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