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03. Ordinance 1524 - Initial Zoning - Mountain Vista Estates - 1st ReadingORDINANCE NO. 1524 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED AS PARCELS A & B OF CERTIFICATE OF SURVEY # 16084 IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-20, AGRICULTURAL AND SAG-10, SUBURBAN RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Touchstone, LLC, 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 R-2, Single Family Residential with a Planned Unit Development overlay on approximately 50 acres of land, and WHEREAS, the property is located on the northeast corner of Three Mile Drive and Farm to Market Road, and WHEREAS, the petition of Touchstone, LLC was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-18 / KPUD-04-7, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-3, Urban Single Family Residential with a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 11, 2005, and recommended that the initial zoning he City R-2, Single Family Residential with a Planned Unit Development overlay, upon annexation to the City of Kalispell, and ''WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Single Family Residential with a Planned Unit Development overlay, the City Council finds such initial 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 amended findings of fact of TCPO as set forth in Staff Report No. KA-04-18 / KPUD-04-7. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION L 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-2, Single Family Residential with a Planned Unit Development overlay on approximately 50 acres. 1 SECTION II. The Planned Unit Development proposed by Touchstone, LLC upon the real property described in Exhibit "A", attached hereto, incorporated herein, and thereby made a part hereof, is hereby approved, subject to the following conditions: 1. 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 anyadditional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat). 2. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuanee of a building permit. 3. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell 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). 4. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and. Montana Department of Transportation. 5. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee). b. 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). 7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be 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. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19). 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 the 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) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-5. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for constriction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. 10. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section. 3.04). 11. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm. to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) 12. 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). 13. 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 five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works Department) 15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works Department), 16. That the covenants and homeowners by-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the SPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and / or sewage treatment systems. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 18. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 22. A note shall be placed on the face of the final plat which waives protest to the creation of a s ecial improvement district for Lipgrade of roads in the area to CiIY standards which are impacted by this subdivision. 23. The lots within the development be amended to coMlY with the size dimensional and size requirements of the R-2 zoning _district. 24. 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. 25. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as M each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). 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 I.Y. This Ordinance shalt 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 22ND DAY OF FEBRUARY, 2005. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor 0