Loading...
03. Ordinance 1583 - Initial Zoning with a PUD Overlay - The Meadows, Inc - 1st ReadingRem to. Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE No, 1583 AN ORDINANCE TO AMEND N SECTION 27.02,010, OFFICIAL ZONING MAP, CITY OF KALISPE L ZONING ORDINANCE'(ORDINANCENo. 1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 4LOCATED IN SECTION I, 'TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M,, FLATHEAD COUNTY, MONTA,NA (PREVIOUSLY ZONED COUNTY SAG -I , SUBURBAN AGRICULTURAL) To CITY R- (TWO FAMILY RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND To PROVIDE AN EFFECTIVE DATE, WHEREAS', The Meadows, Inc., the owner oft e property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land e zoned R4, Two Family Residential, with a Planned Unit Development overlay on approximately 14. 5 acres of land, and WHEREAS, the property is approximately 400 feet west of the intersection of Four Mile Drive and North. Haven Drive, and WHEREAS, the petition of The Meadows, Inc., was the subject of a report compiled by the Kalispell City Planning office, Staff Report #KPUD-06-04, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential, with a Planned Unit Development overlay, and WHEREAS, the Kalispell City planning Board held a public Hearing on the matter on August 8, Zoo , and recommended that the initial zoning be City R-4, Two Family Residential with a Planned Unit Development overlay, and WHER-EAS., after considering all the evidence submitted on the proposal to zone the property as described R-4, Two Family Residential with a planned Unit Development overlay, the City Council fads such zoning to be consistent with the Kalispell Growth policy 02 0 and adopts, based upon the criterion set forth 'in Section 7 6 - 3 - , M.C.A., and State., Etc. v. Board of County Commissioners Etc. 590 P2d o � the findings s of fact of the Kalispell Planning Department as set forth In Staff Report No. KPUD-o -- . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of KALISPELL, AS FOLLOWS: SECTION 1. Section 2 7.0 .010, of the official Zoning Map of the Kalispell Zoning Ordinance,(Ordinance No. 1 o is hereby amended by designating the property described above as R-- , Two Family Residential with a Planned Unit Development overlay on approximately 1 . 5 acres. SECTION 11, The Flamed Unit Development proposed by The Meadows, Inc. upon the real property described. above is hereby approved, subject to the following conditions General Conditions: 1.. That the development of the site shall be in substantial compliance with the following plans: • PUD plan and phasing plan dated --o • Building elevations submitted with application on --o • Cross section view of buildings 3, 12, 10 and 18 submitted with application. o7-3-06 • Detailed landscape schematic plan for buildings 17, 18 and 19 dated 7-31-0 • Detail retention area enclosure dated 7- 3 -; and materials and other specifications as well as any additional conditions associated with the IUD as approved by the City Council. 2. Prior to issuance of a building permit each building within the development shall be freestanding with regards to utilities and infrastructure being in place or bonded for to serve the individual building. Bonding for utilities and infrastructure shall not exceed % for the individual building. Prior to the issuance of a certificate of occupancy for each building all infrastructure and landscaping immediately adjacent to the building shall be in place to serve the individual unit. The infrastructure shall be certified by an engineer licensed in the State of Montana and where appropriate accepted by the City of Kalispell. . The clubhouse, trail system and. hutting green shall be completed as part of Phase I of the development. The clubhouse shall be approximately 4,000 square feet and provide for an indoor assembly area and recreational activities as indicated on the application materials. . Prior to issuance of a building permit for buildings 8, 17, 18 and 19 a dross section shall be provided to the planning department showing the maximum building height to :not exceed a height off 21 feet as measured from the southemproperty boundary immediately adjacent to the individual building sites.. 6 development s permitted one ' 1 o' entry monument t sign made o stone and wood . The elements used in the design of the buildings. The sign shall be located in the vicinity of the main entrance o the development. Prior to installing the sign, 't shall e reviewed and approved by the Kalispell Architectural Review Committee. 7. Street lighting shall be located within the development and shall have a full cutoff leas so that it does not intrude unnecessarily onto adjoining properties, 8. Approval of the planned unit development shall he valid for a period of four years from the date of approval. Prior to issuance of any building permit for Phase L. . New infrastructure required to serve the development shall he designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montw a Public Works Standards; and shall he certified by an engineer licensed in the State o Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting., street signage,, curb, fitter, and sidewalks. In addition to the streets within the development Four Mile Drive, as it fronts the development, shall he improved to the City of Kalis e l's Standards for Design and Construction and Montana Public Works Standards. 10. The developer shall submit to the Kalispell Public Works Department an engineered drainage plan that meets the requirements of the current City standards for design and construction. .l . A letter from the Kalispell Public Works Department shall he submitted stating that all new infrastructure along Four Mlle Dave and water and sever lines located within the development have been accepted by the City of Kalispell. 12. Easements for water and sever lines shall be dedicated to the City of Kalispell and shown on the approved utility plans. The easement widths shall meet the requirements of the Kalispell Public Works Department. 13, The following requirements shall he met per the Kalispell Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum re flows shall he in accordance with InternatIonal Fire Code Zoo Appendix B. t Fire hydrants shall he provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall he provided in accordance with International Fire Code Zoo Chapter 5. 1 . The developer shall submit a copy of the traffic impact study to the Montana Department o Transportation for a systems impact review. Any necessary improvements required from the Montana Department of Transportation to mitigate impacts of the development on the highway system shall be completed. 15. A final landscape design shall be submitted to the planning department and parrs and recreation department for review and approval. 16. The PUD plan shall be revised to show -boot wide sidewalk adjacent to the street fronting buildings 6, 7, 8, 17, 18 and 19. The PUD plan shall also be revised to provide for minimum 20-foot setback from the edge of the sidewalk to the garage door for all of the units. Note: The implementation of these conditions may result in the loss of units within the PU . 17. That covenants, conditions, and restrictions for the development shall be provided that include a provision for the maintenance of the private roads within the development, notification snow removal of the sidewalks adjacent to the roads and sidewalk adjacent to Four Mile Drive and include the maintenance and upkeep of the boulevard along; Four Mile Drive. 1 The private roads within the development shall be named and signed In accordance with the policies of the Kalispell Public Worts Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. 19, 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 mall delivery site shall be installed or bonded for prior to construction of buildings in Phase I. In addition, the nail delivery site and improvements shall also be included in the plans to be reviewed by the Public Worts Department. 20, 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 U zoning for the site. n going .ditir�s . . .... ....... MM.M. x .�.,� 21. All utilities s hall be installed under road. 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 23. Hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 1 -. 2 . The ro owners shall I the n t t rot t . future specialimprovement district for the up e of Four Mile r'. 25. A letter shall be prepared City staff and signed the City Council requesting the Montana rtm t of Transportation to study the intersection of Highwgy 93 and Four Mile .drive to deten-nine the intersections s .d .e to handle the increase in traffic from this development and other developments omposed along Four Mile Drive. SECTION 111. The balance of Section 27.02.0101, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in ill 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 5TH DAY OF SEPTEMBER, 2006. Pamela . Kennedy Mayor Therese. White City Clerk