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4. Ordinance 1599 - Planned Unit Development Overlay - Resubdivison of Lot 1 of Minor Sub Plat No 117 - 2nd Reading-0 City of Kalispell Planning Department 17 - 2nd Stream East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 75 I -1850 Fax: (406) 75I-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROIC Sean Conrad, Senior Planner .James H. Patrick, City Manager SUBJECT: Second Reading - The Resubdivision of Lot 1 of Minor Subdivision Plat Number 117, Planned Unit Development (PUD) overlay district IdEETING DATE; February 20, 2007 BACKGROUND: This is the second reading on a request for a PUD overlay zoning district on a 4 acre property. The property is located on both the east and west sides of Denver Avenue at 60 Denver Avenue. It can be described as Lot 1 of Minor Subdivision Plat Number 117 located in the NW 1/4 of Section 19, Township 28 North, Range 21 West. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of February 5, 2007. RECONMWNDATION: A motion to approve the second reading of the ordinance for the PUD overlay zoning district would be in order FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully s 'tted, Sean Conrad es H. Patrick Senior Planner City Manager Report compiled: February 18, 2007 c: Theresa white, Kalispell City Clerk Return to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO, 1599 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING- ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS THE RESUBDIVISION OF LOT 1 OF MINOR SUBDIVISION PLAT NUMBER 117, AND THE ADJACENT STREET DENVER AVENUE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, CURRENTLY ZONED CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL) AND ADDING A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Janet Cahill, the owner of the property described above, previously petitioned and received approval from the City of Kalispell zoning the above described tract of land R-3, Urban Single Family Residential, and WHEREAS, the owner is now requesting that a Planned Unit Development overlay the R-3 zoning, and WHEREAS, the property is located on both the east and west sides of Denver Avenue at 60 Denver Avenue, and WHEREAS, the petition of Janet Cahill was the subject of a report compiled by the Kalispell City Planning Office, Staff Report #PUD-06-08, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be overlaid with a Planned Unit Development, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 9, 2007, and recommended that a Planned Unit Development be overlaid on the property, and WHEREAS, after considering all the evidence submitted on the proposal to overlay the property with a Planned Unit Development, 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 76-3-605, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of the Kalispell Planning Department as set forth in Staff Report No. KPUD-06-8. 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-3, Urban Single Family Residential, with a Planned Unit Development overlay on approximately 4 acres. SECTION II. The Planned Unit Development proposed by Janet Cahill upon the real property described above is hereby approved, subject to the following conditions: PUD Conditions 1. The Planned Unit Development allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning ordinance: A. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), requiring sidewalks on both sides of the access roadway into the subdivision up until the required "T" turnaround for the fire department. Striping shall be used across the turnaround area showing the pedestrian travel way. ADA access ramps shall be utilized in the overall design of the sidewalks within the subdivision. B. Kalispell Zoning ordinance, Section 27.06.040 (1) a minimum lot size of approximately 5,630 square feet for lot 6 and 6,643 square feet for lot 5. 2. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 3. 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 (PUD) Zoning for the site. Subdivision Conditions General Conditions: 4. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 5. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Prior to final ... plat: 5. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. In addition to the new City street within the subdivision Denver Avenue, as it fronts the subdivision, shall be improved to the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. (Kalispell Design and Construction Standards) 7. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) S. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater 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 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) 9. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 10. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) l 1. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-5. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. 12. The decking associated with the building on lot 4 shall be brought into compliance with regards to setbacks. (Findings of Fact, Section G) 13. All buildings on the preliminary plat designated as being removed shall be removed as well as the associated foundations. (Preliminary Plat) 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). 15. The area designated on the plat as "park" shall be dedicated to the City of Kalispell. (Findings of Fact, Section D. Parks and open Space) 16. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard and placement of any other kind of materials is prohibited unless approved by the Kalispell Department of Parks and Recreation." 17. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades to Denver Avenue." (Findings of Fact, Section D, Roads) 18. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 19. An easement shall be dedicated to the City of Kalispell on lot 7 large enough to accommodate an approved turnaround for emergency vehicles. (Findings of Fact, Section D, Roads) 20. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 21. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 22. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) 23. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) On goim4 conditions: 24. All utilities shall. be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 25. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 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 20TH DAY OF FEBRUARY, 2007.