up with a. landscaping and curbing plan that would accomplish the sane access restrictions as the bollards. The developer requested this because he felt that bollards could not aesthetically tie into the surrounding ncigh or ood he is creating. During the planning board discussion on the issue some members of the board had concerns withblocking the alley off for strictly emergency vehicles. Concerns were also raised about garbage collection and snow storage. However, a majority of the planning board members ers agreed with the Public Works Department's recommendation about restricting access from the alley onto Treeline road. A motion to remove recommended condition number 35 failed on a vote of 4 to 1. After discussing the proposed project the planning board unanimously recommended approval of both the planned unit development and preliminary plat requests subject to staff's conditions as amended. The council held a work session on the proposed project after its regular meeting of April 7, 2008. During the work session staff provided a brief presentation on the project and answered council mem er's questions. Those questions were generally directed towards parkland, street locations, and hypes of units proposed within the development. The developer also provided a. detailed presentation to the council. After the developers presentation there were no additional questions for the developer. R COMMMNDATIO : A motion to approve the resolution to amend the existing Planed Unit Development zoning on the property with 25 conditions as recommended by the planning board and approve the preliminary plat request subject to the 2 conditions as recommended by the planning board would be in order. FISCAL "FELTS: Positive impacts once filly developed. AL RA. IES: As suggested by the City Council. Respectfully s fitted, Sear. Conrad a es PI, atr' Senior Planner City Manager Report compiled. April 15, 2008 Attachments: Transmittal letter Exhibit A conditions Staff report KPUD -0 - and KPP- 07-1 MM* tes 3/11/08 planning board meeting c: Theresa White, Kalispell City Clerk ORDINANCE NO.1 3 AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT T TO THE SPRING 'RAC PLANNED UNIT DEVELOPMENT AGREEMENT IN ASSOCIATION WITH THE CONSTRUCTION AND DEVELOPMENT OF BLOOMSTONESUBDIVISION. WHEREAS, the City Council of the City of Kalispell approved the Spring Prairie Planned Unit Development Agreement on Section 36 on December 3, 2001, and WHEREAS, the Spring Prairie Planned Unit Development Agreement was amended on December 15, 2003 and on September 19, 2005, and WHEREAS, it is in the best interests of the City of Kalispell that the Spring Prairie Planned Unit Development Agreement be amended as set forth below. NOW THEREFORE,IT RESOLVED BY THE CITY COUNC11L OF THE CITY of KA ISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Spring Prairie Planned Unit Development shall be, upon execution by the landowner, amended as provided for in said agreement under Section , Amendment or Modification of Agreement as follows: 1.. The Planned Unit Development for Bloomstone allows the following deviations from the Kalispell Subdivision regulations and the Kalispell Zoning Ordinance; A. Kalispell Zoning Ordinance, Section 2 .07.040 1.) (Minimum lot area) Allows the minimum lot area to be reduced from 6,000 square feet to 4,290 square feet for single-family lets. B. Kalispell Zoning Ordinance, Section 27.0 '. 0 2 (Minimum inimum lotwidth) Allows the nlinirnurn lot width to be reduced from 5 0 feet to 40 feet for single-family lots. C. Kalispell Zoning Ordinance, Section 2 -0 7.0 Minimum building setbacks) Allows zero side yard setbacks for the Z-1ots. D. Kalispell Zoning Ordinance, Section 27.07.040 3 (Front setback encroachment Allows the front setback reduced to 10 feet. Such reduction shall only apply to the single family residential houses. The multi -family buildings would need to meet the 1 -foot setback provided for in the R-4 zoning district. All garages shall be a minimum of 20 feet from the front property lira except for garages on the Z-1ots that are parallel to the adjacent street. Tee garage may be within 10 feet of the front property boundary. E. Kalispell Zoning Ordinance, Section 2 . ' .o o 3 (rear setback encroachment Allows a 5 feet setback on the Z-1ots where the lot size is less than 5,000 square feet. Garages may be constructed within 5 feet of the rear property boundary only if the garage doors do not face the alley. If garage doors are facing the alley then a minimum of 10 feet from the property line to the eave of the garage shall be required. F. Kalispell ,honing ordinance, Section 27. 7.0 0 Pernmitted lot coverage) Allows an increase to % lot coverage on the 6,000 square foot lots and only restricts lot coverage on the Z-lots as to construction within the required setbacks. G. Kalispell Zoning Ordinance, Section 27.2 .0 o (Subdivision identification signs) Allows an increase in the number and size of subdivision identification signs within the project. The text and associated graphics for the two primary entry monument signs shall be a maximum of 35 square feet, 31 feet tall and 10 feet long. The secondary monument signs shall have text and associated graphics no larger than 11 feet tall and 5 feet long for a total of square feet. The signs shall not exceed 6 feet in height and shall be located outside of site visibility triangles of the adjacent intersections. H. Kalispell Subdivision Regulations, Section 3.0 (Streets and Roads — Design Standards) Allows curb bulbs to be used at the intersection of local streets. . Kalispell Subdivision regulations, Section 3.0 G (Streets and Roads — Design Standards) Allows the north south street in phase 3, shown as Juneberry Street on the conceptual site plan, to terminate in a private roadway. J. Kalispell Subdivision regulations, Section 3.0 1 (Through lots) Allows 8 through lots in phase 2, designated lots 1-8 as shown on the conceptual site plan. Refer to condition 2.H for fence height. . The development of the 85.2 acre site shall substantially comply with the fallowing maps and elevations submitted as part of the Planned Unit Development t application: A. Conceptual Site Plan, Exhibit A-1 B. Data Table, Exhibit .--2 Note: Off-street parking requirements shall meet the Kalispell Zoning ordinance r r nimum requirements. C. Conceptual Phasing Flan, Exhibit D. Single Family, Z-lot and Apartment wilding elevations E. Lot Typicals, Exhibits -1, E- , E-3, -1, and F2. Note; Building setbacks and lot coverage subject to approved PUD conditions. If a let is located between a street and alley garages shall be located off of the alley. F. Conceptual Open Space and Landscape flan, Exhibit H G. Pedestrian path detail between Bloomstone and Kids Sports complex H. Conceptual Fencing Flan, Exhibit Note: Fencing along Treeline Road shall be a maximum of 3 1 feet and fencing on the north and south sides of phase 3 shall be removed. I. Conceptual sighting Flan, Exhibit -1 Note: All lighting must comply with Kalispell Zoning ordinance , . Conceptual Entry and Fencing Themes, Exhibits T- f , -2, - , -4, -5 K. Conceptual Frail Plan and Detail, Exhibits -1 and -2 Note: Trail width shall be deterr ined by the Parks and recreation Department and trail construction shall meet city standards. L. Typical Street retails, Exhibits G-1, -2, -1, -2, and L- Note: All roads shall be designed to meet the city's minimum roadway widths except as permitted through this PUD. Monument signs shall be located outside of the right- ay. . Development of the site shall adhere to the Bloomstone conceptual site plan. Dote: The implementation of the conditions may result in the loss of dwelling units. 4. Upon subnitting a preliminary plat application for phases 4 and 5 the developer shall provide further details for the future club house in phase 4 and community center in phase 5. The details shall include at a minimum the size, elevations, and floor plan of the buildings. 5. Prior to issuance of a building permit for the multifamily units in phases 1, 4 and 5 of the loomstone project, the developer shall provide the city with a trail connection plan for review and approval. The plan shall illustrate how trails and sidcwalks within the development will connect with existing or future trails or sidewalks. s. . Prior to final plat approval of phase 2 Treeline road shall be extended to Four Mile (rive. That portion of Treeline Road from the south boundary of phase 2, south to Four Mlle Drive, shall be improved to provide an all weather access for emergency vehicles to travel on the roadway. . Upon submitting a preliminary plat application for phase 2 the developer shall provide the city with a detailed grading plan and identify these areas that will need a retaining gall over feet for phases 2, 3, 4 and 5 including both the north and south sides of Four Mile Drive. These walls shall be subject to review by the city's site review cornniittee for aesthetic purposes. Recommendations for aesthetic treatment of the retaining walls shall be forwarded on to the planning board and city council for consideration. Note: The subdivision and roadway grading presented shall be designed and constructed in a manner that would allow future connection to the properties south of four Mile Drive be feasible. . The internal streets proposed for the condominium project in phase 5 shall be required to include sidewalk on both sides unless a deviation from the city's street standards i requested. Garages for the condominium units shall be required to be a minimum of 20 feet from the sidewalk or edge of curb to discourage vehicles encroaching on the sidewalk or street. . The 11. 3 acres immediately north of Bloomstone shall be shown as R-4/PUD zoned property under the ownership of the Department of Natural resources and Conservation DNRC on all future prefirr nary and final plans unless instructed otherwise by the DNRC or City of Kalispell. 10. The power, phone, natural gas and cable television lines shall be located within the alley right -of -gray. Where are alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate -foot easement outside of the road right-of-way easement. 11. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to and during construction of hones on the lots to assure setbacks are being net. Staking for building foundations shall be offset from the foundation to assure stakes are in place during and after excavation of the building pact. 12. Condominium or apartment association shall be created for the mw' ntenance of the areas immediately surrounding the multi--farnily buildings in phase 1A, 4 and 5. 3. The developer shall provide the Parks and Recreation Department with a park improvement plan for the two tot lots in phase 1A, health and fitness trail, and one acre park in phase 4. At a minimum the park improvement plans shall include trails connecting with adjoining trails or sidewalks, turf, irrigation, and landscaping within the parks and a Ramada for the tot lot in phase 1A. The developer shall provide other hark amenities including but not limited to security lighting, children's play equipment, benches, trash receptacles, and drinking fountains, where appropriate. The plan shall be reviewed and approved by the parks and Recreation Department ent in conjunction with the Police Department for the security lighting. 14. Prior to the final plat of phase l A the developer shall provide the city with a cash in lieu payment of 5.55 acres of land less the area of parkland for phase 1A. At the time the city is prepared to acquire the 11. 3 acres of lard immediately north of the Bloom tone subdivision, the remaining 10.52 acres of lard shall be provided as a letter of credit for the city to drag upon. The cash in lieu payment and letter of credit value shall be based on the unimproved fair market value of the land devoted to lots. Note: At the time the Department of Natural resources and Conservation land is acquired the remaining letter of credit funds shall be drawn upon to complete park improvements per the schedule approved in the park master plan referenced in condition 15. 15. Prior to preliminary approval of phase 2 the Parks and Recreation Department in cooperation with the developer shall develop a park master plan for the 11.3 acre land immediately north of Bloomstone currently owned by the Department of Natural resources and Conservation. The plan shall be implemented ted by the developer in a phasing schedule approved by the city council with input from the 'arks and recreation Department and planning board. Dote: Development of the 11.3 acre land does not include the construction of a community center, swimming pool or any other facility not agreed upon in the park master plan. 16. Specifications for the bike/pedestrian, trail construction shall meet current city standards with the width of the trail determined by the Parks and Recreation Department. 17. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA►. incorporating all the lots within the Bloomstone 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 Bloomstone subdivision. 1 . 1n the event the Homeowners Association fails to maintain its properties, the park maintenance district program may be initiated by the city to provide maintenance for some or all of the public or private improvements. 19. The developer shall provide the Parks and Recreation Department ent a landscaping and irrigation plan for the common areas within the project site. The approved planting and irrigation plan shall be installed prior to final plat approval of the respective phase or appropriate bonding provided. 20. A 3 1/2-foot tall vinyl fence shall be installed by the developer abutting the .rear property boundary of lots 40-4, 59-5, and 99--105 of phase l A, lots 8 1 A and 80 of phase 1 B, and lots 2A and lets 1-8 of phase 2. All fencing shall be installed prior to final plat approval of the pertinent phase. 21. A note shall be placed on the final plat for phases 1 A, 1 B and 2 prohibiting the property owners of lots 40-4, 5 -5, and 99-105 of phase 1 A, lots 8 1 A and 80 of phase 1 B, and lots 2A and lots 1-8 of phase 2 from installing any additional rear yard fencing. 22. A note shall be placed on the final plat of each phase including alleys stating that the alleys shall be privately maintained. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat subn ittal for each phase. The minimum of two-thirds of the necessary infrastructure shall include the extension of water and sewer mains to the site and the necessary upgrades to the existing sever lines to transport effluent back to the city sewage treatment plant. 24. The first phase, phase 1 A, shall be filed within three years of approval of the effective date of the preliminary plat of phase IA. Each successive phase shall be filed within two years of final plat approval of the previous phase. 1n all events, each phase shall be freestanding in terms of public infrastructure, services, parrs and open space. The city council may grant one year extensions 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. 25. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development 1, zoning for the site. SECTION 11. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED Y THE CITY COUNCIL AND SIGNED BY THE SAY THE CITY OF KALISPELL, MONTANA, THIS 5TH DAY OF MAY, 2008. Pamela B. Kennedy Mayor ATTEST. - Theresa White City Clerk City of Kalispell PIanning & Buildinb Department 201 1"Ave East, Kalispell, Montana 59901 Plarming Telephone: (406) 758-7940 Building Telephone: (406) 758-7730 Fax: (406) 758-7739 Website: www.kalispell_eom. April 15, 200 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell National Investment Company request for amendments to the spring Prairie Planned Emit Development and preliminary plat approval for the first phase of the Bloomstone subdivision DearJim: The Kalispell. City Tanning Board met on April 8, 2008 and held a public hearing to co .s *der a request from the Kalispell National Investment Company to amend the existing -4 1 UD zoning on an 85.2 acre property and develop the property as a. residential subdivision ision called. Bloornstone. The overall project will be developed in 5 phases providing a total of 569 dwelling units. The developer is also requesting prolinfinar y plat approval for phases 1A and 1B of the project. phase 1A consists of - 8 plea apartment units, 74 single family residential lots, and 10 townhouse lots. Phase 1 B consists of 37 single family residential. lots. The residential lots will range in size from 2,400 square feet (townhouse lot) to 8,000 square feet. The 85.2 acre site can be legally described as parcel 3 ofCertificate of Survey 17217 located in the SW 1/4 of Section 36, Township 29 North, Range 22 Nest. The property is located immediately west of the Kids Sports complex on the north side of Four Mile Drive, approximately 1/ mile west of the intersection of Four Mile Drive and Highway 93 North. Sean Conrad of the Kalispell planning Department presented staff reports KPUD-07- and KP- 7-1.4 evaluating the proposed project. Staff recommended the planning board recommend approving a majority of the requested amendments to the existing Planned Unit Development and the preliminary plat for the first phase of the subdivision subject to the conditions listed in the staff report. During the public hearing portion of the meting the developer and his consultant team spoke in favor of the proposed project. Two members of the public also spoke on the project. 'Their concerns were the interactions between the project and Kids sports complex, acquiring adjacent lands for park development and possibly increasing the open space and park areas within the subdivision. After the public hearing was closed the planning board discussed the proposed project. Two main concerns brought up during the planning boards discussion were grading along Four Mile Drive and limiting alley access onto Treeline load. As part of the overall project the developer intends to lower the southern, portion of the project site. This would in -turn require Four Mile Drive to be lowered approximately 12 feet.. The planning board was concerned with the propel owner south of Pour Mile Drive gaining reasonable access to Four Mile Drive when the road is lowered in conjunction with the Bloomstone project. Therefore, the planning board recommended a rending condition, number 7 of the PUD regarding the grading of the site and added that "the subdivision and roadway grading presented shall be designed and constructed in a manner that would alloy future connection to the properties south of Four Mile Drive be feasible." This amendment passed on a vote of 3 to 2. The second issue discussed by the planning board was limiting traffic access onto an alley serving 22 townhouse lots in phase 1B. The alley is proposed to have an entrance exit onto Treeline Road between vaterleaf Lane in phase 1B and. Nightshade Drive in phase 2. Treeline Road will be designed to function as a collector roadway and, therefore, the number of access points onto Treeline load, whether a street or an alley, should be limited. The Public Works Department had recommended that the alley serving the townhouse lots in phase 1B include removable bollards at the alleys intersection with Treeline road to prohibit dairy traffic movements from entering or exiting at this location. By using the removable bollards the alley could still be used by emergency vehicles if necessary. Before the planning board hearing the developer requested changing the language in the condition to remove the requirement for bollards and instead allover him to come up with a landscaping and curbing plan that would accomplish the sane access restrictions as the bollards. The developer requested this because he felt that bollards would not aesthetically tie into the surrounding neighborhood he is creating. During the planning board discussion on the issue some members of the board had concernsv t i blocking the alley off for strictly emer-genc vehicles. Concerns rere also praised about garbage collection and snowy storage. However a majority of the planning board members agreed with the Public Works Department's recommendation about restricting access from the alley onto Treeline road. A motion to remove recommended condition number 35 failed on a vote of 4 to 1. After discussing the proposed project the planning board unanimously recommended approval of both the planned unit development and prel.irninary plat requests subject to staffs conditions as amended. Please schedule this matter for the April 21, 2008 regular city council meeting. You may contact this hoard or Sean Conrad at the Kalispell Panning Department if you have any questions regarding this natter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Staff report KP- 7 -' and KPH - -. Minutes of the 3 1 l 8 planning board meeting e wtt: Teresa White, Kalispell City Clerk w/o Att: Kalispell National Investment Company 124 Swan Ridge Court Kalispell, MT 59901 Morrison.-- Maierle, Inc. 1228 Whitefish Stage Road Kalispell, MT 59901 EXHIBIT A CONDITIONS OF APPROVAL FOR THE BLOOMSTONE PUD AND PRELIMINARY PLAT FOR PHASE RECOMMENDED BY THE KALISPELL PLANNING BOARD MARCH 11, 2008 CONDMONS OF APPROVAL 'iD Conditions 1.. The Planned Unit Development for Bloomstone allows the following deviations from. the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 2 . o .040 t) (Mini -Mum lot area. Allows the nu*r mum lot area to be reduced from 6,000 square feet to 4,290 square feet for single-family lots. B. Kalispell Zoning Ordinance, section 27- 0 7.040 2) Minimum lot width) Allows the minimum lot width to be reduced from 50 feet to 40 feet for single-- family lots. C. Kalispell Zoning Ordinance, Section 2 .0' .040 3) (Minimum building setbacks) Allows zero side yard setbacks for the Z-lots . .I Kalispell Zoning Ordinance, Section 27.0 ".040 (Front setback encroachment) Allows the front setback reduced to 10 feet. Such reduction stall only apply to the single family residential houses. The multi --family buildings would treed to meet the 15--foot setback provided for in the --4 zoning district. All garages shall be a minimum of 20 feet from the front property line except for garages on the Z-lots that are parallel to the adjacent street. These garage may be within 10 feet of the front property boundary. E. Kalispell Zoning Ordinance, Section 27.0 '.040 3 (Rear setback encroachment) Allows a 5 foot setback on the Z-lots inhere the lot size is less than 5,000 square feet. Garages may be constructed within 5 feet, of the rear property boundary only if the garage doors do not face the alley. If garage doors are facing the alley them a nu'nimum of 10 feet from the property lire to the eave of the garage shall be required. F. Kalispell. Zoning ordinance, section 27.07.0 0 (5) Permitted lot coverage Allows an increase to 54% lot coverage on the 6,000 square foot lots and only restricts lot coverage on the Z-lots as to construction within the req.ired. setbacks. G. Kalispell Zoning ordinance, Section 27.24.050 ) (subdivision. identification signs) Allows an increase in the number and, size of subdivision identification signs ithin the project. The text and associated graphics for the two primary entry monument signs s .aH be a maximum of 35 square feet, 3 1/2 feet tall and 10 feet long. The secondary monument signs shall have text and associated graphics no larger than 1 1/2 feet tall and 5 feet long for a total of 7 IY2 square feet. The signs shall not exceed 6 feet in height and shall be located outside of site visibility triangles of the adjacent intersections. H. Kalispell subdivision Regulations, Section 3.0(streets and Roads - Design Standards) Alloys curb bulbs to be used at the intersection of local streets. 1. Kalispell subdivision regulations, section 3.0(streets and Roads - esi.gn standards) Allows the north south street in phase 3, shown as Juneberry street on the conceptual site plan, to terminate m a private roadway. J. Kalispell subdivision regulations, section 3.0(1) (Through lots) Allows 8 through lots in phase 2, designated lots 1-8 as shown on the conceptual site plan. Defer to condition 2.H for fence height. . The development of the 85.2 acre site shall substantially comply with the following maps and elevations submitted as part of the Planned. Unit Development ment application: A. conceptual. site Plan, Exhibit --1 B. Data Table, Exhibit A.-2 Note: off-street parking requirements shall meet the Kalispell Zoning Ordinance ninirnum requirements. C. conceptual Phasing Plan, Exhibit 1 . Single Family, Z--1ot and Apartment Building elevations E. Lot 'la icals, Exhibits E-1, E--2, E-3, -1, and F -2 Note; Building setbacks and lot coverage subject to approved. PU conditions. 1f a lot is located between a sheet and alley garages shall be located off of the alley. F. conceptual Open Space and Landscape flan., Exhibit � i G. Pedestrian path detail between Bloornstone and Kids Sports complex H. conceptual Fencing Plan, Exhibit 1 Note: Fencing along Treelffie load shall be a maximum of 3 V2 feet and fencing on the north and south sides of phase 3 shall be removed, I. Conceptual Lighting Ilan, Exhibit d-1 Note: All lighting must comply with Kalispell Zoning Ordinance J. Conceptual Entry and Fencing Themes, Exhibits T-1, T-2, T-3, T-4 , T- . Conceptual Trail Plan and Detail, Exhibits -1 and P- 2 Note: Trail width shall be determined by the parks and Recreation Department and trail construction, sha . meet city standards. L. Typical Street Details, Exhibits G-1, G-2, L-- 1, b- , and L-3 Note: All roads shall be designed to meet the city's minimum roadway widths except as permitted through this PUD. Monument signs shall be located outside of the right -of -moray. 3. Development of the site shall adhere to the Bloomstone conceptual site plan. Note: The implementation of the conditions may result in the loss of dwelling units. 4. Upon submitting a preliminary plat application for phases 4 and 5 the developer shall provide further details for the future club house in phase 4 and community center in phase 5. The details shall include at a minimum the size, elevations, and floor plan of the buildings. Prior to issuance of a building permit for the multifamily ,units in phases 1, 4 and 5 of the f loomstone project, the developer shall provide the city with a trail connection plan for review and approval. The plan shall illustrate homer trails and sidewalks within the development will connect with existing or future trails or sidewalks. . Prior to final plat approval of phase 2 TTreeline Road shall be extended to Four Mile Drive, That portion. of Treeline Road from the south boundary of phase 2, south to Four Mile Drive, shall be unproved to provide an all weather access for emergency vehicles to travel on the roadway. 7. Upon submitting a preliminary plat application for phase 2 the developer shall provide the city with a detailed grading play and identify those areas that will need a retaining wall over 3 feet for phases 2, 3, 4 and 5 including both the north and south sides of Four Tile Drive. These walls shall . be subject to review by the city's site review committee for aesthetic purposes. Recommendations for aesthetic treatment t of the retaining walls shall be forwarded on to the planning board and city council for consideration. Note: The subdivision and roadway grading presented shall be designed and constructed in a manner that would allow future connection to the properties south of Four Mile Drive be feasible. s. The internal streets proposed for the condominium project in phase 5 shall be required to include sidewalks s on both sides unless a deviation from the city's street standards is requested. Garages for the condominium units shall be required to be a minimum of 20 feet from the sidewalk or edge of curb to discourage vehicles encroaching on the sidewalk or street. . The 1.1.3 acres immediately north of Bloomstone shall be shown as R -4 PUD zoned property under the ownership of the Department of Natural resources and Conservation D RC) on all future prehrm*nary and final plans unless instructed otherwise by the DNRC or City of Kalispell. 10. The power, phone, natural gas and cable television lines shall be located within the alley right--of-moray. Where an alley is not adjacent to the lot the poorer, phone, natural gas and cable television lines shall be located within a separate -foot easement outside of the road right-of-way easement. 11. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to and during construction of hordes on the lots to assure setbacks are being met. Staling for building foundations shall be offset from the foundation to assure stakes are in place durm* g and alter excavation of the building pad. 12. Condominium or apartment association, shall be created for the maintenance of the areas immediately surrounding the multi -family buildings in phase 1A, 4 and 5. 13. The developer shall provide the Parks and Recreation Department with a park improvement plan for the two tot lets in phase 1.A, health and fitness trail, and one acre park in phase 4. At a minimum the park improvement plans shall include trails connecting with adjoining trails or sidewalks, turf, irrigation, and landscaping within the parks and a. Ramada for the tot lot in phase IA. The developer shall provide other park amenities including but not limited to security lighting, ch.ild.ren's play equipment, benches, trash receptacles, and drinking fountains, where appropriate. The plan shall be reviewed and approved by the Parks and Recreation Department in conjunction with the Police Department for the security lighting. 14. Prior to the final plat of phase I A the developer shall provide the city with a cash in lieu payment of 5.55 ages of land less the area of parkland for phase 1A. At the time the city is prepared to acquire the 11.3 acres of land immediately north of the Bloomstone subdivision, the remaining 10.52 acres of land shall be provided as a letter of credit for the city to drag upon. The case in lieu payment and letter of credit value shall be based on the unimproved fair market value of the land devoted to lots. Note: At the time the Department of Natural resources and. Conservation land is acquired the remaining letter of credit funds shall be drawn upon to complete park improvements per the schedule approved in the park master plan referenced in condition 15. 15. prior- to preliminary approval of phase 2 the Parks and recreation Department in cooperation with the developer shall develop a parr master plan for the 1.1. acne land immediately north of Bloomstone currently owned by the Department of Natural resources and conservation. The plan shall be u* nplemented by the developer in a. phasing schedule approved by the city council with input from the Parrs and recreation Department and planning board. Nate: Development of the 11.3 acre land does not include the construction of a corx murrit r center, swimming pool or any other facility not agreed upon in the park master plan. 16. Specifications for the hike pedestrian trail construction shall meet current city standards with the width of the trail determined by the parks and Recreation Department. 17. A park maintenance district shall be formed in accordance with section 7- 2- 4001 MCA. incorporating all the lots within the Bloomstone 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 Bloomstone subdivision. 18. In the event the Homeowners Association fails to maintain its properties, the park maintenance district program may be initiated by the city to provide maintenance for some or all of the public or private improvements. 19. The developer shall provide the parks and Recreation Department a landscaping and irrigation plan for the common areas within the project site. The approved planting and irrigation plan shall be installed prior to final plat approval of the respective phase or appropriate bonding provided. 20. A 3 1/2-foot tall vinyl fence shall be installed by the developer abutting the rear property boundary of lots 40-, 59-, and 99-105 of phase 1A, lots 81A and o of phase 1. , and lots 2 A and lots 1-8 of phase 2. All fencing shall be installed prior to final plat approval of the pertinent phase. 21. A note shall be placed on the final plat for phases 1A, 1 B and 2 prohibiting the property owners of lots 40-4 , 59-65, and 9-10 5 of phase IA, lots 8 1A and 80 of phase 11 , and lots 2 A and lots 1-8 of phase 2 from installing any additional rear yard n ing. 22, A note shall be placed on the final plat of each phase including alleys stating that the alleys shall be privately maintained. 23. That a mini rnum of two-thirds of the necessary infrastructure for this subdivision shall be completed, prior to final plat submittal for each phase. The minimum of tiro -thirds of the necessary infrastructure shall include the extension of water and sewer mains to the site and the necessary upgrades to the existing severer lines to transport effluent back to the city sewage treatment plant. 24. The first phase, phase 1A, shall be filed within three gears of approval of the effective date of the preliminary plat of phase 1A. Each successive phase shall be filed within two years of final plat approval of the previous phase. 1n all events, each phase shall be freestanding in terms of public infrastructure, services, parks and open space. The city council may grant one year extensions 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. . That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions unposed, shall constitute the planned. Unit Development PUD) zoning for the site. Bloomstone Phase IA and 1B Subdivision Conditions General Conditions: 26. That the development of the site shall be in substantial compliance with the application submitted, the site plate., 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) 2. 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)). Prior to finalat: 28. A geotechnical report shall be provided to the Public Works Department and Building Department for review concerning ground water levels and to address the appropriateness of crawl spaces and basements. (Findings of Fact Section C) 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kal.ispell's Standards for Design and Construction and Montana Public Works Standards with minor deviations as permitted in the PUD; 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 lic Works Department prior to construction. This infrastructure shall include but not be limited to streets, sheet lighting, street signage, curb, gutter, boulevard and sidewalks. s. Kalispell Design and Construction Standards) 30. eater- and seeder main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for resign and. Construction and Montana public Works Standards. The grater- and surer 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 surer mains have been built and tested as designed and approved. (Kalispell Design and construction Standards) Note: The grater line extension from. Reserve Loop shall be looped with the grater line within Four Mile Drive. Location and sizing of the crater line extension shall be reviewed and approved by the public Works s Department. 1. The developer shall submit to the Kalispell Public 'Voris Department for review and approval a storm grater drainage report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final, plat, a certification shall be submitted itted 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) Note: : n off site downstream analysis shall accompany the draffiage report. This analysis will need to identify if the new volume release from the development will impact the downstream adjacent properties, conveyance channels, and eater bodies. This downstream analysis will need to look at the 2, 10, and 100 year flogs. 32. The developer shall submit to the Kalispell Public Voris Department prior to construction, a city storm grater mc-magement 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) 33. Where any public infrastructure has not been completed and accepted by the City of Kalispell a subdivision improvement agreement and a proper bond for unfinished work as provided for in appendix E of the Kalispell Subdivision Regulations shall be provided to address the unfinished work. (Kalispell Design and Construction standards) 34. A 60-foot road and utility right -of - ray shall be extended. from. Paintbrush Court and. Mariposa Court in phase IA to the north property boundary of the subdivision. Findings of Fact Section D 3. A combination of landscaping and curbing shall be placed at the intersection of the alley serving the townhouse lots in phase 1B and Treellne Road to prevent non emergency vehicle traffic from entering the alley from Treel.ine Road. The location and type of landscaping and curbing shall be reviewed and approved by the Public Works Department and Fire Department. (Findings of Fact Section D . The following note shall be placed on the final plat: "Property ovmer(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area. to City standards which are impacted by this subdivision.." (Findings of Fact Section D 37. A noise study shall be completed prior to the final plat approval of phase 1 . The noise study shall show hoe a noise level of 60 dBA at the property boundary for the Z-lots (lots -1 ) and lot 107 can be achieved. The proposed mitigation measures contained in the noise study shall be reviewed and approved by the city staff and implemented prior to the fmal plat of phase 1 . (Findings of Fact section A) Note: This condition may result in the loss of one or more of the proposed multi -family buildings or require submission to the city for an amended PUD site plan.. 3 . A letter from the Montana Department of Transportation shall be provided stating that the bypass right-of-way shown on the final plat is adequate for the construction of the future highway bypass. (Findings of Fact Section D) Note: The location of the highway bypass right-of-way may ` ct the western boundary line of the proposed subdivision, which may in tam affect the number of proposed lots or condominium units. 39. The developer shall obtain permi in to construct and ma ffitain the earth berm located within the future right-of-way area on the west side of phase 1A. The earth berm shall be constructed to accommodate a future bike trail and connections to adjoining streets or trails within phase 1A.(Findings of Fact Section D) 40. A temporary turn around. meeting International Fire Code standards shall be installed at the southern terminus of Foxglove Drive. (Findings of Fact section A 41. The following e uir e is shall be met per the Kalispell. Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). . water mains designed to provide required fire flows shall be installed per City specifications at approved locations. Fire flows shall be in accordance with International Fire Code, Appendix D. 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 Chapter 5. d. Street naming shall be approved by the Fire Department. e. Addressing shad comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. f. Required fire flours shall be venffled and approved by the Kalispell Fire Department prior to combustible construction. 42. A letter shall be obtained from the Parks and Recreation Department 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 shad be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Paris and Recreation Department. (Kalispell Subdivision. Regulations, Section 3.11). Note: Flocks in the landscape boulevard are prohibited. 43. The approved parrs improvement plan for the two tot lots and health, and fitness hail if applicable) , open space landscaping and irrigation plan, and bike pedestrian plan shall be completed prior to the final plat or bonded for. (Findings of Fact Section. D Note: The heap and fitness trail shall. be Located with are open space area approximately 20 feet wide. . The roads within the subdivision shall be earned 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 fm 1. plat have been reviewed and approved. (Kalispell Subdivision. Regulations, Section. 3.09) . All existing and proposed casements shall be indicated on the face of the final plat. Utility easements for City grater and surer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Departrnent shall be obtained stating that the required easements are being shoes on the final plat. (Kalispell Subdivision Regulations, Section 3.18) . Prior to filing the fma.l 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 deliverer site. The mail delivery site shall be designed in accordance with section 3.22 of the Kalispell subdivision Regulations and installed or bonded for prior to final Plat. In addition, the mail delivery site and improvements ents shall be included in the preliminary and fmal engineering plans to be reviewed by the Public Works Department. The mad delivery site shall not impact a sidewalk or Proposed boulevard area. (Kalispell Subdivision Regulations, Section .22) 47. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, ion, rheth. r public or private, Providing or offering to Provide telephone, telegraph, electric poorer, gas, cable television., grater or suer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their line and other facilities, in, over, under, and across each area designated on this Plat s "Utility Easement" to have and to hold forever. ft Developer's Signature (Kalispell subdivision Regulations, Section. .1 s ) . The developer shall obtain the necessary permits from the Bonneville Poorer Authority PA for construction of the stormwater detention pond and parking lot as shown on the conceptual PUD site plan. (Project proposal) On goingconditions: 49. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) o. All areas disturbed d n*ng development shall be re -vegetated with a weed -free mix immediately after development.