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4. Ordinance 1518 - Initial Zoning - Aspen Creek Subdivision - 2nd ReadingREPORT TO: SUBJECT Tri-City Punning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity rr:centurytel.net www. tricityplanning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Jaynes H. Patrick, City Manager Second Reading for Zoning Designation of R-2 / PUD _.. Aspen Creek Subdivision MEETING DATE: December 20, 2004 BACKGROUND: This is the second reading on a request for an initial zoning designation of R-2 / PUD, a single family residential zoning district with a Planned Unit Development overlay on approximately 20 acres. Filed concurrently with the annexation and initial zoning designation was a request for preliminary plat approval of Aspen Creek Subdivision. The property is located northwest of Kalispell on the south side of Three Mile Drive and approximately one quarter mile west of Stillwater Road. The Kalispell City Council approved the first reading of this ordinance along with the preliminary plat for the subdivision at their regular meeting of December 6, 2004. RECOMMENDATION: A motion to approve the second reading for the zoning and PUD overlay subject to conditions would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wilson t� ames H. Patrick Senior Planner City Manager Report compiled: December 16, 2004 c: Theresa White, Kalispell City Clerk TRANSMIT\ KALISPEL\ 2004 \KA04 -14 KPUD04-6MEM2 Providing Community Planning Assistance To: City of Kalispell • City of Whitefish • City of Columbia Falls ORDINANCE NO. 1518 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 ON EXHIBIT "A", LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL) 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, Douglas Johnson, 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 20 acres of land, and WHEREAS, the property is located on the south side of Three Mile Drive and west of Stillwater Road, and WHEREAS, the petition of Douglas Johnson was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-14 / KPUD-04-6, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-2, Single family Residential with a Planned Unit Development overlay as requested by the petition, 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 Count Commissioners Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-04-14 / KPUD-04-6. 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 R-2, Single Family Residential with a Planned Unit Development overlay on approximately 20 acres, SECTION II. The Planned Unit Development proposed by Douglas Johnson 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: 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) I 2. That the proposed deviation from zoning setbacks from 10 feet on the sides to five feet on the sides be applied to Lots 1A / 1 B through Lots 10A / IOB. Lots 37A /37B shall have a five foot setback from the west boundary and a 15 foot setback for the primary structure and a 20 foot setback for the garage for the property that fronts the street. Lots 1A / 1B through 10A / 1013 shall be allowed a 40 percent lot coverage rather than the 35 percent required in the R-2 zoning district. 3. 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. 4. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for any work or activity along the Spring Creek Channel or a letter from those agencies stating that the scope of work does not require permitting. S. 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). 6. That an easement shall be obtained from the adjoining property owner to the west granting the right to develop the proposed 60 foot right-of-way for road and utility purposes and once completed dedication to the City of Kalispell as a public roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)). 7. 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. 8. 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 Uniform. Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. Additional design information shall be submitted for approval by this department. c. Fire Department access shall be provided in accordance with Uniform. Fire Code (1997) Article 9. d. Secondary emergency access shall be addressed during project phasing as required by this department. e. Emergency vehicle access to the existing 3 structures is indicated via an existing wooden bridge. More information is required related to the adequacy of the bridge structure to support fire apparatus. f. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. 2 9. 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). 10. That the area designated on the plat as "park" shall meet 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. (Kalispell Subdivision Regulations, Section 3.19). 11. 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 Lots 18 and 19. (Kalispell Subdivision Regulations, Section. 3.04). 12. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. The base flood elevation as determined as accepted by FEMA shall be indicated on the final plat. 13. 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. (MDQT) 14. 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). 15. 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 ofutilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the requirement easements are being shown on the final plat. 16. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 17. 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)), 18. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 3 19. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 20. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 21. That the developer correct the covenants to the setbacks to five feet on the sides be applied to Lots I / I B through Lots I OA / I OB. Lots 37A /37B shall have a five foot setback from the west boundary and a 15 foot setback for the primary structure and 20 foot setback for the garage for the property that fronts the street. 22. That there also be a 20 foot rear setback on the southern tier of lots for all structures and this language be included in the covenants. 23. That the southerly 10 foot landscape buffer be landscaped with vegetation not to exceed six feet in height. 24. A note be placed on the face of the final plat that waives protest to the creation of a special improvement district (SID) for the upgrade of roads in the area to City standards which may be impacted by this subdivision. 25. 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. 26. 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 each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04), SECTION 111. 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 20TH DAY OF DECEMBER, 2004. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor N