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3. Ordinance 1583 - Initial Zoning with a PUD Overlay - The Meadows, Inc - 2nd ReadingREPORT TO: FROM* City of Kalispell Planning Department Kalispell Mayor and City Council Thomas R. Jentz, Director James H. Patrick, City Manager d Street East, Suite .2011 Kalispell, Montana 59901 Telephoner (406) 75 - 1 5 .fax* (406) 7 SUBJECT Second Reading - The Meads, Inc. - Irfitial Zoning of R--, Two -Fly Residential with a Planned Unit Development Overlay G ATE: September 18, 2006 BACKGROUND: This is the second reading on a request for an initial zoning designation of R- , Two Family Residential, with a Planned Unit Development Overlay upon annexation to the City of Kalispell. The property contains 14.65 acres and is located on the south side of Four Mile Drive, approximately 400 feet merest of the intersection of Four Mlle Dr ve and North Haven Drive. It is intended to be developed as a residential tiaplanned .r t development 1 with 138 condominium units, The Kalis eU City Council approved the first rea .gig of the ordinance at their regular meeting September 5, 2006. REC MWNDATIO `: A motion to approve the second reading of the ordinance for I nitial zoning of R-4/PUD would be in order. FISCAL EFFECTS: Nits positive impacts once fully developed as noted in the cost of services plan. LTER WES. `l As suggested by the city council. Res ect u y submitted, g Thomas R. Jentz Director Report compiled: September 6, 2006 c: Theresa White, Kalispell City Clerk r e . �at ck City Manager Return to: Theresa White Kalispell City Clerk o Box 199 Kalispell, MT 59903 ORDNANCE N. 1583 AN ORDINANCE To AMEND SECTION 27.02,010, OFFICIAL ZONING MAC', CITY O KALISPELL ZONING ORDINANCE, (ORDINANCE No. 14 Y ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 4 LOCATED IN SECTION 11 TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MOO AAA (PREVIOUSLY ZONED COUNTY SAG-I.0, S J URBAN AGRICULTURAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT ov RIAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 20209 AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, The Meadows, 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 -41 Two Family Residential, with a Planned Unit Development overlay o approximately 14.65 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 KPU -0 -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 fatter on August 8, Zoo , and recommended that the initial zoning be City R-4, Two 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 -4, Two 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 -3- o , M.C. .., and State Etc. v. Board of Count Commissioners Etc. 590 P2d 602, the findings of fact of the Kalispell planning Department as set forth in Staff Report No. KPU -0 -4. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the official Zoning Map of the 'Kalispell Zoning Ordinance, ordinance No. .40 is hereby amended by designating the property described above as R-4, Two Family Residential with a Planned Unit Development overlay on approximately 14.65 acres. SECTION 11. The Planned armed Unit Development rent proposed by The Meadows, lnc. upon the real property described above is hereby approved, subject to the following conditions. - General Conditions: . That the development of the site shall be in substantial compliance with the following plans: • UD plan and phasing plan dated -3-0 • Building elevations submitted with application on -3-0 o Cross section view of buildings 3, 12, 10 and 18 submitted with application on -3-0 • Detailed landscape schematic plan for buildings 17, 18 and 19 dated -31-06 • Detail retention area enclosure dated 7-31- ; and materials and other specifications as well as any additional conditions associated with the PIED as approved by the City Council. . 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 35 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 Montanan and where appropriate accepted by the City of Kalispell. 4. The clubhouse, trail system and putting green shall be completed as part of .phase I of the develope L The clubhouse shall be approximately 4,000 square feet and provi nde for an indoor assembly area and recreational activities as indicated on the application materials. 5. Prior to issuance of a building permit for buildings 8, 17, 18 and 19 a cross section shall be provided to the planning department showing the maximum building height to not exceed a height of 2-5 211 feet as measured from the southern property boundary immediately adjacent to the individual building sites.. . The development is permitted one " x 10' entry monument sign made of stone and wood elements used in the design of the buildings. The sign shall be located in the vicinity of the main entrance of the development. Prior to installing the sign, it shall be reviewed and approved by the Kalispell Architectural Review Committee. '. 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. . Approval of the planned unit development shall be valid for a period of four years from the date of approval. Prior to issuance o n buildxn emit for Phase . New Infrastructure required to serve the development shall be designed and constructed in accordance with the City of Kalispell" s Standards for Design and Constriction and Montana Public Forks Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved ed by the Kalispell Public Forks Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, and sidewalks. In addition to the streets within the development Four Mile Drive, as it fronts the development, shall be improved to the City of Kai speii'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. .1. A letter from the Kalispell Public works Department shall be submitted stating that all new infrastructure along Four Mile Drive and water and sewer lines located within the development have been accepted by the City of Kalispell. 12, Easements for grater 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 be met per the Kalispell Fire Department: a. Water wins designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Intemational Fire Code 2003 Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. . Fire Department access shall be provided in accordance with International Fire Code (2003)Chapter 5. 4t The developer shall submit a copy of the traffic impact study to the Montana Department of 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 5-foot wide sidewalks adjacent to the street fronting buildings 6, 7, 8, 17, 18 and 19. The PUD plan shall also be revised to provide for a minimum 2 -foot setback from the edge of the sidewalk to the garage door for all of the .its. Note: The implementation of these conditions may result in the loss of units within the PU. '. That covenants, conditions, and restrictions for the development s.all be provided that include a provision for the maintenance of the private roads within the development, notification of snow removal of the sidewalks adjacent to the roads and sidewalk adjacent t Four Mile Drive and include the maintenance ce and upkeep of the boulevard along Four Mile Drive. 18. The private roads within the development 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. 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 1. 1n addition, t.he mail delivery site and improvements en.ts shall also be included in the plans to be reviewed by the Public Works 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 .goinszcdit'os: 21, All utilities shall be installed underground. 22. All areas disturbed during development shall be re -vegetated with a geed -free mix immediately after development. 23. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 1.0-8. 2 . The-provertv owners shall waive their ri lit to protest a future Tecial improvement district for the upgrade of Four Mile Drive. 25. A letter shall re ared C t staff and � tie ..... ...��t Council � t� tl�e Montana Department of Transportation to study the intersection of Rij4huKqj 3 and Four Mile Drive to determine the intersections adequacy to handle the increase in traffic from this develo meat and other developments proposed 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 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 THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY Y of KALISP LL, MON ANA, THIS 18TH DAY of SEPTEMBER, Zoo . Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk