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03. Ordinance 1535 - Initial Zoning - Granary Ridge Townhomes - 2nd ReadingTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 5"01 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Second Reading on the Granary Ridge Townhomes - Initial Zoning Designation of R-4 / PUD MEETING DATE: May 16, 2005 BACKGROUND: This is the second reading on an initial zoning designation of R-4, Two Family Residential, with a Planning Unit Development (PUD) overlay. The first reading of the ordinance was approved at the regular city council meeting of May 2, 2005, The associated preliminary plat for the Granary Ridge Townhomes, a 16-unit townhouse development, was tabled until this meeting. The PUD and preliminary plat propose S two unit townhouses on the east side of Whitefish Stage Road between Bruyer Way and the Edgerton School access on approximately 2.535 acres. Because the applicant is requesting a private internal roadway that deviates from the City of Kalispell's Design and Construction Standards for local roads, a planned unit development has also been proposed with the preliminary plat and initial zoning request. As a follow-up to the regular meeting of the city council on May 2, 2005, the council held a work session. on Monday, May 9, 2005 to discuss the issues related to the project. Essentially, the unresolved issues related to the project were the slope stability to the east of the site, the proposed internal access road that would be private and deviates from typical City standards, access to Whitefish Stage Road and, to some extent, the density of the project. In considering this project, it was noted at the work session that the conditions of the PUD and preliminary plat need to be consistent. The annexation., initial R-4 zoning and PUD were approved at the May 2, 2005 meeting with the PUD being subject to conditions. Should the city council determine that amendments to the conditions associated with the PUD and preliminary plat are warranted, the changes should be the same on both the ordinance for the PUD and the resolution for the preliminary plat. The staff has attempted to distill the issues that were discussed and to bring consistency to both the PUD and preliminary plat. Changes to the PUD that were made during the first reading were: 1. A geotechnical study of the slope shall be conducted prior to the issuafw a b+i4ding permit final plat. submittal demonstrating its stability as a building site. Providing Community Planning Assistance To: • City of Kalispell . City of Whitefish • City of Columbia Falls Granary Ridge Townhomes - PUD and Initial Zoning May 11, 2005 Page 2 Changes made to the preliminary plat prior to the plat being tabled are as follows: 1. The internal road profile shall comply to City standards. The boulevard shall be landscaped in accordance with a plan approved by the Kalispell Parks and Recreation Department. The read profile shall eonsist of a 24 feet wide roadway, if the city council decides to amend conditions on either the PUD or the preliminary plat, the conditions should be the same for both. RECOMMENDATION. Amendments to the second reading of the ordinance for the PUD may be appropriate to reflect the issues identified and discussed by the council. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. Wilson Senior Planner Limited positive impacts once fully developed. As suggested by the City Council. Report compiled: May 11, 2005 c: Theresa White, Kalispell City Clerk TRANSMIT\ KALISPEL\2005\KA05--5 KPUD-5-2 EM2 tarries H. Patrick City Manager ORDINANCE NO. 1535 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOTS 3 AND 4 OF SUBDIVISION #1150 AND ASSESSOR'S TRACT 5C IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY RA-1, RESIDENTIAL APARTMENT) TO CITY R-4 (TWO FAMILY RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Valley Venture 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 RA-1, Low Density Residential Apartment with a Planned Unit Development overlay on approximately 2.5 acres of land, and WHEREAS, the property is located on the east side of Whitefish Stage Road between Brayer Way and the Edgerton School access, and WHEREAS, the petition of Valley Venture, LLC was the subject of a report compiled by the Tri- City Planning Office, Staff Report KA-05-5 I KPUD-05-2, in which the Tri-City Planning Office 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 April 12, 2005, and recommended that the initial zoning be City R-4, Two 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-4, Two 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 findings of fact of TCPO as set forth in Staff Report No. KA-05-51 KPUD-05-2, 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 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-4, Two Family Residential with a Planned Unit Development overlay on approximately 2.5 acres. SECTION II. The Planned Unit Development proposed by Valley Venture, LLC upon the real property described above 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 any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. That covenants, conditions, and restrictions for the subdivision shall reflect a provision for the maintenance of common areas and the private internal roadway that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the easement and shall be 20 feet in the front and ten feet in the rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. (Site Development Review Committee) 3. At the time of final plat a provision shall be made for the pro-rata share of ownership of the common area for taxation purposes. 4. 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 issuance of a building permit. (Site Development Review Committee) 5. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations with the exception of the roadway as further enumerated below. 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). h. The internal roadprofile shall comply..to..Citv standards. The boulevard shall be landscaped in accordance with a 121an approved by the Kalispell Parks and Recreation Department. The pfafile shall consist ef a 24 fee ide r-oa&h,ay, two feet eur-b and gtwef, a five feet betilevar en the easte-r-n boundafy of the aeeess read aiid a five feet sidewalk aE�einiflg the five fee bird. T That a minimum 10-foot buffer shall be established along the north boundary of the development to provide screening and buffering for the property to the north. 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 and the Parks and Recreation Department. 8. The proposed berming and landscaping along Whitefish Stage Road shall be reviewed and approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffering and landscaping. The landscape materials shall consist primarily of living green plant, grasses and shrubs. 9. The proposed pedestrian access at the northwest corner of the site shall connect with the internal sidewalk and shall be of concrete construction. A crosswalk shall be installed from this pedestrian path across Whitefish Stage Road that is coordinated and approved by the Montana Department of Transportation, Flathead County Road Department and Kalispell Public Works Department. 10. That a ten foot right of way reservation for future acquisition for the upgrade of Whitefish Stage Road shall be indicated on the face of the final plat. 11. 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 10-8. f. Street naming shall be approved by the fire department. 12. 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). 13. That the parkland requirement of 11 percent of the area in lots which is 2.13 acres and is equivalent to 0.2343 of an acre small be met through cash in lieu of parkland. The cash in lieu of parkland shall be based on $45,000 per acre and is equivalent to $10,544. (Kalispell Subdivision Regulations, Section 3.19). 14. The private internal roadway 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. (Kalispell Subdivision Regulations, Section 3.09). 15. That a note be placed on the face of the final plat that waives protest to the creation of any special improvement districts for the upgrade of roads in the area to City standards which may be impacted by this development. 16, A geotechnical study of the slope. shall be conducted rior to final plat submittal demonstrating its stability as a building site. (Kalispell Planning Board) 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. 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. 23. 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. (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 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 GTH DAY OF JUNE, 2005. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor