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1. Zoning Text Amendment - Planned Unit DevelopmentsCity of Kalispell Planning Department 17 - 2nd Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751 -1850 Pax: (406) 751-18 5 8 Website: kalispellplanninng.com REPORT TO: Kalispell Mayor and city council FROM: "Tom Jentz, Director James H. Patrick, City Manager RE: Kalispell Zoning Ordinance Text Amendment - Revisions to Chapter 27.21 Planned Unit Development districts (PUD). MEETING DATE: Council Work Session -- November 5, 2007 BACKGROUND: The Kalispell City Planning Board met on October 9, 2007 to consider a proposal to significantly edit and update the Planned Unit Development (PUD) standards of the Kalispell Zoning ordinance. The revisions were prepared by the planning staff as part of the overall staff review and update of the Kalispell Zoning Ordinance. Tom Jentz of the Kalispell Planning Department, presented staff report #KZTA- 07-4 evaluating the revisions to the PUD regulations and recommended approval of the proposal. A brief summary of the amendments are listed below: • El��ninating the requirement that a PUD be limited to a single owner or that it be under single ownership. • Developing 3 levels or choices of application method; a full PUD application as used now, a conceptual application process which would be used for multi -phased or long term build out projects, and a PUD label application where an applicant would commit to using the PUD process but not provide any application materials at this time. * Revising the application materials that should accompany the application to better reflect the needs of the city. • Revising the abandorn nen.t process to practically create a way to sunset PUD projects that have been. abandoned. • Reducing the density bonus in some residential districts to bring them closer into alignment with the underlying residential zone density. The Planning Board has been working on these standards since late spring and they held three public work sessions. In September, a letter with the draft regulations was sent to all of the surveyors, engineers, major developers, and landscape architects in the valley asking for input and comments. Several positive verbal comments were received from various professional offices. No written testimony was received prior to the hearing. At the hearing, Mayre Flowers representing Citizens For a Better Flathead did state that they supported the changes but that they did not go far enough in meeting the changing development pressures in the city. A motion was made and passed unanimously to recommend to the Kalispell City Council that the Kalispell zoning Ordinance be amended as proposed. RECOMMENDATION. Take the revisions under advisement and forward any questions or concerns you may have to the staff at the work session. staff is recommending that the council take formal action on this item at the November 19 council meeting. FISCAL► EFFECTS; Minor positive impacts as it will serve to improve the quality and predictability of PUD development projects in the city of Kalispell. ALTERNATIVES: As suggested by the City council. Respectfully submitted, Thomas R. Jentz Director Report compiled October 30, 2007 ames H. Patrick City Manager Attachments: Staff report #KZTA-07-4 Draft Minutes 10 / 9 / 07 planning board meeting Comments from citizens for a Better Flathead and the Pitkin County PUD regulations. c: Theresa White, Kalispell City clerk 2 MEMORANDUM TO: K�LISPELL CITY PL A.NNING BOARD FROM. CITIZENS FOR A BETTER FI. kTI-1EAD SUBJECT: PROPOSED CHANGES TO THE PLC- NNED UNIT DEVELOPMENT STANDARDS BATE: 1 0/ 17/07 CC: Note: This memo summarizes oral testimony given at the public hearing on this matter on October 9", 2007 CBF has three main areas of concern with the proposed new Kalispell PUD regulations. These include the new regulations failure to address: 0 Public Benefit-, Ensure that the density bonuses provided to the developer under a PUD are justified by providing significant public benefits such as additional open space, access to trams and water bodies, parkland far and above the standard requirement, or permanent/long-term affordable housing. ■ Public Notice: Clarify and provide for a meaningful public notice and process in all types of proposed PUD's including new wavier processes that are proposed. •justification for Si 'f cant Ch es: Provide justification for removing numerous current provisions of the PUD regulations that protect the public and city from unintended consequences of more vague standards. Public Benefit: All city residents are stock holders in the City of Kalispell much like in a corporation in the sense that they invest and pick up the cost over -runs of city government. Density represents a significant public asset that should not be simply "given away" without a reasonable public benefit or a return on the "stock" investment of city residents. This principle is upheld in the criteria developed for administering fair PUD regulations in many progressive communities across the west. We provided you an example from Pitkin County, Colorado as one example of a HUD regulation that includes clear and comprehensive criteria for PUD applications and their review. We offered (and still do) to provide you additional examples, but_ the planning director discouraged us from doing so. We feel that the changes to the PUD regulations strip the regulations of any real public benefit and mare increased density an unjustified gave -away. Public Notice: The new PUD regulations and particularly the waiver process should ilicluu- e a public co��xmenL process and a public appeal proccs5. _i �e� tion ux the PUD regulation should include a clarification of how the public process will be handled as the new regulations sigrLificandy reduce public access to information that is vital to public input in a zone change. Justification for Significant Changes: There was simply little to no justification provided for the following changes: The new standards do not require the application, preliminary plan, or timeline showing the building phases, as is required by the current PUD standards. ■ The new standards allow for a `Concept PUD Application' which does not require developers to submit all relevant information with the application for a PUD. The chapter does not say when this information will be obtained. As in our current regulations, all. pertinent information should be obtained with the application to allow for adequate public oversight. ■ It would allow the following information to be submitted at a .later, unknown date, and consequently would not allow for adequate public oversight: ■ Submission of architectural renderings, building designs, parking lot layouts or landscaping plans ■ Park and open space plans, plans for recreational facilities or common/homeowners facilities ■ Multi -phase projects in which one or more early phases meet the fd PUD application criteria. ■ where a subdivision is required to implement a portion or all of a PUD and the subdivision application does not accompany the PUD application. ■ The new standards allow a project to fall out of compliance with its approved completion schedule one or more times before it's considered abandoned and is converted back to its previous zoning. The current plan states that the city may only grant one extension before a PUD is considered abandoned. Furthermore, the section outlining what constitutes abandonment was also removed, leaving it open to different interpretations. ■ The new standards deleted the (3) Effect of _:-4pproval which states that no building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the plan. This policy ensures that standards set forth in the PUD are complied with. # Standards for PUD, (1) Licatzon of PUD was deleted from die new standards. This policy stated that a PUD shall be located in an area where public and private facilities and services are available or are to become available by the time the development reaches the stage where they will be required. ■ The new standards removed the requirement that a PUD shall be under single ownership, in the (2) Land Area Requ rrment section. This is problematic because if the PUD standards are not met it is much more difficult to address the situation with a number of different owners as opposed to .just one. In addition, it also took out the rest of the paragraph which outlines how to determine whether the miryi -num area requirements for PUD have been met. • Under (2) Establishment a� f`PUD Districts, section (2), of the current standards, the policy that limits what commercial establishments are allowed in a residential PUD district was deleted. This leaves the requirement that "such establishments shalll be so located, designed and operated as to serve primarily the needs of persons within the district" wide open to different interpretations. • Under (2) Establishment of PUD Districts, section (4), of the current standards, the policy that states "no building permit for any convenience commercial establishment shall be issued no may any building be used for convenience commercial establishment before 60% of the dwelling units contemplated have been built and ready for occupancy" was deleted. This policy ensures that the residential portion of the PUD will be built and ensure that the predominant land use character of the district will be residential. + The requirement that the maimurn Permissible budding height be limited to 35 feet was deleted. This policy is important to protect our view, sheds and ensure buildings respect the character and quality of existing communities. In conclusion we recommend that the planning board take additional time to look at other PUD models from other areas and strengthen the proposed PUD regulations with criteria that provides a clear public benefit and standards for the quality of development that the city wishes to encourage. Furthermore we would recommend that the conceptual. PUD option be withdrawn as it fails to provide the public access to information essential to meaningful public comment. University Police and Safety Page i of 1 University Police Contacts Safety Office Contacts Phone:(701) 231-8998 FAX: (701) 231-5334 Phone: (701) 231-7759 FAX: (701) 231-5739 Auxiliary Enterprises, 1523 - 12th Avenue Noah Safety Office, 1801 -15th Avenue North Fargo, ND 58105 Fargo, ND 58105 Ray Boyer, Director - Ray.Boyer@ndsu.edu Ray Boyer, Director - Ray. Bger ndsu.edu Bobbi Ruziska, Police Administrative Coordinator - Stephanie Wegner, Office Manager - Bobbi.Ruziska(c"D,�ndsu.edu Ste phanie.Weqnere ndsu.edu William MacDonald, Captain - VVilliam.MacDonald ndsu.edu Scott Magnuson, Lieutenant - Scott. Magnuson ndsu.edu Vicki Berg, Sergeant - Vicki. Berc@ndsu.edu Mike Borr, Associate Director, EHS - Mike. Bgrr�b-ndsu.edu Jessica M. Jorgensen, Sergeant - Jessica. M.Jar enson ndsu.edu Ted Jirik, Environmental Health Tech - Ted.Jirik_ �ndsu.edu Nlichae! Sanders, Sergeant - Michael. Sanden edu Paul Wymer, Hazardous Materials Tech - _ _ndsu Paul.\Nvmer@ndsu.edu Jim Brun, Officer - J.Brun(Wndsu.edu Chdstopher Mathson, Officer - Christopher. Mathsonndsu.edu Jolean Pederson, Associate Director, PHS - Jolean. Pedersonndsu.edu Thoy McFarland, Officer - Thoy.eunleiidea�gh@ndsu.edu Jennifer Baker, claims Specialist - Jennifer.Baker�ndsu.edu --- Nathan Moen, Officer - Nathan. C.Moen ndsu.edu William Vandal, Compliance Tech - Illlilliam.Vandai@ndsu.edu Robert E. Ruud, Officer - Robert. E.Ruudndsu.edu [Timothy R. Mott, Public Safety Officer - Timothy. Motl(Wndsu.edu Sharon Arechigo, Call Center Supervisor - Sharon .Arechigndsu. edu Marge Freitag, Communications Center Operator - M argaret. Freitag@ ndsu . edu Brian Carpenter, Communications Center Operator -- Brian . Carpenters ndsu .edu E--Mail: $tephanie,Wegnerandsu.edu Stephanie Wegner University Police and Safety 1801 - 15th Avenue North North Dakota State University, Fargo, ND 58105 Phone: 701-231-7759 httn-litvlvtiv_gdst.i_nodak.edu/nd,�ii/`noIlee 10/1717 007 CHAPTE 3; ZONING DISTRICTS 3-70. Special Purpose Districts 3-70-24: T (Tourist) All proposed development, and all major amendments to previous development approvals, shall be subject to the preparation and approval of a Public -Institutional Master Plan pursuant to Sec. 2-40-100. The Public -Institutional Master Plan shall cover the entirety of the property, and shall address all permitted activities/uses on the property. only those uses, activities, and facilities shown on the approved Public -institutional Master Plan shall be permitted. Minor amendments to previous development approvals may be approved by staff pursuant to the Public -Institutional Master Plan procedure in Sec. 2-40 -100. (c) Transferable Development Rights (TDRs) TDRs may not be severed and sold from lands located in the P-1 zone district. TDRs may not be purchased and used in the Pwi zone district from other zone districts. (d) Growth Management Quota System (GMQS) Lands in the P-I zone district are subject to the GMQS (see Chapter 5). 3-70-20: T (TOURIST) (a) Intent The T (Tourist) district is intended to provide for the renovation of existing and construction of new tourist accommodation facilities, including traditional lodges, and to permit small retail outlets to serve persons residing on the site. The range of permitted facilities, and the scale, density, and intensity of facilities permitted in Rural Areas will be lower than those permitted within the urban growth boundaries. (b) Locational Criteria Lands appropriate for the T zone district include those existing tourist -related non-residential facilities located outside or within urban growth boundaries that existed before the 5th of .duly, 2006. Additional lands outside the urban growth boundaries may be rezoned to the T zone district if (i) the principal structures supporting such facility will be grouped into a land area not exceeding one (1) acre in size (although the supporting lands used by patrons of the facility may be much larger), or (ii) the Community Development Director determines that a larger area of principal supporting structures will not significantly impact the rural character of the surrounding area. Additional lands within the urban growth boundaries may be rezoned to the T zone district if they are adjacent to non-residential zone districts. (c) Transferable Development Rights (TDRS) TDRs may not be severed and sold from lands located in the T zone district. TDRs may not be purchased and used in the T zone district from other zone districts. (d) Growth Management Quota System (GMQS) Lands in the T zone district are subject to the GMQS (see Chapter 6). 3-70-30: PLANNED UNIT DEVELOPMENT (PUD) DESIGNATION (a) General A Planned Unit Development (PUD) is a designation attached to a zone district that authorizes flexibility in the manner in which the County may apply certain standards of the underlying zone district to a proposed development. A PUD is approved through a rezoning of the property, and acts as an overlay designation that supplements, but does not replace, the terms of the underlying zone district (i.e., unless modified by the terms of the PIED, all provisions of the base zone district still apply). A PUD may only be approved if the Board of County Commissioners determines that it complies with all those standards applicable to a rezoning in Sec. 2-40-10(c), as well as those additional criteria for approval of a PUD rezoning in Sec. 2-40-50(i). In the event of a conflict between the provisions of an approved PUD and those of the base zone district, the provisions of the PUD govern. Land Use Code Pitkin County Colorado Juiy 2006 Page 27 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-30 Panned Unit Development (PUD) Designation (h) Variations in Standards This section establishes criteria for varying dimensional standards, off-street parking standards, and street standards within a PUD. Standards in Chapter 7 related to Constrained Areas may not be varied. (1) DIMENSIONAL STANDARDS (a) Standards that May be Varied Variations to the following dimensional standards, as set forth in Table 5-1, may be approved if the County determines that the criteria in subsection (c) below have been met. �. Minimum lot area per dwelling unit; 2. Minimum front, side, and rear yard and road setbacks; 3. Minimum lot width; 4. Maximum height of buildings; 5. Maximum permitted floor area of an individual house, provided that the total permitted floor area in all dwellings does not increase; and 6. Minimum usable open space. (b) Overall Densityllntensity of Development Notwithstanding the flexibility provided by subsection (a) above, the overall density or intensity of the development shall not exceed the maximum allowable density or intensity permitted for the property pursuant to Table 5-1. (c) Criteria for Approval The standards listed in subsection (a) above may be varied only if the County determines that the proposed dimensions result in a development that: I. is generally consistent with the scale of surrounding development; 2. Does not significantly reduce sunlight or create significantly increased shadowing of roads, pedestrian paths, or developed residential properties; 3. For any increase in height, is accompanied by increased setbacks along any property line adjacent to single or multi -family uses; 4. Provides protection for the water quality and wildlife habitat in rivers and streams at least equal to that if the dimensions had not been varied; and 5. Provides areas within the PUD allocated for common usable open space. The common open space shall be used and be suitable, for scenic, landscaping or recreation purposes. The common open space shall be protected from future development, and shall be guaranteed to be available for use by residents of the entire property, through a deed restriction or other legal document, acceptable to the County, and recorded with the clerk and recorder of Pitkin County. (2) OFF- S TREE T PARKING STANDARDS 1N URBAN N AREA (a) Standards That May be Marred Within the Urban Area, the off-street parking regulations in Sec. 7-30-20 may be varied if the County determines that the criteria in subsection (b) below have been met. (b) Criteria for Approval The off-street parking standards may be varied only if the County determines that the proposed development: 1. Accommodates the estimated number of cars that will be owned by future occupants and guests of dwellings in a PUD; Land Use Code Pitkin County Colorado Juiy 2006 Page 29 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-30: Planned Unit Development (PUD) Designation amenities, agricultural use, or wildlife habitat value, or water quality protection on the land included in the PUD. (d) The proposed development does not include non-residential uses not permitted in the underlying zone district, and does not permit houses larger than the largest size permitted in the underlying zone district as shown in Table 5-1 . (e) The proposed development conserves the rural character and appearance of the land to the maximum extent practicable when viewed from County rights -of -way and Mate Highways. (f) The proposed development locates any new homes or accessory structures exceeding 5,750 square feet in size (excluding barns) where they are not visible from County rights -of -ways and State Highways, if a practicable alternative site exists. (g) The proposed development minimizes disruption of the land from its natural state. (h) The proposed development minimizes interference with off - site agricultural activities or neighboring uses that support agricultural activities. (1) The proposed development locates access roads and driveways to minimize visibility from County rights -of -way and State Highways. 6f) The advantages to the County of the additional protection of rural lands from development provided by the proposed development significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property. (2) PROTECTION OF OPEN SPACE IN THE URBAN AREA A PUD designed to protect desirable open space in the Urban Area shall only be approved if the County finds that all of the following criteria have been met: (a) The proposed development (i) preserves and if possible enhances unique site features, and (ii) preserves and protects more open lands in their natural state than would be required by the underlying zone district. (b) The proposed development includes adequate open space for the mutual benefit of all residents and tenants of the proposed development, including residents of on -site affordable housing. (c) The proposed development includes adequate provisions for maintenance of common open space, and such provisions shall be included in a signed agreement between the owner and the County. (d) The advantages to the County of the additional protection of desirable open space provided by the proposed development significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property. (3) AFFORDABLE HOUSING IN THE URBAN AREA A PUD designed to provide affordable housing in the Urban Area shall be approved through the adoption of an AHIPUD zone district designation. The AHIPUD zone district provides a tool for negotiation of affordable housing and mixed --income developments in a way that achieves significant progress towards the housing goals established by the Board of County Commissioners' housing designee. Lands zoned AH2IPUD, AH3/PUD, or AHPIPU❑ before the 5th of July, 2005 shall be governed by the terms of the PUDs approved for such parcels. Applications for lands to be zoned AHIPUD after the 5th of July, 2006 shall be governed by the provisions of this Sec. 3-70-30. A PUD designed to provide affordable housing in the Urban Area shall only be approved if the County finds that all of the following criteria have been met: (a) The proposed development meets all standards required by Sec. 3-50-80. Land Use Code Pitkin County Colorado Juiy 2006 Page 31 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-40 CD-PUD (Conservation Development PUD) (c) Use Restrictions (1) PERMITTED USES The approval of a CD -PLED shall restrict the lands within its boundaries to the following permitted uses. (a) Single family dwelling unit(s), together with associated accessory structures. (b) Farming or ranching, which must be conducted for the primary purpose of obtaining a monetary profit. (o) Agricultural buildings. (d) Agricultural stands. (e) Bed and breakfast. (0 Caretaker dwelling units. (g) Home occupations. (h) Public utilities, minor, which may be accessory to uses on other properties. (i) Satellite reception device. (I) Solar energy collector. (k) Trail. (2) SPECIAL REVIEW USES FOR COMMERCIAL A ORICUL TURAL DEVELOPMENT OPTION ONLY The approval of a CD-PUD shall restrict the lands within its boundaries to the following special review uses. (a) Agricultural housing. (b) Arts and crafts studio. (c) Blacksmithing. (a) Building materials and landscaping. (e) Cellular telephone facility or building -mounted cellular telephone antennae. (0 Cemetery. (g) Club house or recreational building, (h) Country inn, guest ranch and resort cabins. (i) Day care center or home. Y) Firewood splitting, commercial. (k) Horse boarding. (1) Institute. (m) Junk yard. (n) Logging. (o) Meeting hall or conference center. (P) Mineral and gravel extraction. (q) Nordic ski area & support. (r) Outdoor recreational, other. (s) Park, playground or playfield. Land Use Code Pitkin County Colorado Julv 2006 Page 33 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-40 CD-PUD (Conservation Development PUD) containing at least one hundred sixty (160) acres, and to use Development option 2 on a second portion of the parcel containing at least one hundred sixty (160) acres. (3) An applicant who chooses to use Development option 2 on all or a portion of the parcel may later choose to instead apply for an approval under Development option 1. As part of the application for approval under Development option 1, the applicant shall relinquish all rights to conduct any uses by special review available only under option 2. if the size of either single-family dwelling is to be increased, the applicant shall be required to prepare a revised Site Plan reflecting the increase in size. (g) Development option 1: Residential Development (1) MAXIMUM RESIDENTIAL DENSITY There shall be no more than two (2) principal single-family dwelling units per one hundred .sixty (160) acres or part thereof. (2) MAXIMUM FLOOR AREA The total final maximum floor area of all principal structures within the CD-PUD designation area shall be limited to fifteen thousand (15,000) square feet. Where codified Caucus limitations to final maximum floor area exist, said limitation shall apply as the maximum, with no individual, or combination of two principal structures exceeding that limitation. Within the Frying Pan Caucus, the final maximum floor area for principal structures shall be limited to eight thousand (8,000) square feet, with no more than four thousand (4,000) square feet contained within one principal structure. Up to two thousand, five hundred (2,500) square feet of floor area for accessory structures (including barns and other agricultural buildings), and up to one thousand (1,000) square feet of Boor area for each caretaker dwelling unit is allowed in addition to the final maximum floor area for principal structures. All agricultural floor area, including hams, shall be considered to be "accessory" and shall count towards the limitation of two thousand, five hundred (2,500) square feet of accessory floor area in Development option 1. Floor area for accessory structures and the caretaker dwelling unit(s) may not be combined. (CodeAdopted July, 2006 by Ord. 014-D-2006 - § 3-70-40 Amended by Ord. 030-2006) (3) GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) Approval of a CD-PUD designation under Development option I shall result in the creation of the following development rights on the property and the following exemptions from the requirements of GMQS (see chapter 6), provided that all structures are constructed in compliance with all applicable requirements of this Land Use code: (a) Eight thousand two hundred fifty (8,250) square feet of residential floor area for principal structures, except where final maximum floor area limitations have been codified for specific Caucus areas, said maximums shall be the maximum GMQS exemption for residential floor area for principal structures. Floor area may be divided between two (2) residential structures or used exclusively for one (1) residential structure. (b) Within the Frying Pan caucus area specifically, eight thousand two hundred fifty (8,250) square feet of residential floor area for principal structures shall be exempt from GMQS, though no one principal structure (of up to two allowed) may contain more than four thousand square feet of floor area. Growth management exempt floor area that is not built as part of a principal structure(s), may be redeemed as a TDR(s), at a rate of one (1) TDR per twenty five hundred (2,500) square feet of floor area. Land Use Code Pitkin county Colorado July 2006 Page 35 r�CHAPTER 27.21 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) Sections; 27.21.010 Intent 27.21.020 General 27.21.030 Standards for Planned Unit Development District (PUD). 27.21.0100 Intent. A planned unit development district shall serve:. as an overlay zoning district. It shall function in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve: to modify the underlying:. zone and where appropriate subdivision standards with the intent of providing flexibility of architectural design and density as well as providing the option:: to *x land uses: and densities while preserving and .. enhancing the integrity and environmental values` '` area: .. ....... .. . . . 27.21.020: General. The following application and review procedures shall apply to designation and approval of all planned unit developments in the city. (1). Initiation of Application: The land owner(s) or land' owner(s') designee shall schedule a pre -application meeting with the planning.department prior to official submission of a PUD application. .The PUD application shall: be submitted on a form provided by the city. (2). PUD :Application Thr'esholds-. It is anticipated that PUD applications will be submitted:. and reviewed in various stages to accommodate the level of planning and detail avallabl 'Three broad categories of PUD processes are provided for. within any PUD application it is possible to incorporate one or more of the categories listed below: (a). Full. PUD ApPllcation - This type of PUD will be processed in accordance with the full provision df this chapter and will require the submission of all application materials required in Section (3) PUD Application Materials below. (b). Concept PUD Application 1. This type of PUD will be processed in accordance with the full provision of this chapter. However, at the time of the pre -application meeting, the Planning Director, upon request by the applicant. may delay submittal of certain required elements of the application or may waive the level or degree of information associated with meeting a certain required element of an application. This would normally be limited to: i. waiving to a later application date the submission of architectural renderings, building designs, parking lot layouts or landscaping plans for structures or uses not intended to be built or used for several gears; Patze 1 of 9 ii. Waiving to a latter application date detailed park and open space plans, plans for recreational facilities or common/homeowners facilities not intended to be built or used for several years; iii. Multi -phase project in which one or more early phases meet the full PUD application criteria and are reviewed accordingly but where latter phases may not be as fully developed and are submitted as a concept PUD application which show conceptual street designs, proposed park and open space areas, trail concepts, proposed residential. density and housing types (single family, townhouse, apartment, etc)commercial areas, etc. versus detailed lot, block, street and park develpmnt and building designs; iv. where a subdivision is required to mplem.ent a portion or all of a PUD and the subdivision application does not accompany the PUD application. 2. During the concept PUD review process; the planning board'::: rcity council may determine that specific information temporarily waived at the.... �.pre application meeting and not part of the concept PUD application is significant` and the review process may be temporarily suspended until: such information is presented. 3 . With concept PUD applications, no . proj ect or activity may proceed to full development until, :..;it has satisfied all conditions and submitted all required elements of a fultPUD - .application as provided for herein. This is not meant to limit development of'%"'ar `: portion of the PUI] ; which has received full PUD approval. 4. Concept: PUD approval: `does not guarantee that projects will receive full approval until all conditions of the: concept approval are met and full approvals are granted. Based on a finding and associated conditions placed on a concept PUD at time of approval, a concept PUD nlay obtain full PUD approval using one or more of the ... .. ...... following ..processes. i. A finding that the outstanding items are significant and therefore should follow the full PUD application process; ii. A finding :that the outstanding items are generally minor or less significant and should be reviewed under the conditional use permit process; or iii4 A finding that the outstanding issues are minor or insignificant and subject to administrative review by the Kalispell Site Review Committee. (c). PUD Label Application - This submittal typically is involved with annexation and initial zoning or a rezoning in which the applicant requests a PUD designation noting the applicant's intent to develop a PUD and enter into a development agreement with the city, binding the property to a future PUD application but not providing any application materials or development plan nor receiving any entitlements other than a commitment between the city anal the applicant that if development is to proceed it will be done via the PUD process. Prior to development of the PUD the applicant would proceed using either the full or concept PUD application process. Page 2 of 9 (3 }. PUD Application Materials. The full PUD application submittal shall contain the following information in the form of an overall PUD development plan and supporting text: (a}. A listing of each deviation or class of deviation from the underlying zoning district and a justification of the appropriateness for the deviation; (b). A listing of each deviation or class of deviation from the city subdivision regulations design standards and a justification. of the appropriateness for the deviation; (c}. Existing and proposed topo map using one to five foot intervals drawn to a scale not less than one inch equals Zoo feet.Showin all proposed streets, lots, buildings, open space, wetlands, floodplain . environmental hazards, and: other elements basic to the development; . (d). Proposed locations, areas, densities :and types of residential and nonresidential uses and structures within the area proposed to be developed and maximum height of buildings or structure; (e). Proposed piano for handling. vehicular traffic;; sewage disposal; drainage; water supply; parks and open space; and where appropriate commercial, directional and entrance signage; lighting; parking; prominent landscaping, buffering, site perimeter .and entrance treatment features; retaining wall work in excess of 3) feet in height, common fencing designs and Locations where proposed, and other .:..pertinent site development . features; (f) . ` Elevation . drawings which demonstrate visually the general architectural features of each proposed: building or architecturally distinct group or type of buildings and the::. site perimeter treatment. Note -- This may be waived by the zoning administrator on a case specific situation for uses listed below which may include but not united to.:. L Single family detached housing when the lots equal or exceed the minimum lot size of the underlying zone; ? . Two unit townhouse or duplex development which is alley loaded and the lots equal or exceed the minimum lot size of the underlying zone. (g}. The plan shall show the boundary lines of adjacent subdivided or unsubdivided land and the existing zoning of the area proposed for the PUD overlay, (h}. A timeline expressing the order in which the development shall occur and estimated time for completing key components or phases; Adequate provision for a homeowners association or other public or private management organization to provide for the operation and maintenance of all Pages of 9 private (non-orovernmental) common facilities including any private streets or alley ways, homeowners parks, club houses, open space, trails, recreational facilities and amenities, shared parking facilities, private lighting systems, subdivision entrance signage and common mail receptacles; (��• Adequate provisions shall be made for maintenance of all public common facilities which are not intended to be maintained by the public, i.e. a trail or park developed on public land but intended to be maintained by a private organization or homeowners association} (k). where a PUD also involves a subdivision of land, it shall also meet the application requirements of the Kalispell: Subdivision Regulations and the Montana Subdivision. and Platting Act;: .... (1). Any other information, plans and' details which the city staff";., planning board and/or city council may requestto. . fully evaluate the development proposal and its ....... .......impacts. (4). Review of Application: Upon submission:... ;.the application the zoning commission shall review such application based on the following. - (a). The compliance of the proposed PUD with'the city growth policy and in particular the density and use policies of the plan; The extent to which the: PUD departs from. the underlying zoning and the reasons .. ...::.....:........... . why 'such departures are or are not deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; (C). The extent to which the PUTS departs from the subdivision regulations (if subdivision is 'anticipated) : and the public works standards for design and construction applicable to the subject property, the reasons why such departures are deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; (d). The nature and extent of the public park and common open space in the PUD, the reliability of the proposal for maintenance and conservation of these areas and the adequacy or inadequacy of the amount and function of the pans and open space in terms of the land use, densities and dwelling types proposed in the PUD; (e). The manner in which the PUD plan makes adequate prevision for public services, provides adequate control over vehicular traffic and furthers the amenities of recreation and visual enjoyment; �f. The relationship, beneficial or adverse. of the PUD plan upon the neighborhood in which it is proposed to be established in concert with the underlying zone: Page 4 of Qa (g). In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the PUD; (h). Conformity with all applicable provisions of this chapter. (5) Action by the Zoning Commission. The zoning commission shall review the PUD, application material, agency & staff comments and public... comments to date and shall hold a public hearing on the application pursuant to Section '-?.7:30.030. The zoning commission shall submit its recommendations to the . city council. The zoning commission may recommend approval in whole or .in. part, may recommend modification and can impose conditions which will clarify facets of the:.PUD, implement city standards, regulations or policy, or serve to m.itigate:: potential negative impacts, or the cone-nission may recommend disapproval. (6). Action by the City C onneid. The city council shall consider the reconunendation of the zoning commission and may affirm, modify or deny the PUD. If the PUD is approved, the applicant shall submit a final PUD ire accordance with the conditions of approval as adopted by city council. When the city council approves the PUD, the area of land involved shall be re -designated as a PUD district by ordinance which shall incorporate the final PUD including -any Zon.ditions or restrictions that may be imposed by the city .. ...' ......:... council and shall constitute tie zones g..for the district. (7). Preparation and Filing of Final : PUD. Upon approval of the preliminary PUD by the city council, the property owners) shall proceed with the preparation of the final PUD plan which shall: . (a.):. The final PUD plan shall incorporate all the conditions imposed by the city council at the:. time of approval of the preliminary plan; (b) The final PUD plan shall have the following certification on the face of the final PUD plan:. I; owner and developer of the property set forth above, do hereby agree that I will develop the above property as a Planned Unit Development in accordance to the submitted PUD plan. Signature of Property 0 wnerllDeve toper Approved this day of City Council. Attest: City Zoning Administrator by the Kalispell :JM YYA Z 1 17 T 1 (c. The applicant shall submit four signed copies of the PUD, final plan and related documents to the city planning department. Upon approval by the Zoning Administrator, one signed copy of the plan shall be returned to the applicant, a signed copy shall be retained on file in the City Finance Director's Office and one signed copy each shall be forwarded to the city planning department and the city building official; (d). The final PUD shall be submitted to the planning office in a timely fashion following approval by the city council but in no case shall a final plat or building permit be issued until the final PUD plan has been. submitted and approved; (e. where there is a question concerning compliance with a. condition of the PUD, by either the applicant or planning staffx :: the issue will be forwarded to the next available Kalispell Site review Committee meeting. If the: issue cannot be satisfactorily resolved it shall be forwarded to city council; (f). Prior to the approval of a final pld or where :a subdivision is not involved prior to issuance of a certificate of occupancy; or conunencement of a use approved by a PUD, when specific aspects of the PUD` are not yet completed that are pertinent to the phase or use, the city council shall require bonding or any other appropriate collateral to ensure.that all required improvements shall be satisfactorily completed in accordance t the approved plans specifications and time schedule. Limitation on rezoning. The zorung commission shall not initiate any amendment to the Plann.ed.Unit . Development before the completion of the development as long as development is in. conformity with the approved detailed Planned Unit Development and ...:...... proceeding in accordance with the. time requirements unposed therein by the completion schedule. Amending an Apr'vdnal FIND. once approved a PUD may be amended. .....:.......... Proposed amendments shalt.. be submitted to the Kalispell Site Review Committee. The committee shall.determine one of the two following ways. (a). The change(s)is deemed minor in scope and may be granted or denied with or without conditions by the Kalispell Site Review Committee or; (b). The change(s) is deemed major, in which case the amendment(s) is forwarded to the city council for consideration and final action. .Note: Any action of the Kalispell Site Review Committee is appealable to the city council. J 0). Abandonment or Expiration. The zoning administrator shall monitor the PUD for compliance with the completion schedule set forth in the approved development plan and to assure that all immovernents have been made in accordance with the approved development plan. The following 13n c-�- � of 0 procedures are to be followed when the PUD fails to comply with the completion schedule: (a). PUD's or portions thereof which do not involve or require a subdivision application to be implemented: l . If a PUD project falls out of compliance with its approved completion schedule, notice of noncompliance with the completion schedule shall be delivered in writing to the landowner and/or developer, Within 90 days of the notice (or anytime prior to the actual expiration of the approved completion schedule) the landowner and/or developer may request from the city council an extension of time. Said request shall set forth a proposed completion schedule :and/or new timetable for installation of the improvements. The: city council may grant one ormore extension but each extension is a; matter of grace which, if approved. may be subject to additional conditions `t'm.posed b t.. .... .. ......he council which may be deemed necessary to address issues'tha. ... t ..have- arisen due to the lapse in time; D . Abandonment shall be deemed b the city council to have occurred when the landowner/developer is deemed:'. to be. out of compliance with the approved completion schedule and had failed to secure an extension as provided for in (2) above;.: 4. ...:Upon the abandonment of a development authorized under this section, the city council shall direct the zoning Administrator to remove the PUD designation and allow the land to revert back to the underlying zoning classification it held`before application of the PUD overlay. If a portion of the.-PUD site was developed in accordance with the PUD, the PUD shall sta::..m force for that portion already developed. (b).01.:.. PUD s which are implemented by or subject to a subdivision application: L. If the underlying preliminary plat lapses, the PUD overlay for that area shall: lapse. In such case the city shall notify the property owner of the preliminary plat and associated PUD lapse; (b). The zoning Administrator shall remove the PUD designation from the official zoning map and the underlying zoning classification shall remain in tact. 27.21.030: Standards for Planned Unit Development District (PUD)I. (1). General Standards. (a). The minimum land area required for a designation as a PUD shall be: 1. Two acres including land in streets, open space and developable area. 2. For sites of less than 2 acres a PUD aaplication nay be submitted however it will not be eligible to receive a residential density bonus as provided in 27.21.03 0 (2(a(3 }). (b). Both the permitted and conditionally permitted uses f the underlying zone shall be deemed to be eligible for inclusion: in a PUD however not all such uses may be deemed appropriate within the overall design of a particular- UD. (2). Establishment of PUD Districts. (a). Residential PUD District. 1. A residential PUD district may be established in areas zoned R-1 through R-5, RA- l through RA-3 and the H-1 2. Housing types within a residential PUD may include single family, duplex .. .and multi family housing 'arranged in attached, detached, townhouse, apartment or condominium conf gurations. 3 Residential dwelling unit densities within a proposed residential PUD district shall be as follows: Residential PUD Maximum Permissible District Created Density/gross acre R-1 District dwelling units/acre R-? District 4 dwelling units/acre R-3 District 6 dwelling units/acre R-4 District 12 dwelling units/acre R-S District 1 dwelling units/acre RA- 1 District 20 dwelling unitslacr e RA-2 District 30 dwelling units/acre RA-3 District 30 dwelling units/acre H-1 District 30 dwelling units/'acre 4. Commercial uses may be allowed in a residential PUD district, provided: (a). Lots devoted to commercial uses shall not occupy more than 10% of the land area of the PUD district; P3 9( -, 3 0f (b). Commercial uses shall be so located, designed and operated as to serve primarily the needs of persons within the district and secondarily persons residing elsewhere; (c). The acreage proposed for commercial use and its parting shall be excluded from the gross acreage when computing total allowable dwelling units. I Theminimum PUD` land area is 5 acres including land in streets, open spaces and developable area; . 3. The pred6mmant land usecharacter of the PUD must be residential; 4- The.resdentla uses appropriate to a Mixed Use PUD are the same as those permitted in a Residential PUD; ..5. Commercial. uses appropriate to a Mixed Use PUD are the same as those permitted. in a Commercial PUD; 6. Incompatible industrial and commercial uses are not permitted; 7. The combined area of all commercial/industrial lots cannot exceed 3 5 %. e}. Non -Residential Mixed Use PUD. 1. A non-residential mixed use PUD may be established in any zoning district which would ailow a commercial or industrial PUD. Uses allowed under either a Commercial or industrial PUD are allowed.