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3. Ordinance 1651 - Planned Unit Development Overlay Zoning District - Valley Ranch - 2nd ReadingREPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT: Second Reading - Gateway Properties, Inc. request for a Planned Unit Development Zoning (Valley Ranch) MEETING DATE: December 1, 2008 BACKGROUND: This is the second reading on a zone change request from Gateway Properties, Inc. for a Planned Unit Development (PUD) overlay zoning district on an 80.7± acre site currently within city limits zoned R-2 (Single Family Residential). The 80.7± acre site can be described as Tract 2, Tract 3 and Tract 213C in Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved the first reading of the ordinance at their regular meeting on November 17, 2008. RECOMMENDATION: A motion to approve the second reading of the ordinance for a Planned Unit Development (PUD) zoning district would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully sub/med, - t f V Sean Conrad Myr Webb Senior Planner Interim City Manager Report compiled November 25, 2008 c: Theresa White, Kalispell City Clerk AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 2, TRACT 3 AND TRACT 2BC IN SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-2 (SINGLE FAMILY RESIDENTIAL)), TO CITY R-2 (SINGLE FAMILY RESIDENTIAL) WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Gateway Properties, Inc., the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 80.8 acres of land, and WHEREAS, the property is located on the east side of Highway 93 approximately 1 1/2 miles north of the intersection of Highway 93 and West Reserve Drive, and WHEREAS, the petition of Gateway Properties, Inc. was the subject of a report compiled by the Kalispell Planning Department, Staff Report # KA-07-5 / KPUD-07-2, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-2, Single Family Residential, with a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 10, 2007 and May 8, 2007, and recommended that the initial zoning be City R-2, Single Family Residential with a Planned Unit Development overlay, upon annexation to the City of Kalispell, and WHEREAS, the City Council of the City of Kalispell enacted Resolution 5208 annexing the property as described to the City of Kalispell on July 2, 2007, and Ordinance 1615, zoning the property as City R-2 on July 16, 2007, but referred the Planned Unit Development request back to planning staff for revisions, and WHEREAS, after revisions, the Kalispell City Planning Board held another Public Hearing on the matter on August 12, 2008, and recommended that the zoning be City R-2, Single Family Residential with a Planned Unit Development overlay, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Single Family Residential with a Planned Unit Development overlay, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KPUD-08-1. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as R-2, Single Family Residential with a Planned Unit Development overlay on approximately 80.8 acres. SECTION II. The Planned Unit Development proposed by Gateway Properties, Inc. upon the real property described above is hereby approved, subject to the following conditions: General Conditions: 1. The Planned Unit Development for Valley Ranch allows the following deviations from the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2 zoning district). Allows the minimum lot area to be reduced from 9,600 square feet to 8,100 square feet for detached single-family lots. B. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district). Allows townhouse as a permitted use within the R-2 zoning district. The townhouse units may also be used temporarily as a model unit for sales purposes. Note: The townhouse lots may be reduced in size but in no case shall the lot size be below 2,000 square feet or 6,000 square feet for the parent lot. C. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning district). Allows assisted and independent living units and apartment/condominium units in the R-2 zoning district. These units may also be used temporarily as a model unit for sales purposes. D. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%). Allows lot coverage for the townhouse lots to increase to 45%. E. Kalispell Zoning Ordinance, Section 27.24.090 (Permitted signs in Zones R-1, R-2, R-3 and R-4). Allows the following: • One 24 square foot sign and one 10 square foot entry sign for the apartment/condominium development. • Two 10 square foot entry signs for the assisted/independent living facility. • Two marketing signs not to exceed 64 square feet. Note: Only one marketing sign may be placed adjacent to Highway 93. The signs shall be maintained and kept in good condition. The signs shall be removed upon the sale of 80% of the dwelling units or if the PUD expires. 2. A revised PUD master plan shall be provided with the preliminary plat submittal of phase 1 which incorporates the Valley Ranch PUD conditions of approval. Note: The implementation of the conditions may result in the loss of dwelling units. 3. That the development of the site shall be in substantial compliance with the following plans, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council: • A maximum of 278 dwelling units and up to 104 assisted and independent living units. • Valley Ranch PUD master plan dated 5-20-08 • Phasing Plan • Schematic Landscape Plan • Elevations for single family lots • Elevations for the townhouse lots • Preliminary schematic site plan for the assisted and independent living facility • Elevations and preliminary schematic site plan for the condo or apartment units • Landscape Buffer for Highway 93 • Declaration of Covenants, Conditions, and Restrictions • Design Standards Note: The building height and lot coverage standards will be modified to comply with the zoning ordinance's definition and calculation of these standards. The reference for guest homes shall be removed. • Typical road sections Note: For the road section the sidewalks shall be located within one foot of the right-of- way line to provide for a widened boulevard. For the alley section that area between the edge of pavement and property line shall be seeded. 3. A street and associated right-of-way meeting city standards shall be constructed in the area of townhouse lot 22 from Plentywood Loop south to the project's boundary with assessor's tract 313A. This construction and right-of-way dedication shall occur prior to final plat approval for phase 3. 4. The following parks shown on the PUD plan shall be dedicated to the City of Kalispell upon final plat approval for each of the respective phases: ® Phase 1 -The 1.5 acre park next to the assisted living facility ® Phase 2 - The 3.3 acre linear park along the south boundary of Ponderosa Estates Phase 3 - The 8 acre park 6. The developer shall provide the Parks and Recreation Department with a revised park improvement plan for each of the three city parks with the submittal of the preliminary plat. Park improvements shall include the following: ® A trail starting at the northwest corner of the PUD and connecting with a highway side trail aligned through the 8 acre park, through the linear park and connecting via the sidewalks along Sun Prairie Court with the 1.5 acre park adjacent to the Assisted Living Complex. The trail must be paved to an 8 foot width on the interior of the site and 10 feet wide adjacent to the highway. ® Provide easements for a trail adjacent to Highway 93 along the northwestern portion of Valley Ranch. ® Provide landscaping and irrigation in the public park areas acceptable to the Kalispell Parks and Recreation Department. ® Provide one tennis court, one 20 foot diameter shelter/pavilion, a hard -surface multi- purpose court and a 5-12 year -old playground in the 8 acre public park. ® Provide a 12-14 foot diameter shelter and a 2-5 year -old tot lot in the 1.5 acre park. ® Provide benches in each of the parks along the trail and benches along the trail in the linear park. The plans shall be reviewed and approved by the Parks and Recreation Department and implemented prior to final plat approval. 7. Detailed plans for parks, open space areas, and 100-foot highway setback buffer, other than the three city parks cited in condition 5, shall be submitted with the preliminary plat application of their respective phase. The Parks and Recreation Department shall review and provide a recommendation of the plans for city council approval. 8. A pedestrian/ bike path plan shall be submitted with the preliminary plat application for phase 1 to the Parks and Recreation Department for its review. The plan shall include the pathway width and construction materials for the paths located throughout the Valley Ranch PUD. The city council shall approve the plan with path construction coinciding with the various phases of development. 9. Parks and open space development for phase 1 shall include the 1.5 acre city park adjacent to the assisted living facility, the 0.8 acre homeowner's park north of the 8.7 acre apartment/condominium lot . 10. Prior to obtaining a building permit for the assisted and independent living facility, the developer shall submit an amendment to the Valley Ranch PUD for a public hearing showing the location, size, elevations, landscaping and parking associated with the assisted and independent living facility. Note: The building shall incorporate four sided architecture and an on -site public transit location. Building plans shall incorporate the use of an automatic fire suppression system. 11. Prior to issuance of a building permit for each of the multi -family buildings, the Kalispell Site Review Committee shall review each individual building plan with all applicable city codes and policies and the following: ® Heavy duty loop bike racks capable of holding 5 bicycles located adjacent to each building ® A landscaping and irrigation plan ® Sidewalk connectivity between the units, parking areas, bike paths if applicable and sidewalks along the adjoining streets ® Multifamily buildings on the same lot shall have a minimum building separation of 20 feet (eave to eave). 12. The clubhouse for the apartment/condominium units shall be completed prior to issuance of the certificate of occupancy for the 41 st unit. The clubhouse shall be approximately 2,500 to 3,000 square feet in size and have bathrooms and kitchenette facilities in addition to multipurpose rooms. The clubhouse may serve as a sales office for the apartment/condominium units. 13. Prior to final plat approval for phase 1 the following road improvements shall be installed: ® Whitehall Road, from the west end of the apartment/condominium lot, to Highway 93 shall be improved to carry emergency vehicles. The emergency access will need to meet fire code standards. • Round -Up Road shall be built to the southern end of the project site boundary to city standards. • Whitehall Road shall be constructed to city standards to the eastern boundary of the project site. 14. An undefined 60-foot wide public road and utility easement shall be provided along the east side of Round -Up Road in the park area between lots 56 and 57. The easement shall be noted on future subdivision plats. 15. A landscaping plan for any lift stations on the project site shall be provided with the submittal of a preliminary plat. The landscaping plan shall incorporate a combination of trees and shrubs with a density adequate to screen the lift station from public view. 16. Future subdivisions on the project site shall not be given final plat approval until a street connection is made to the south which provides a full movement intersection in order for traffic to travel south on either Highway 93 or Whitefish Stage Road. �r.�•�ss�.. . Ee!!eetiseerses�Erss:re!s�s�:�:� . e�s�r:�:r_� 18. The developer shall submit a an overall stormwater plan for the entire development with the preliminary plat application of phase 1 and a concept drainage report for each of the preliminary plat submittals. The concept drainage report shall include but is not limited to the following: • Narrative: The narrative shall describe all proposed methods and alternatives for stormwater treatment and disposal, as well as provide sufficient information, supporting technical data, assumptions, design criteria, and drainage calculations. If phasing is anticipated, an explanation of how the drainage system will be phased and constructed shall also be included; • Schematic: The schematic plan of the proposed stormwater system shall show the approximate size and location of all drainage components; • Geotechnical Information: If infiltration is proposed, then sufficient site characterization work shall be completed to demonstrate that the proposed facilities will function as intended. • Pre -Development Basin Information: This information shall summarize the pre - development drainage patterns for all basins contributing flow to, on, through, and from the site. The narrative shall identify and discuss all existing on -site and/or off -site drainage facilities, natural or constructed, including but not limited to Natural Drainage Ways (described in the 2008 Kalispell Stormwater Facility Plan Update, if applicable), conveyance systems, and any other special features (i.e. wetland, streams, rivers) on or near the project; and, • Down -Gradient Analysis: This analysis shall identify and discuss the probable impacts down -gradient of the project site. 19. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA incorporating all the lots within the Valley Ranch project. 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 for each phase. 20. The developer shall work with Eagle Transit to establish bus stop location(s) within the Valley Ranch PUD. The approved bus stop location(s) shall be included on a revised PUD plan and submitted with the preliminary plat of phase 1. Bus stop location(s) shall be improved in accordance with Eagle Transit's requirements, which may include a bus shelter, in the respective phase the bus stop is located within. 21. Prior to submitting a preliminary plat for phase 2 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. 22. A minimum of two-thirds of the necessary public infrastructure shall be completed prior to final plat submittal for each phase and that both the water and sewer systems serving the phase are operational. 23. The power, phone, natural gas and cable television lines shall be located within the alley right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate 10-foot easement outside of the road right-of-way easement. Exceptions to this must be approved by Public Works Department. 24. Street lighting shall be located within the development and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. 25. 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. The development agreement shall be submitted with the final plat application of phase 1. 26. Approval of the planned unit development shall be valid for a period of two years from the date of approval with the possibility of a one-year extension to be granted by the city council. Within this time, the developers shall obtain approval of a preliminary plat for the first phase of the project. When a preliminary plat is submitted and approved for the site the developer will have up to three years to complete the first phase and two years to complete subsequent phases. The Valley Ranch PUD shall expire if, after preliminary plat approval is given, the final plat is not filed within the above stated timeframes. SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS I ST DAY OF DECEMBER, 2008. Pamela B. Kennedy Mayor Theresa White City Clerk