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5. Ordinance 1504 - Initial Zoning - Bowser Creek Estates - 2nd Reading' .. _' • FROM: SUBJECT Tri City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading - Russell Purdy / Bowser Creek Estates Initial Zoning Designation of R-2 / PUD MEETING DATE: July19, 2004 BACKGROUND: This is the second reading of an ordinance assigning an initial zoning designation of R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 30.768 acres upon annexation. Filed concurrently with the annexation and initial zoning designation was a request for preliminary plat approval of Bowser Creek Estates that has 54 detached single family lots and 42 two unit townhouse lots along with two neighborhood commercial lots. The property is located northwest of Kalispell on the southwest corner of Three Mile Drive and Stillwater. The Kalispell City Council approved the first reading of the ordinance along with the preliminary plat and resolution for annexation at their regular meeting of July 6, 2004. RECOMMENDATION: A motion to approve the second reading of the ordinance would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, 6Y� - 2'a' 1. Narda A. Wilson Senior Planner Minor positive impacts once fully developed. As suggested by the City Council. Report compiled: July 14, 2004 c: Theresa White, Kalispell City Clerk TRANSMIT\KALISPEL\2004\KA04-5MEM2 #r YV' L3�l�tJ i � Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish - City of Columbia Falls ORDINANCE NO.1504 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 2S NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-2, 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, Russell J. Purdy, 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 31 acres of land, and WHEREAS, the property is located at the southwest corner of Three Mile Drive and Stillwater Road, and WHEREAS, the petition of Russell J. Purdy was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-11 / KPUD-04-5, 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 County Commissioners, Etc. 590 P2d 602. the findings of fact of TCPO as set forth in Staff Report No. KA-04-1 I / KPUD-04-5. 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 31 acres. SECTION H. The Planned Unit Development proposed by Russell J. Purdy 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 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 be amended to reflect the components of this subdivision and submitted for review and approval by the Kalispell Site Development Review Committee that includes architectural standards for both the residential and commercial components of the project, aprovision for the conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. The covenants, conditions and restrictions shall also create a provision for architectural review prior to the application and issuance of a building permit from the City of Kalispell. (Site Development Review Committee) 3. The commercial component of the subdivision shall not be developed until a minimum of 50 percent of the subdivision has been occupied by the residents. Additionally, the architecture shall be of a generally residential character with particular attention given to internal access, low level lighting, adequate landscaping, unobtrusive signage and limited hours of evening operation_ The commercial component may contain one or more parcels but may not exceed one acre in size. (Site Development Review Committee) 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 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 Spring Creek Channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD f DNRC) 6. 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. 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). 7. That an easement shall be obtained from the adjoining property owner to the east granting the right to develop the proposed 60 foot right-of-way for road and utility purposes and once completed dedicated to the City of Kalispell as a public roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)). 2 8. 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 bemung 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. MDOT shall determine other impacts on Three Mile Drive resulting from this development and the property owner shall comply with all requirements of the Department to mitigate such impacts. 9. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 320). 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. c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. d. Secondary emergency vehicle access shall be provided at Phase IV meet the requirements of the Subdivision Regulations (Section 3.08) and emergency vehicle access needs. e. Due to project phasing it should be noted that hazardous weed abatement will be required in accordance with City of Kalispell Ordinance 10-8. 10. 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). 11. 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), 12. That a provision be made for right-of-ways within the development that will allow for the extension of the proposed roadway so that they will provide future access to adjoining properties to the east. (Kalispell Subdivision Regulations, Section. 3.04). 13. 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. 14. That a floodplain development permit be obtained from the City of Kalispell after the FEMA study has been completed and accepted for the proposed creek crossing. 15. Structures be setback a minimum of 20 feet from the established vegetation line of the creek if these areas are determined to be outside the 100 year floodplain. 16. That Lots 14A and B, 15A and B, 16A and B be reconfigured to accommodate single family dwellings. 17. 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) 18. That a 60 foot right-of-way reservation be noted on the final place in the area of lots 24,25 or 26 Phase 2 to provide ingress and egress to the adjoining parcel to the west and to avoid the potential for an additional future access onto Three Mile Drive. 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. (Kalispell Subdivision Regulations, Section 3.09). 20. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 21. 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)). 22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 23. A landscape buffer consisting of a coniferous vegetative screen that height of six feet within three years ofplanting be established on the souther boundary of the development (lots 65-73. (Kalispell Planning Board) 24. Setbacks for the townhouses will be established at five feet between the property boundary and the eave of the building while the setbacks for the single family homes will be established at ten feet between the property boundary and the eave of the building. (Kalispell Planning Board) 25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 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 first phase ofthe 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). 29. The landowner shall execute and submit to the City of Kalispell a waiver of right to protest the implementation of an SID for roadway improvements that benefit the property. This waiver shall be disclosed upon the face of the preliminary plat and shall run with the land. 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 19TH DAY OF JULY, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk