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10-11-83 Annexation CommitteeDevelopmentFlathead Regional i ,n Advisory Technical Staff 723 5th Avenue East - Room 412 r Kalispell, Montana 59901 Phone: (406) 755-5300 Ext. 279 September 19, 1983 Paul Palmer Chairman, Annexation Committee City Hall Kalispell, Montana 59901 Re: Planned Unit Development (PUD) Dear Paul; As per your recent request, I have reviewed the land Development Guidelines System being applied. in Fort Collins, Colorado, and have drawn the following comparisons and comments for your consideration. 1. The Fort Collins Ordinance is based on a primary assumption "that any land use likely to occur, can in most cases be made compatible with any•neighboring land use through careful design and buffering. Simi- larily, two otherwise compatible uses can be poor neighbors as a re- sult of poor design and buffering." Similar assumption is made in drafting the Kalispell PUD Ordinance, although on a lesser degree. 2. The Fort Collins Ordinance is designed as an alternative to conventional zoning. It is, therefore, independent of any conventional zoning classi- fications or landuse plan. Each development proposal is evaluated by applying established performance criteria and is approved if it obtains or exceeds the required percentage points. The Kalispell PUD draft ordinance is intended only as a supplement to the existing conventional zoning classifications. It is very much tied with,the existing zoning classifications and the land use plan. 3. Both the Fort Collins and Kalispell PUD Ordinances are designed to pro- vide a flexibility of land use choices for the land owners. However, under the Fort Collins Ordinance, the land owner is assured of approval if he feels that he will be able to meet established specific criteria. Under the Kalispell draft ordinance, the criteria are comparatively general and the final approval is at the discretion of the Council. 4. The Fort Collins Ordinance is applicable to all sites, irrespective of their size, as it replaces the conventional zoning. Paul Palmer Chairman, Annexation Committee September 19, 1983 Page Two The Kalispell PUD Ordinance is proposed to be applied only to larger developments (2.5 acres or larger sites). This is intended to prevent misuse of the PUD for spot zoning. 5. The Fort Collins Land Development Guidance System is part of that com- munity's recent efforts of streamlining development review process and approval. The.various approvals or permits that are generally required for a development in larger cities, such as a zoning permit, subdivision approval, si.te plan review, building permit, architectural review and sewer hookup permit are all consolidated into one permit or approval. The approval is granted by the staff upon evaluation of the application by applying the Land Development Criteria. The Council is not involved in the review or approval process except as.an appeal board. The Kalispell PUD draft ordinance requires the development proposal to be reviewed by the Planning Staff, then reviewed by the Planning Board and finally by the Council. This would generally require a much longer review and approval period. 6. The For:t.Collins Comprehensive Plan does not graphically designate spatial distribution of various types of land uses. Instead, it is in the form of 97 written land use policies. Applicable policies are applied toward evaluating a development proposal. The Kalispell Comprehensive Plan spatially designates land uses for different: areas. 'Such a plan generally restricts the land use choices and is more inclined to provide the basis for conventional zoning rather than for the performance standard approach being applied under the Fort Collins Ordinance. 7. The Fort Collins Development Guidance System applies uniformally to all areas within the city. Since it is not tied to any zoning classification or land use designation, it does not contain any "built-in" incentives in the form of higher density, mixing of land uses, etc. Further, if the development proposal is approved, the applicant is not bound to complete the development within a pre -determined time frame. The Kalispell draft ordinance has built in incentives such as a higher. residential density, mixing of the land uses, etc., in order to encourage the developer to approach the proposal as a PUD. However, the ordinance also requires the developer to complete the development within an agreed time schedule. 8. In Fort Collins, the PUD had been in effect for 15-20 years before it was replaced by the Land Development Guidance System. Therefore, the benefits of the PUD approach over conventional zoning have been well recognized both by developers and the City Council. According to Linda Hopkins of Paul Palmer Chairman, Annexation Committee September 19, 1983 Page Three the Fort Collins Planning Department, 99 percent of all development proposals are being applied and reviewed under the Land Development Guidance System, although the conventional zoning approach is still available.. In Flathead County the PUD approach has been seriously tried only during the last 3 years or so and has not gained much popularity. Because of the lack of knowledge and uncertainty, a distrust for the PUD approach prevails. Whitefish adopted the PUD Ordinance two years ago. Of the three PUD's proposed since its adoption, only one was finally approved. A PUD approved in the county (Caroline Point De- velopment) ended in litigation. The developers are reluctant to make the commitment to completing development within a time schedule particularly in the current uncertain economic times. 9. The Fort Collins Land Development Guidance System is adopted under Colorado Statutes and the City Charter of Fort Collins. I am not sure if the Montana Statutes and the Kalispell City Charter prov-ide for the adoption of such a system. Such a determination should be made by the City Attorney. If you have any questions or desire further assistance in the matter, please feel free to contact this office. Sincerely, Nakul S. Verma Planning Director NSV/sv cc. 1. Mayor McDowell 2. Glen Neir, City Attorney ANNEXATION CO=T'2Z@ MEETING CONFERENCE ROOM 4:00 P. M. OCTOBER 11, 1983 Present were Mayor McDowell; Councilmen Palmer, Ruiz and Grainger; City Attorney Neier; Stan Pine and Dean. Marquardt. Councilman Palmer presided. Stan Pine, Developer of Buffalo Head Addition, addressed the committee with an explanation of the history of his annexation and subdivision. In 1978 the Council passed Resolution #3201 approving Buffalo Head Subdivision which states it is zoned RAl and any kind of residence can be built as long as there are only so many units per lot. As the subdivision was developed it was not possible to tell in advance what size lot it will take for a townhouse. As it was the first subdivision in the County and State, the language was not clear as to proper procedure and also a new zoning ordinance for the City was passed. At this time the proposed townhouses do not comply with the new subdivision regulations. On lots where four units are proposed they do comply, but where six units are proposed they do not. Mr. Pine is asking the Council to approve the final plat of the subdivision as originally designed and give him permission to build the townhouses without set -backs as required in the present regulations. City Attorney Neier and Mr. Pine will try to work out something satisfactory before the public hearing to be held on Monday, October 17th. Committee will recommend to the Council that we file notice of intention to annex an island which includes parts of Sunset Addition and certain tracts. Committee will recommend that the Council consider an ordinance the first meeting in November to adopt the Planned Unit Development (PUD) method for land development guidelines. Committee will recommend the Council pass a resolution of intention to annex certain streets within the City. Committee agreed that we need to work on zone reduction and will ask Building Official Peterson to assist. Meeting adjourned at 4:50 P. M.