Loading...
3. Ordinance 1548 - Planned Unit Development - Westwood Park - 2nd ReadingREPORT TO: FROM: SUBJECT City of Kalispell Planning nPn5irtmont 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Pax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Thomas R. Jentz, Director James H. Patrick, City Manager Second reading - Westwood Park Planned Unit Development - RA- 1 / PUD at the Northern Terminus of Corporate Drive MEETING DATE: August 15, 2005 BACKGROUND: This is the second reading of an ordinance regarding a request by West Wood Hope Partnership for a Planned Unit Development zoning overlay on property zoned RA-1, Low Density Residential Apartment. The PUD will be known as Westwood Park and proposes 32 dwelling units on approximately 8.97 acres. The development consists of a mix of two family and three family dwellings that would be developed as townhouses for individual ownership. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of August 1, 2005. RECOMMENDATION: A motion to approve the second reading of the ordinance for the planned unit development would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Positive impacts once fully developed. As suggested by the City Council. Thomas R. Jentz ��es.Patrick Director City Manager Report compiled: August 3, 2005 c: Theresa White, Kalispell City Clerk ORDINANCE NO. 1548 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ADDING A PLANNED UNIT DEVELOPMENT OVERLAY ON PROPERTY CURRENTLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 2CK, 2CH AND 2CE LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020 AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Bill Rice and Craig and Connie Denman, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned RA-1, Low Density Residential Apartment, be amended to include a Planned Unit Development overlay on approximately 9 acres of land, and WHEREAS, the property is located at the northern terminus of Corporate Way between Two Mile Drive and Highway 2 West, and WHEREAS, the petition of Rice and Denman was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KPUD-05-4, in which the Tri-City Planning Office evaluated the petition and recommended that the zoning on the property as described above be amended to include a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held Public Hearings on the matter on June 21, 2005 and July 12, 2005, and recommended that a Planned Unit Development overlay be added to the current RA-1 zoning, and WHEREAS, after considering all the evidence submitted on the proposal to overlay a Planned Unit Development on the RA-1 zoning, 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 TCPO m set forth in Staff Report No. KPUD-05-4, as amended by the Kalispell City Planning Board. 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 RA-1, Low Density Residential Apartment with a Planned Unit Development overlay on approximately 9 acres. SECTION H. The Planned Unit Development proposed by Rice and Denman upon the real property described above is hereby approved, subject to the following conditions: 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 PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Flat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. An engineered stormwater management plan shall be developed which utilizes on site retention methods and insures that adjoining properties will not be impacted by stormwater runoff, snow melt or surface water. 5. Front yard setbacks for the townhouses that have garage access directly along the right of way shall right-of-way insure a minimum distance of 20 feet between the garage and the sidewalk and would apply to Lots 11, 12 and 13.. This would not apply to townhouses that have some other provision for handling access and on site parking. (Kalispell Planning Board) 6. A minimum 20 foot rear setback shall be maintained between the buildings and the exterior boundaries of the subdivision. 7. That covenants, conditions, and restrictions for the subdivision shall be provided that include a provision for the private conservation and maintenance of common areas as well as compliance with the approved planned unit development elevation drawings, treatments and other architectural elements. 8. A note on the face of the final plat shall be provided for the pro-rata share of ownership of the common area for taxation purposes. 9. Townhouse lots within the subdivision shall be identified by a lot number and letter such as Lot 1A, 1B or 1 C rather than being numbered sequentially as shown on the preliminary plat. 10. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the creek channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD I DNRC) 11. That a minimum 10-foot buffer shall be established between the western internal roadway and Greenbriar Subdivision to provide screening and buffering between the road and these houses. This shall be in the form of berming, fencing or landscaping or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department, the Parks and Recreation Department and the homeowners in Greenbriar Subdivision to the west. 1.2. The following requirements shall be met per the Kalispell 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. Secondary emergency vehicle access shall be provided in accordance with International Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-5. f. Street naming shall be approved by the fire department. 13. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 14. That the areas designated on the plat as common shall meet the requirements for parkland dedication provided they are developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. A letter shall be submitted with the final plat stating that the common areas have been developed in accordance with the approved park development plan. (Kalispell Subdivision Regulations, Section 3.19). 15. That a detailed flood study be completed determining the exact location of the floodway. No fill, development or other disturbance of soil or vegetation shall be allowed within the floodway. The location of the roadways and bike path / secondary emergency access shall be relocated so that no fill, development or disturbance of vegetation occurs in the 100 year floodplain unless otherwise absolutely required. Any work, development or fill in the 100 year floodplain shall be kept to a minimum and shall be directly related to providing secondary emergency access for the subdivision of the north approximately 400 feet of the bike /and pedestrian path / emergency access road. It is anticipated that this may result in the reconfiguration and / or lass of lots within the subdivision. 16. A floodplain development permit shall be obtained from the Kalispell Floodplain Administrator for any limited but necessary work to be performed within the 100 year floodplain. 1.7. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards which may be impacted by this development. 18. That a letter be obtained from the Kalispell Public Works Department stating that the proposed emergency accesses onto Cooper Lane has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 19. The roads 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). 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. 21. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (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. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.1.7). 24. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 25. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 26. That an easement agreement be obtained for the secondary emer enc access across the private property to the east that encompasses the nature and intent of the proposed roadway. 27. 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. 28. That preliminary plat approval for the planned unit development shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION Ill. 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 KAL.ISPELL, MONTANA, THIS 15TH DAY OF AUGUST, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk