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09. Northwest Healthcare/Buffalo Commons Mixed PUD/Development AgreementThe City of Kalispell Building Department Brian J_Wood Zoning Administrator TO: DATE: Incorporated 1892 MEMORANDUM Bruce Williams, City Manager Brian J. Wood, Zoning Administrator April 24, 1995 Telephone (406) 758-7730 248 3rd Avenue East PO Box 1997 Zip 59903 Fax (406) 758-7739 n4 RE: Buffalo Commons PUD - Outstanding Staff Concerns The purpose of this memeo is to outline for you the remaining concerns staff has regarding the Buffalo Commons PUD application. These concerns, for the most part, have been expressed to the applicant at every stage of the application process and were brought to the attention of the planning board. Because the PUD is, in essence, a contract between the city and the applicant, it is in the best interest of both parties to have as complete a document as possible. It will benefit all involved parties (the city council, city staff, the applicant, and future property owners and developers) if the adopted document is both concise and comprehensive; the fewer the grey areas, the fewer the headaches down the road. With that in mind: 1) There are a number of land uses allowed outright in the PUD that require Conditional Use Permits elsewhere in the city. These include: tri-plex, four-plex, bed and breakfast, community residential facility, hospital, heliport and telecommunications company with appurtenant transmission equipment. While the tri- and four-plexes are reasonable and expected uses with minimal impact, the other uses are, in staff's opinion, extraordinary, and warrant the review afforded by the CUP process. Additionally, the surrounding property owners (current and future) deserve to be notified and to be given the chance to comment on uses with inherent potential impact such as a community residential facility (1225 2nd Avenue East group home as an example), a telecommunication transmission tower, a hospital or a heliport. 2) Although staff has been opposed to the idea of a 50-room hotel/motel at the northerly entry to the city, and cannot understand its relevance within a "neighborhood" commercial development, it seems clear that it will become part of the requested PUD. It is staff's recommendation that the operation of the facility be left up to the hospital; if they choose to allocate a certain number of rooms within the facility to hospital -related individuals, so be it. The zoning administrator does not have the resources to monitor the operation of a motel, and anticipates an enforcement nightmare, as all other innkeepers in the city are going to expect strict compliance with any agreement reached between the city and the hospital. 3) Staff has reservations about a few of the permitted uses within the Retail/Commercial/Office pod. Two of the listed uses, title company and investment firms, are not generally considered "neighborhood" commercial uses, and staff recommends their removal. Also, with an entire pod, some 33+ acres, dedicated to "Professional Medical" facilities, is it necessary to include medical clinics, dental clinics and physician offices in the Retail/Medical/Office pod? 4) The applicant's consultant agreed this morning to provide specific sign standards for the PUD. As of this writing, they had not been received. In the absence of such standards, Kalispell Zoning Ordinance standards applicable to the underlying RA-1 zoning will apply to the PUD. These strict standards (RA-1) are not in the applicant's best interest. 5) Development standards within each of the Pods address only the primary building on any given lot. Staff had recommended that the application, by reference, incorporate the accessory use standards of the Kalispell Zoning Ordinance (27.22.020). The applicant's attorney opposed the suggestion, their consultant seemed agreeable; I'm not sure where they stand on the issue. 6) Staff would have preferred that the applicant comply with Section 27.21.030(5)(m) of the Kalispell Zoning Ordinance and provide "bonding or any other appropriate collateral to ensure that all required improvements shall be satisfactorily completed in accordance to the approved plans, specifications and time schedule." This, however, is not the case. If the applicant and the Public Works department clearly understand the infrastructure needs of each of the pods, regardless of the phasing sequence, and the city attorney is comfortable with any agreement assigning responsibility for the construction of the infrastructure, staff will reluctantly concede this point. It is very important to remember that the city is entering this agreement with the applicant, but once the property is sold we will be dealing with a new set of players. DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the day of , 1995, by Northwest Health Care, a , of 310 Sunnyview Drive, Kalispell, MT 59901, hereinafter NORTHWEST and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901 W I T N E S S E T H: WHEREAS, NORTHWEST is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described in Exhibit A annexed hereto and is hereinafter referred to as "Subject Property"; and WHEREAS, (I)NORTHWEST desires to have the Subject Property rezoned from RA-1 and B-3 and H-1 to a Mixed Use RA-1 PUD, mapped with certain new streets, highway approaches, and parks and developed pursuant to said zoning change;(ii) NORTHWEST has filed an PUD Application containing (a) a Zone Change Application, (b) a Zone Text Amendment Application, © a PUD Narrative Supplement with Exhibits, (d) a Perimeter Legal Description, (e) a Title Report, (f) a set of five (5) CCNR's cover five (5) proposed "pods" with in the Subject Property, and (g) Large Map Exhibits; and WHEREAS, I. GENERAL INTRODUCTION S 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application, February 6, 1995 and the drawings annexed to this Development Agreement. S 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement and the annexed drawings, and the PUD Application, February 6, 1995, the laws, rules and regulations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property. S 1.03 Definitions? S 1.04 Drawings KRHIII The drawings annexed and the PUD Application, dated February 6, 1995 to this Development Agreement are an integral and essential component thereof, and they are incorporated by reference herein. $ 1.05 Effectiveness and Cancellation The provisions of this Development Agreement shall become effective simultaneously with the approval of the PUD Ordinance by the City Council of the City of Kalispell and shall terminate upon the issuance of a building permit(s) for development of the last "pod" on the Subject Property. This Development Agreement may be modified or amended only Article VI hereof. S 1.06 Certification Procedure Whenever in this Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application therefor. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. II. PARCEL DESCRIPTION S 2.01 The Subject Property, described in Exhibit "A", shall be developed with the infrastructure improvements described in 55 3.01 and 3.02. The Subject Property shall be surveyed and divided, immediately, into five (5) parcels,(POD's) pursuant to S 76- 3-207 (1)(a), MCA, as indicated on the Large Map Exhibits accompanying the PUD Application, provided however that no building permit shall be issued on any of the five (5) parcels unless and until all improvements specified in this Agreement as well as those infrastructure improvements which may be required by the City of Kalispell's Standards for Design and Construction are either constructed or security provided guaranteeing construction of said improvements for that particular "Pod" upon which a building permit is requested. III. SITE CONDITIONS S 3.01 Access KRHIII I) All accesses to the Subject Property shall be engineered and constructed in accordance with City of Kalispell's, Standards for Design and Construction. A) The only access to the Subject Parcel from U.S. Highway # 93 shall be located directly across from Northridge Drive and shall signalized. B) Heritage Way shall be abandoned between its intersection with U.S. Highway #93 and the Westerly boundary of Heritage Place, lst Addition, Kalispell, Flathead County, Montana at the time the access described in (A), above, is constructed. C) Access to the Subject Parcel by way of extension of Windward Way shall commence at Windward Ways intersection with Heritage Way and shall be constructed as a condition to issuance of a building permit for any of following "Pod": the Northerly Profession/Medical Facilities "pod", the Multi -Family "pod", or the Single Family "pod", as designated in the PUD Application. D) Access to the Subject Parcel by way of a street off of Grandview Drive shall commence at the Northerly terminus of the present S-curve on Grandview Drive and shall be constructed in conjunction with construction on the Multi -Family "pod", or the Single Family "pod", as designated in the PUD Application. .. I&W 0 W 5 ILV .- . .JI 5 . .. .. = . .Ir-IM. ... .- • 0 ft OUMMS•t-WA-0 .. -- I&WA• II) All streets constructed to provide access to the various "pods" shall be dedicated to the City after the acceptance of said streets by the Director of Public Works. S 3.02 Sewer and Water I) All sewer and water utilities servicing the various KRHIII "pods" shall be engineered and constructed in accordance with the City of Kalispell's, Standards for Design and Construction. II) All sewer mains and lift stations and water mains constructed in the development of any of the "pods" shall, upon completion by said "pods" developer and acceptance by the Director of Public Works, become the property of the City and the City shall thereafter provide for the maintenance and operation of the systems therein constructed and accepted. III) Easements, and as-builts, necessary for the maintenance, operation and replacement of the sewer mains and lift stations and water mains prior to acceptance by the City. IV) Sewer and Water Utilities, and Road applicable to the respective "Pods" shall be installed as follows: A) Single Family "Pod" I) Water mains shall be installed, with services to the property line, in all roads within the pod, as shown in the PUD Application, dated March 6, 1995. Minimum extension limits shall be the "Pod" boundaries on the North, South, East and West sides. Mains shall be connected to the existing water system at the intersection of Heritage Way and Windward Way, and at Indian Trail, and shall be installed as a loop through the Single Family "Pod". ii) Sewer mains for this or any other free standing "Pod" shall begin at the exiting sewer main in Grandview Drive at the Northeast end of the Subject Property. The sewer mains shall be extended to a point adjacent to any lot to be served, and services installed to the property line. Mains installed as part of this "Pod" shall be extended to the boundaries with the Multi - Family "Pod", the Northerly Professional/Medical Facilities "Pod" and the Southerly Professional/Medical Facilities "Pod", as shown on the PUD Application, dated February, 6,1995. iii) Roadways for this "Pod" must connect Windward Way with Grandview Drive with a parallel loop KRHIII through the "Pod" as shown on the PUD Application, dated February 6, 1995. B) Multi -Family "Pod" I) Water mains shall be installed, with services to the property line, in all roads within the "Pod", as shown on the PUD Application, dated February 6, 1995. A main connecting to the existing mains at the intersection of Heritage Way and Windward Way, and Indian Trail shall be installed with stub outs to accommodate future extensions in the Single Family "Pod", if the water utilities are not then in place. ii) Sewer mains shall for this "Pod" shall be extended beginning at the existing sewer main in Grandview Drive at the Northeast corner of the Subject Property. Manholes and stub outs shall be provided to accommodate future extensions in the Single Family "Pod", if the sewer is not then in place. Sewer mains installed must have services extended to each lot to be served. III) A roadway connecting Grandview Drive and U.S. Highway #93 at Northridge Drive and fronting the "Pod" shall be constructed as part of the "Pod", or a temporary culdesac at the boundary of this "Pod" with the boundary of the Retail/Commercial Office "Pod". h traffic "Pod". Water and Sewer improvements associated with the roadway extension beyond the boundaries of this "Pod" shall be completed with the development of the "Pod", if the extended roadway is paved rather than bonded. C) Retail Commercial/Office "Pod" I) Water mains, with services to the property lines, shall be installed in all roads within the "Pod". A main connecting to the existing water system at Heritage Way shall be installed and looped within the "Pod" as shown on the PUD Application, dated February 6, 1995. ii) The Sewer main extension, with services to the property line, for this "Pod" shall KRHIII Being at the existing sewer main located in Grandview Drive at the Northeast corner of the Subject Property. Manholes and stub outs shall be provided to accommodate future extensions of the Single Family "Pod", the Multi -Family "Pod" and/or the Northerly Professional/Medical Facilities "Pod", if the "Pods" have not been developed. iii) Roadways, as shown on the PUD Application, dated February 6, 1995, shall be constructed throughout the "Pod". Temporary dead end roads must meet the turn -around requirements of the Kalispell Fire Department. " traffte U.S.light shall be erected at the "Pod" acces. with he closure of the West segment of Heritage Drive, S 3.01 (I)(B) supra, shall not occur until the new access to U.S. Highway #93 at Northridge Drive has been constructed. D) Northerly Professional/Medical Facilities "Pod" Development of this "Pod" is dependent on water, sewer and roadway improvements of the adjacent "Pods". This "Pod" shall not be developed until all improvements have been completed for the Single Family "Pod", the Multi -Family "Pod" and the Retail Commercial Office "Pod". E) Southerly Professional/ Medical Facilities "Pod" I) This "Pod" is independent from other "Pods" with respect to water supply. Water main improvements shall be installed throughout the "Pod", as required by the City's of Kalispell Standards for Design and Construction. ii) Sewer main extension for this "Pod" shall begin at the existing sewer main in Grandview Drive at the Northeast corner of the Subject Property and extended through the Single Family "Pod". iii) " will be independent from the rest of the Subject Property. Analysis and reconstruction of Sun"view KRHIII 3.03 Storm Sewer, Roadways, Traffic Signal and Accessory Uses I) All storm sewer utilities servicing the various "pods" shall be in accordance with the PUD Application, dated February 6, 1995, p. 17, entitled Storm Drainage, and engineered and constructed in accordance with the City of Kalispell's, Standards for Design and Construction. II) Roadway All roadways shall be in accordance with the PUD Appli cation, dated February 6, 1995, p. , and engineered and constructed in accordance with the City of Kalispell',s Standards for Design and Construction. III) Upon written verification of need and request by the MDOT for a traffic signal at the intersection of U.S. Highway #93 and Northridge Drive, thereafter any °Pod" that has not received building permit approval shall required as a condition to the issuance of any building permit to erect said traffic signal as a condition. IV) Accesory for all "Pods" are as set forth in City of Kalispell, Zoning Ordinance. IV. DEVELOPMENT STANDARDS AND USE REGULATIONS S 4.01 Single Family "Pod" I) Permitted Uses within the Single Family "Pod" shall conform to the Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Single Family) contained in the PUD Application, dated February 6, 1995. II) Property Development Standards with the Single Family "Pod" shall conform to S 27.06.040, City of Kalispell, Zoning Ordinance. $ 4.02 Multi -Family "Pod" I) Permitted Uses within the Multi -Family "Pod" shall conform to the CCNR, Buffalo Commons (Multi -Family) contained in the PUD Application, dated February 6, 1995, with the exception that a Bed and Breakfast: is permitted by conditional: use permit, only, under KRHIII of 1��iT �tlasll�l.)i�.} tK•t�1 �! lT�! � �7 �1� � �'/9�1 �!� � � i� t�l� R. w r!! [i II) Property Development Standards within the Multi -Family "Pod" shall conform to S 27.09.040, City of Kalispell, Zoning Ordinance. § 4.03 Retail, Commercial, Office "Pod" I) Permitted Uses, Property Developments Standards and Sign Standards within the Retail, Commercial, Office "Pod" shall conform to the CCNR, Buffalo Commons (Retail, Commercial, Office), as ankended. S 4.04 Professional/ Medical Facilities "Pod" I) Permitted Uses, Property Development Standards within the Professional/ Medical Facilities "Pod" shall conform to the CCNR, Buffalo Commons (Professional/ Medical Facilities), contained in the PUD Application, dated February, 6, 1995, excepb bhet the following land eonditional User Permit under the ehapters 27 'A uses under Article !I! of said eeNR's shali req--*-- all - :-.I :.. V XLW 0 19 1 ILW LWA. KRHIII V. AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT S 5.01 I) This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. II) Application for amendment or modification may be made, to the City of Kalispell, Site Review Committee, by any fee owner or ground lessee of a "pod" in respect to the Subject Property. For purposes of this Article, "fee owner" shall not include the owner of an individual unit located a "pod" owned in whole or in part pursuant to the Unit Ownership Act -- Condominiums, Title 70, Chapter 23 Montana Code Annotated (or any successor statutes), but shall include the Architectural Review Committee of such "pod". III) A) Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or any other public agency. B) All amendments and modifications to this Development Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. IV) A) All applications for modification or amendment of this Development Agreement shall be filed with Site Review Committee and Site Review Committee shall promptly determine whether the modification is minor or major. B) Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15) days after it determines the application to be subject to said minor modification. C) If the amendment or modification requested is of KRHIII such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days of after it determines the matter requires Council Review. D) The owner may appeal any decision of the Site Review Committe to the City Council, who may affirm, reverse or modify the Site Reveiw Committee decision. VI. CONSTRUCTION PHASING 5 7.01 General Requirements I. No building permit in respect of the building in any "Pod" shall be issued by the Building Department until: A) The Zoning Administrator has certified to the Building Department that proposed building(s) substantially conform to S IV, Development Standards and Use Regulations, and the CCNR's for the appropriate "Pod". B) The Director of Public Works has certified to the Building Department that the infrastructure improvements and roads required as shown on the drawings submitted by the developer of the "Pod", substantially conform to 5 III, Site Conditions contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by the City. For purposes of this Section, the "Security" required shall be in an amount equal to 125% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. KRHIII Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 April 11, 1995 Phone: (406) 758-5780 Fax: (406) 758-5781 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 RE: Buffalo Commons - Zone Change and Planned Unit Development Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met in regular session on Tuesday, March 14, 1995. During that meeting the Board heard the following request: A request by Northwest Healthcare for a zone change from H-1, B-3 and RA-1 to a Residential Mixed Use, Planned Unit Development in the RA-1 zone. The intent of the PUD is to provide a zoning district classification which may provide flexibility of architectural design and mixing of land uses while preserving and enhancing integrity and environmental values of an area. This classification also sets forth a time frame for improvements to be installed, types of uses permitted, lot sizes, landscaping, street layout. The project, consisting of approximately 70 acres, is located between US Highway 93 on the west and Grandview Drive on the east, Sunnyview Lane and Heritage Way on the south, and Indian Trail Road subdivision on the north, and is more particularly described in Exhibit "A" (map) of the staff report. John Parsons of the FRDO referred to a memo submitted to Board members with a recommendation to continue this matter until the April meeting to allow time for the City Attorney to review the terms and conditions of the plan. The Board discussed that since the public hearing had been advertised, they would proceed with the case as scheduled. Parsons gave a detailed presentation of report #KPUD-95-1 outlining staff's concerns and given the importance of this project, staff, again, recommended that the public hearing be continued until those concerns can be adequately addressed. The public hearing was opened. Two representatives for Northwest Healthcare gave a detailed account of the proposal, pointing out the tremendous amount of effort that went into the plan, and stated that they are committed to a quality project. The presentation was extensive, addressing in detail, the entire area to be included in the PUD; the application was reflected in a comprehensive, spiral bound outline of the uses planned, the architectural concepts, the infrastructure and the built-in guarantees for the project. The application represented a professional, detailed approach to an area which has presented a challenge to the community as a whole for compatible and useful development. The technical assistant for the applicant, felt that the staff report was too negative and failed to acknowledge any of the good aspects of the PUD. Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish Bruce Williams, City Manger Re: Buffalo Commons PUD April 11, 1995 Page 2 Brian Wood, Zoning Administrator, testified that the City was fully supportive of the project, however several unresolved issues prompted the City to support staff's recommendation for continuance of the matter until reveiwed by the City Attorney. The primary concern of the City representative was that a bond was not included with the application. The Board determined that the City Attorney had received the* application materials at the same time as all the other interested agencies and Planning Board members, but had not reviewed the matter and was out of town at the time of the meeting. Three persons spoke in oppostion to the project, objecting to the hospital, as a non-profit organization, getting involved with the commercial hotel business that will compete with local businesses. One citizen, speaking for herself and many of the personnel at the hospital, expressed concern with the hospital becoming a huge corporation that no longer serves the public welfare. The Board debated whether or not to continue the public hearing. The issues raised by staff were addressed by the legal counsel for Northwest Healthcare. The consensus of the Board was to close the public hearing, forward a recommendation and not delay this matter for 30 days, since City Council will ultimately have to address the concerns with bonding. Considerable discussion followed amongst the applicants, city and county staff and Board members. The Planning Board perceived the issue of bonding to be one controlled exclusively by the City Council. The applicable regulations make it clear that the amount of the bond is set by the City Council, thus, the Planning Board has no jurisdiction to even consider the bond. If FRDO and City staff felt the application was incomplete without a bond (to be set by City Council) then the Board believes it was incumbent on staff not to set the application for public hearing and then recommend continuance based on the lack of a bond. The Board went through the findings of fact and incorporated findings as submitted by Northwest Healthcare. The motion to grant the rezone of the properties as requested by Northwest Healthcare to be known as Buffalo Commons PUD, and adopting the findings of fact as modified by Board discussion was passed on a 7-0 vote in favor. The Board's recommended findings of fact follows as Attachment A. This recommendation is being forwarded to the City Council for final action. Council needs to wait for the minutes of the planning board meeting prior to taking action, however this does not preclude discussion at Council workshop. Bruce Williams, City Manager Re: Buffalo Commons PUD April 11, 1995 Page 3 If you have any questions regarding the request, please contact the Commission or FRDO staff. Respectfully Submitted, MKALI PELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION C ,w Zi� oLetl Therese Fox Hash President TFH/eo Attachments: Attachment A FRDO Staff Report #KPUD95-1 Application Materials Minutes of 3/14/95 Board Meeting (To be sent under separate cover) c: David Greer Montana Planning Consultants P.O. Box 7607 Kalispell, MT 59904 Northwest Healthcare 310 Sunnyview Lane Kalispell, MT 59901 Glen Neier, City Attorney P.O. Drawer 1997 Kalispell, MT 59903 TRANS MIT\KP U D93-1.REC ATTACHMENT A EVALUATION OF NORTHWEST HEALTHCARE ZONE CHANGE REQUEST BUFFALO COMMONS PLANNED UNIT DEVELOPMENT BASED ON FINDINGS OF FACT BY KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MARCH 14, 1995 The statutory procedure for evaluating zone changes is set forth by 76-2-303, M.C.A. Findings of Fact for the zone change request are discussed relative to the criteria described by 76-2-304, M.C.A. Does The Requested Zone Comply With The Master Plan? The subject property is within the jurisdiction of the Kalispell City -County Master Plan. According to the map of the master plan, the property is currently designated "High Density Residential", with a maximum density of 40 dwelling units per acre, with some "Medical" to the southwest, and "Urban Residential" near the highway. The proposed Mixed Use RA-1 PUD concept is considered in compliance with the Master Plan. Is The Requested Zone Designed To Lessen Congestion In The Streets And To Facilitate The Adequate Provision Of Transportation, Water, Sewer, Schools, Parks And Other Public Requirements? This finding cannot be made. Congestion in the street is caused by an overburden on the street of traffic. The requested PUD zone without financial guarantees, as required by Ordinance, may cause undue congestion. This because traffic generation is a function of the intensity of uses that are allowed within a given area and access to that area. While the applicant has submitted a plan on paper that appears to be adequate, the applicant will not be the developer, so without those required financial guarantees for improvements this finding cannot be made. Generally the PUD concept is considered one of the better methods for dealing with the provisions of this section. Staff considers the Residential Mixed Use RA-1 PUD as an excellent method for developing this property. Will The Requested Zone Secure Safety From Fire, Panic And Other DanLrers? The development of this project would secure from fire, panic, and other dangers if safeguards are designed into the proposal. While each phase is generally designed to stand on its own, complete safeguards would require the funding necessary to ensure their installation. Development within this zone is subject to development standards including: lot coverage, maximum building height, and the provision of off-street parking. Will The Requested Chance Promote The Health And General Welfare? The purpose of the City's zoning ordinance is to promote the general health and welfare and does so by implementing the City -County Master Plan. The Master Plan generally would support the requested PUD. Designation of this area as Residential Mixed Use RA-1 PUD would serve the Flathead region with additional residential, medical, and commercial development. In addition, this area has direct access to a major highway making it a good location for medically related uses. The zoning ordinance provides a mechanism for public input and review for all zone change requests. This process offers an opportunity to ensure that any changes to the Official Zoning Map are done in the general public interest. Additionally, other review mechanisms are in place to ensure that development is in compliance with all applicable safety codes. Will The Requested Zone Provide For Adequate Light And Air? The RA-1 PUD proposal will provide an integrated system of open spaces and landscape amenities throughout all land use "pods". The proposed density of development is believed to be substantially less than permitted by the PUD regulations or by the underlying zoning district. Please, also, conuslt the PUD Narritive Supplement included with the application. Will The Requested Zone Change Prevent The Overcrowding of Land? Overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the property. The Subdivision and Zoning Regulations control the intensity requirements that a property can be developed with. Adequate infrastructure is in place or can be provided at the time of development to accommodate the land uses allowed in the requested zone. No significant negative impact is expected. Will The Requested Zone Avoid Undue Concentration Of People? Concentration of people relates to the land use permitted by a particular zone. The proposed zone change would not increase residential density in the area. Infrastructure exists or can be provided which supports the proposed change. The zoning ordinance covers the intensity of use that would be permitted in this zone. An undue concentration of people would result if the property is developed at a level which exceeds the environmental or service carrying capacity of the land which would not happen. The proposed zoning will insure that the site is properly developed. Does The Requested Zone Give Consideration To The Particular Suitability Of The Property For Particular Uses? The subject site is well suited for uses permitted within the proposed Residential Mixed Use RA-1 PUD. The property appears to be of adequate size and adequate access to facilities for the type of uses permitted in the proposed zone. Does The Requested Zoning Give Reasonable Consideration To The Character Of This District? The proposed PUD is designed to be compatible with the medical community and with the surrounding residential land uses. The PUD design includes a transitional land use theme as extending from the area of Grandview Drive to US Hwy 93. Land use density and intensity of uses increases in that direction. With few exeptions, the proposed uses would normally be compatible to RA-1, H-1, R-3, and B-1 zoning districts. The property is ideal for the intended uses due to its location, size, and compatibility with nearby land uses. Nearly 50% of the property is reserved for office or medical -related uses. Open space treatments and locational considerations provide for a logical blending of residential and samll retail uses with the medical land uses. Adequate public services are also readily avilable to serve the intended uses. Would The Proposed Zoning Conserve The Value Of The Buildinzs? The proposed uses are intended to complement the character of the surrounding properties and be built in a regulated fashion to insure excellence in design and function. The quality of the proposed PUD, as measured by the transportation system, extensive landscaping, provision of open space, architectural control, and scale of development are all positive elements that should add to the value of this and adjoining properties. Will The Requested Zone Chanffe Encourage The Most Appropriate Use Of The Land Throughout The Jurisdiction? The requested zoning classification would be consistent with the Kalispell City - County Master Plan. The Plan and the existing permitted uses under the zoning ordinance generally identifies this area for this type of concept. F:\...\TRANSMIT\1995\KPUD95-I.BUF (� i • T T� T �+ • CITY OF + D • STAFF REPORT P - MARCH 7,1995 Northwest Healthcare has petitioned to amend the Official Zoning Map of the City of Kalispell. The request is to rezone from RA-1, B-3, and H-1 to Residential Mixed Use Planned Unit Development in the RA-1 zone. The zone change request is subject to a public hearing before the Kalispell City -County Planning Board and Zoning Commission on March 14,1995, in the Council Chambers at City Hall, 312-1st Avenue East. PROPOSED ZONING CLASSIFICATION A Residential Mixed Use Planned Unit Development zoning classification is defined by the Kalispell Zoning Ordinance as: It is the intent of this chapter to provide a zoning district classification which may provide flexibility of architectural design and mixing of land uses while preserving and enhancing integrity and environmental values of an area. BACKGROUND INFORMATION PETITIONER/OWNER: Northwest Healthcare 310 Sunnyview Lane Kalispell, MT 59901 SIZE AND LOCATION: The properties are roughly 70 acres bounded on the east by Grandview Drive, on the west by US Highway 93, on the north by Parkview Terrace Subdivision, and on the south by Heritage Way and Sunnyview Lane. Access to this project would be from Grandview Drive, US Highway 93, Heritage Way, and Sunnyview Lane. The property is more particularly described in Exhibit "A" (map). ZONING AND LAND USE: The subject properties are currently zoned H-1, RA-1, and B-3.and are mostly vacant. The surrounding zones and land uses are as follows: north City RA-1, R-3, and R-4 with residences; south City H-1, with miscellaneous medical and residential uses; east City RA-1 and R-3 with residences and County R-1 with residences; west City R-3 and R-4 with residences, church, and funeral home. 1 c III IARA : ! *Kole 4 The statutory procedure for evaluating zone changes is set forth by 76-2-303, M.C.A. Findings of Fact for the zone change request are discussed relative to the criteria described by 76-2-304, M.C.A. Does The Requested Zone Comply With The Master Plan? The subject property is within the jurisdiction of the Kalispell Clty-County Master Plan. According to the map of the master plan, the property Is currently designated "High Density Residential", with a maximum density of 40 dwelling units per acre, with some "Medical" to the southwest, and "Urban Residential" near the highway. The proposed Mixed Use RA-1 PUD concept is considered in compliance with the Master Plan. :Is The Requested Zone Designed To Lessen Congestion In The Streets And To Facilitate The Adequate Provision Of Transportation, Water Sewer Schools Parks And Other Public Requirements? This finding cannot be made. Congestion in the street is caused by an overburden on the street of traffic. The requested PUD zone without financial guarantees, as required by Ordinance, may cause undue congestion. This because traffic generation is a function of the intensity of uses that are allowed within a given area and access to that area. While the applicant has submitted a plan on paper that appears to be adequate, the applicant will not be the developer, so without those required financial guarantees for Improvements this finding cannot be made. Generally the PUD concept Is considered one of the better methods for dealing with the provisions of this section. Staff considers the Residential Mixed Use RA-1 PUD as an excellent method for developing this property. However, a number of issues arise when analysis of the document is performed. One Issue that arises is the phasing schedule. Alternative phasing schedules are proposed, the most significant impact is if Phase 3 is developed first (as indicated, pg. 40) and the balance of the phases are abandoned then the Council would be obligated to approve a commercial zone on the commercial portion. This on the surface may not appear to be significant. But if a straight rezone had been requested for commercial along the highway the request would be denied because the Commercial Is not in conformance with the Master Plan without the PUD. Financial guarantees that the PUD will be Installed as approved are required by ordinance to alleviate this concern. This then brings forward another question, that is of financial guarantees that all the improvements will be installed as required by Section 27.21.030(5)(m). This Section states: "The city council shall require bonding or any other appropriate collateral to ensure that all required improvements shall be satisfactorily completed in accordance to the approved plans, specifications and time schedule." The representative of the applicant has Indicated that this would be the responsibility of the developer (meaning future and existing developers). This mere statement is not adequate to ensure compliance with this section of the Ordinance. No proposal for bonding or the like has been proposed to help alleviate this concern and comply with the Zoning Ordinance requirement. E Costs not accounted for include: the cost of the traffic signal at Northridge Drive and US Highway 93, internal roads, curbs, gutter, sidewalks, water, sewer, power (infrastructure), park, and drainage improvements. As a result of these concerns and those under the Discussion section, a finding cannot be made that this project is designed to lessen congestion in the streets and to facilitate the adequate provision of transportation, water, sewer, schools, parks and Other public requirements. Will The Requested Zone Secure Safety From Fire, Panic And Other Dangers? The development of this project would secure from fire, panic, and other dangers if safeguards are designed into the proposal. While each phase is generally designed to stand on its own, complete safeguards would require the funding necessary to ensure their installation. This was described above regarding adequate infrastructure including safeguards regarding financial guarantees. Development within this zone is subject to development standards including: lot coverage, maximum building height, and the provision of off-street parking. These will be discussed later. Will The Requested Change Promote The Health And General Welfare? The purpose of the City's zoning ordinance is to promote the general health and welfare and does so by implementing the City -County Master Plan. The Master Plan generally would support the requested PUD. Designation of this area as Residential Mixed Use RA-1 PUD would serve the Flathead region with additional residential, medical, and commercial development. In addition, this area has direct access to a major highway making it a good location for medically related uses. The zoning ordinance provides a mechanism for public input and review for all zone change requests. This process offers an opportunity to ensure that any changes to the Official Zoning Map are done in the general public interest. Additionally, other review mechanisms are in place to ensure that development is in compliance with all applicable safety codes. Will The Requested Zone Provide For Adequate Light And Air? Many of the proposed permitted uses listed in the document under Professional Medical Facilities and under Multi -family would be required to obtain a Conditional Use Permit if proposed under the RA-1 zone. This PUD concept would eliminate the Conditional Use Permit and allow these uses to be constructed without benefit of Planning Board or City Council review. While staff generally supports this concept, concerns arise because of the lack of development control criteria regarding parking, landscape, lot coverage, and building design. In addition, the controls for height limitations (especially along the highway and the north boundary), setbacks, and specific design standards for the structures themselves are lacking. kj Will The ReauestedZone_ Change Prevent The Overcrowding of land? Overcrowding of land occurs when development out -paces or exceeds the environmental or service limitations of the property. The Subdivision and Zoning Regulations control the intensity requirements that a property can be developed with. Adequate infrastructure Is In place or can be provided at the time of development to accommodate the land uses allowed in the requested zone. No significant negative impact is expected. Will The Requested Zone Avoid Undue Concentration Of People? Concentration of people relates to the land use permitted by a particular zone. The proposed zone change would not Increase residential density In the area. infrastructure exists or can be provided which supports the proposed change. The zoning ordinance covers the intensity of use that would be permitted In this zone. An undue concentration of people would result If the property Is developed at a level which exceeds the environmental or service carrying capacity of the land which would not happen. The proposed zoning will insure that the site is properly developed. Does The Requested Zone Give Consideration To The Particular Suitability Of The Property For Particular Uses? The subject site is well suited for uses permitted within the proposed Residential Mixed Use RA-1 PUD. The property appears to be of adequate size and adequate access to facilities for the type of uses permitted in the proposed zone. Does The Requested Zoning Give Reasonable Consideration To The Character Of This District? A set of criteria for staff to review applicability of the proposal is within Section 27.21.030 of the Zoning Ordinance. Subsection (4)(e) Includes 10 items for Residential Mixed Use PUD. Items 2, 3, 5, and 7 relate to the mix of uses that may be permitted and are stated as follows: 2). The predominant land use character of the district must be residential; 3). The residential uses appropriate to a Mixed Use PUD In a residential district are as permitted in a Residential PUD; 5). The combined area of all commercial uses cannot exceed thirty-five percent (35%) Including the area of all associated facilities, such as parking; 7). industrial and noncompatible commercial uses are not permitted. Commercial uses that may be permitted include all uses permitted or conditionally permitted in B-1, B-2, and B-3 zones with the following exceptions, which will not be permitted: 0 Automobile commercial parking enterprises; automobile sales; automobile rental agency office; automobile service stations except those with pump services only; boat sales; car washing and waxing in conjunction with an automobile service station; food processing plant; casinos; motels/hotels; plumbing and heating materials retail and service; wholesale and "jobbing" establishments. The proposal includes 21% "Retail Commercial/Office"; this would leave 14% of the balance of the available area to non-residential types of uses. There is no indication as to how the "Professional/Medical Facilities" area would address this issue. As it Is proposed, an unlimited number of non-residential uses would be permitted which could allow up to 68% of the area of the PUD to be non-residential In character. Included within the Professional Medical Facilities category is a subcategory called "OUTPATIENT SUPPORT FACILITIES". The uses that are proposed include: Dining, Entertainment, and Overnight accommodations. Staff does not feel that these uses are "Professional Medical Facilities" nor are they residential in character. Would The Proposed Zoning Conserve The Value Of The Buildings? The subject request does have the potential to significantly impact the residential properties to the north. Without substantial land development controls, and the removal of the Conditional Use Permit approval requirement, it appears to be Impossible to make the finding that a 4-plex at 35 feet in height 20 foot from the north property line would negatively impact the single family development to the north. Will The Requested Zone Change Encourage The Most Appropriate Use Of The Land Throughout The Jurisdiction? The requested zoning classification would be consistent with the Kalispell City - County Master Plan. The Plan and the existing permitted uses under the zoning ordinance generally identifies this area for this type of concept. DISCUSSION Listed below are a number of concerns staff has with the document submitted by the applicant in general. 1. Northwest Healthcare does not appear to have a very high level of commitment to the project because of their unwillingness to guarantee improvements and that fact that they propose to sell off phases 1 through 4 prior to development. 2. A detailed index needs to be Inserted for quick reference to discussion of specified information 3. On the Map, remove any reference to abandoning Heritage Way. 5 =4. -A single set of Covenants covering the entire development should be created to allow for all developers and property owners to know what will be constructed throughout this development. Included in this set of covenants would be a map of the various areas. S. On Page 11: The retail commerclai/office designation permits an unlimited number of hosphotels; a. Where In the "Retail Commercial" Is the hosphotei proposed? b. How is this facility going to be managed to ensure whatever ratio is approved, if it is approved, would be guaranteed/managed? C. 35 feet is felt to be too tall with only a 25 foot setback from the highway. Dr. Higgs' Conditional Use Permit required an additional minimum setback. d. Since Conditional Use Permits would not be required, a stronger set of development standards needs to be created. e. Single structure includes, in the commercial, 4 retail spaces - elevations Indicate more spaces and only a single story, .35 feet is certainly in excess of one (1) story. The sentence after the 4 retail structures indicates that "Ali other uses specifically listed above have no specific size limitations..." The document needs clarification as to the ramifications of that statement or remove It. 6. The PUD requires the predominant land use character of the district must be residential. The PUD covers 69.8 acres. A breakdown of the proposed uses is: a. Residential: 14.45 acres is Single Family Residential 6.95 acres is multi Family Residential 21.40 acres total is residential which equals 30% of the land area b. Commercial/Professional Medical Facilities: 15.27 acres is retail Commercial/Office 33.13 acres Is Professional Medical Facilities 48.4 acres is non-residential (Commercial) which equals 70% C. The nature of this PUD appears to be commercial In character, not residential with a 70-30 split between PUD categories. 0 t . d. The Professional Medical Facilities should have a ratio or other means to govern the residential to commercial ratio to bring this PUD in conformance with the Zoning Ordinance 7. Engineering: a. Fire hydrants will be approved by the City of Kalispell Fire Chief. b. All PUD/phases should be freestanding, including necessary facilities to add additional phases. C. Under roads: utilities should be stubbed out to future roads phases and included primary stubs for future subdivisions. 8. - Page 17: a. Drainage should be retained onsite, french drains have been shown not to work. If the parkland is to be used as retention areas (as proposed) it cannot be used as park. b. Sidewalks include boulevard street trees. No sidewalks adjacent to the streets; 9. Page 20: a. Table 4 indicates projections based on intensity. Limitations should be placed in this PUD land use section to coincide with this table. The Single Family homes are indicated at 34 units. In addition, this type of development needs to be indicated as detached single family. 10. Page 21: a. No waivers for sidewalks should be entertained. 11. Elevations: a. "Small Wail Sign". How big is "small"? Generally, the signage section lacks limitations. In addition, the commercial enterprises will want Highway signag ow will this be accommodated. 12. Page 22: a. "Architectural review authority" When will it be created? 13. Elevations: a. How much standing do these have with regard to actual building construction/design? 7 b. When subdividing the individual phases the developer will install sidewalks, curb, gutter, retention areas, street trees not otherwise Installed by Northwest Healthcare. if the Commercial Is not subdivided the developer will Install the above. 14. Page 28: a. Open spaces/parks - property ownership - City will not accept these parks in fulfillment of parkland requirement. They are for the benefit and use of these subdivisions and their residents and not for the general good of the CIty's Residents. Cash in - lieu will be required. 15. Page 29: a. Any bike lanes need to be coordinated with the City's Parks Department. 16. Page 30: a. See above - cash in lieu. b. Common areas 1-5 are not labeled on maps contained in the document all maps referenced in the document need to be reduced and included in the document. 17. Page 31: a. Trees - The City is willing to accept this In written request form each respective year during budget time for council review and approval. The planting and species selection will conform to the City standards and be approved by the Director of Parks and recreation. b. All landscaping is required to be irrigated. C. Responsibility for bike lane signing needs to be decided upon. Consult with Public Works. 18. Page 38: a. Formally abandon all lot lines and parcel lines to create this five phase development. b. Subphasing of the five should not occur. C. Again -all phases are to be freestanding developments, improvements to be coordinated. d. Bonding, SID or other form of funding needs to be created to ensure Improvements. 19. Phasing: _ a.+No subdivision proposal has been submitted. One should be to _coincide with the approval of any Phased PUD. This would seem to facilitate development in the future. b. in order to maintain the integrity of the phasing plan- no subphasing should be permitted. 20. Page 39: a. Who pays for the signal at US Highway 93 and when. Who determines the 3000 ADT threshold has been met? b. Rough grading of entire road system will create mud bogs and blowing dust, the NW Healthcare needs to bond for improvements C. What happens if future phases do not come on line? What is the outcome of this PUD? Zoning needs to be proposed that would be consistent with the existing Master Plan if the phasing schedule is approved and then the PUD is abandoned. 21. Page 40: a. SCENARIO - Phase 3 is developed first and a portion or the balance of the PUD is abandoned. The regulations would require that Phase 3 be zoned Commercial which is not in conformance with the Master Plan if the PUD is abandoned. This puts the City Council in a potion that would require them to approve a zone change not in conformance with the Master Plan. A solution to this needs to be worked out. b. What happens under alternate phasing plan to the phase that is displaced? Perhaps the Alternate Phasing plans should be eliminated and the Commercial be Phase 5. 22. Phasing Plats - add roads to complete connections 23. Page 47: a. Roads are to be constructed at 36' back of curb to back of curb for residential streets. 40 feet back of curb to back of curb for collectors which also need to be identified (the phasing plats indicate 42 feet). For the Commissions' convenience staff has included the applicable PUD sections of the Zoning Ordinance as Exhibit B attached. Given the number of questions and concerns involving this document staff cannot make a recommendation for approval and given the importance of this project a denial should not be made. it Is recommended that the Kalispell City -County Planning Board and Zoning Commission continue the Public Hearing to the April hearing for the requested zone change so that the concerns of the City can be adequately addressed by the applicant and their representative. 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Tip }iLttJ � i r ,; •:}III::: !;: ' : ?: ...... t ADO 1 7t4 7tt it ; 7}�wv,., >.. ii1 J L442 —. L E®Ei�f�i: OR TEU -- 1vRlrrll. a�r st r 21 .'•. • � • A �y J t tf y� tALri►TLt NO. ,. ��f ° EXHI BIT FRDO STAFF REPORT EXHIBIT B 27.21.010: Intent. It is the intent of this chapter to provide a zoning district classification which may provide flexibility of architectural design and mixing of land uses while preserving and enhancing integrity and environmental values of an 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 shall submit an application to the zoning commission for a change of zoning from the existing district to a proposed PUD district or for creation of a PUD district on annexation of the property into the city. The application shall be accompanied by a preliminary plan containing the information required in Section 27.21.030(5). In cases Where the development will be executed in increments, a schedule showing the time within each part will be filed and completed, shall also be included in the application. (2). Review of Application: Upon submission of the application and preliminary plan, the zoning commission shall review such application and plan based on the following: (a). The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest; (b). The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; (c). The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; (d). The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; (e). 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 plan which finding shall be made only after consultation with the city attorney; and maintain the integrity of the plan which finding shall be made only after consultation with the city attorney; (f). Conformity with all applicable provisions of this chapter. (3). Action by the Zoning Commission. The zoning commission shall review the plans and shall hold a public hearing on the application pursuant to Section 27.30.030. Within thirty days after the public hearing, the zoning commission shall submit Its recommendations to the city council. The zoning commission may recommend approval in whole or In part, with or without modifications, or recommend disapproval. Such recommendations shall Include: (a). Lot area; (b). Uses; (c). Ratios of floor space to land area; (d). Area in which structures may be built ("buildable area"); (e). open space and landscaping; (f). Setback lines and minimum yards; (g). Building separations; (h). Height of structures; (1). Signs; (j). Off-street parking and loading spaces; M. Design standards; and, (1). Phasing of development. (4). Action by the City Council. The City Council shall consider the recommendation of the Zoning Commission and, pursuant to a public hearing called by them within 60 days following receipt of the recommendation, may affirm, modify or deny the PUD plan. if the plan is approved, the applicant shall submit a final plan in accordance with the approval of the City Council. When the City Council approves the final plan and plat, the area of land involved shall be redesignated as a PUD district by ordinance which shall Incorporate the final plan, including any conditions or restrictions that may be imposed by the City Council. Each PUD district created shall be numbered consecutively, e.g., PUD-1, PUD-2, etc. (5). Effect of Approval. The final plat as approved, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the plan. (6). Abandonment or Expiration. The Zoning Administrator or other appropriate city official shall monitor the Planned Unit Development for compliance with the completion schedule set forth in the approved development plan and to assure that all Improvements have been made in accordance with the approved development plan. Notice of noncompliance with completion schedule or failure to Install improvements in accordance with approved development plan shall be delivered In writing to the land owner and/or developer. Within ninety days of the notice of noncompliance or notice of failure to complete Improvements, the land owner and/or developer may apply to the City Council for an extension of time. Said application shall set forth a proposed completion schedule and/or new time table for installation of the improvements. Upon the application of the land owner and/or developer, the City Council may grant only one extension. Upon the abandonment of a development authorized under this section, the Zoning Commission or City Council shall initiate an amendment to the Official Map so that the land will be rezoned in a category or categories which most nearly approximate its then existing use or such other zoning category or categories which it deems appropriate or into the category or categories it held before being zoned as a PUD district. (Abandonment shall be deemed to have occurred when no improvements have been made pursuant to the approved development plan for a period of twelve months or upon the expiration of the completion schedule approved as a part of the development plan for a development which has not been completed. Improvements as used in this section shall mean those activities, excluding design and financing, necessary for the orderly development of property; including installation of private and public roads, sidewalks and curbs, public and private utilities, street lighting, construction of buildings and landscaping, and other changes in the property designed in the approved development plan). (7). Limitation on Rezoning. The Zoning Commission shall not initiate any amendment to the zoning ordinance or Official Map concerning the property involved in a Planned 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 imposed therein. From and after approval of the Planned Unit Development by the City Council under Sections 27.21.020(4) and 27.21.020(5) the building official is authorized to issue appropriate permits complying with approved plan. 27.21.030: Standards for Planned Unit Development District (PUD). (1). Location of PUD. A PUD district 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. (2). Land Area Requirement. The minimum land area required for a change to or designation as a PUD shall be two acres and shall be under single ownership. In determining whether minimum area requirements for a PUD district have been met, computations shall include the entire area within the boundaries of the district proposed, including the area of streets. Lands in such districts may be divided into streets, but shall be so located, dimensioned and arranged as to permit unified planning and development, to meet all requirements for PUD districts and to provide adequate protection for uses within the district and in surrounding areas. (3). Establishment of PUD Districts. The following locational criteria shah govern the type of planned unit developments that may be reviewed and approved by the City Council. (a). Residential PUD District. Residential PUD districts can be established only in areas zoned R-1 through R-4, RA-1 through RA-3 districts or directly upon annexation In any area designated as "residential" In the Kalispell City -County Master Plan. (b). Commercial PUD District. A commercial PUD district may be established in B-2 through B-5 zones, or may be applied directly upon annexation into the City in accordance with the Kalispell City -County Master Plan. (c). Industrial PUD District. An Industrial PUD may be established In 1-1, 1-2, and B-5 zones or may be applied directly upon annexation into the city, in accordance with the Kalispell City -County Master Plan. (d). Mixed Use PUD. Based on site plan review, and after establishing compatibility with the adjoining land uses and determining that the adverse environmental impacts shall only be minimal and can be mitigated, the City Council may allow a Mixed Use PUD In any district which qualifies for a Residential, Commercial, or Industrial PUD. (4). Use Regulations. The following regulations shall apply to permitted uses and densities in various types of Planned Unit Developments. (a). Residential PUD. Within a Residential PUD District, the uses and structures permitted in R-1 through R-4 zones and RA-1 through RA-3 zones shall be allowed. Residential dwelling unit densities within a proposed residential PUD district shall be as follows: Residential PUD Created R-1 District R-2 District R-3 District R-4 District RA-1 District RA-2 District RA-3 District Maximum Permissible Density 3 dwelling units/acre 5 dwelling units/acre 7 dwelling units/acre 10 dwelling units/acre 24 dwelling unitslacre 33 dwelling units/acre 33 dwelling units/acre Commercial uses may be allowed in residential PUD district, provided: 1). Such establishments and their parking areas shall not occupy more than ten percent (10%) of the land area of the Planned Unit Development district of gross area 5.0 acres or more. For those under 5.0 acres in area, the permissible gross commercial area shall be IV subject to negotiation with the Zoning Commission and the City Council but shall not exceed 10% of the land area. 2). Such establishments shall be limited to trade and service facilities such as small retail stores, coin -operated laundry and dry cleaning establishments, beauty shops and barber shops. However, service stations and repair garages shall not be permitted; 3). Such establishments shall be so located, designed and operated as to serve primarily the needs of persons within the district and not persons residing elsewhere; 4). No building permit for any convenience commercial establishment shall be issued nor may any building be used for convenience commercial establishment before sixty percent (60%) of the dwelling units contemplated in the development plan have been built and ready for occupancy; 5). The acreage proposed for commercial use and its parking shall be excluded from the gross acreage when computing total allowable dwelling units. (b). Commercial PUD. The uses permitted in a Commercial PUD district shall be the same as those permitted as Conditional or otherwise in the zoning classification associated with the PUD created. For example, in a B-3 PUD, all permitted and conditional uses in a B-3 zone may be allowed. (c). industrial PUD. The uses permitted in an industrial PUD district shall be the same as those permitted as a Conditional Use or otherwise, in the zoning classification associated with the PUD district created. For example, In an 1-1 PUD district, all permitted and conditional uses associated with an 1-1 zone, may be allowed. (d). Non -Residential Mixed Use PUD. The uses appropriate to a Mixed Use PUD located in any district which qualifies for a Commercial or Industrial PUD shall be determined by the City Council in conjunction with the PUD preliminary approval on the basis of (a) their compatibility with the surrounding land uses and (b) their compatibility with one another. (e). Residential Mixed Use PUD. A Mixed Use PUD proposed in a residential district [refer to 27.21.030(3)(a)) may be permitted with both residential and commercial uses as per the following criteria: 1). The minimum land area for a Mixed Use PUD in a residential district is twenty (20) acres. 2). The predominant land use character of the district must be residential; v r _ 3). The residential uses appropriate to a Mixed Use PUD in a residential district are as permitted in a Residential PUD; 4). The maximum permissible building height is 35 feet; 5). The combined area of all commercial uses cannot exceed thirty-five percent (35%) Including the area of all associated facilities, such as parking; 6). The maximum permissible ground coverage including all roads, buildings, and other areas of impervious coverage must be less than 70%; 7). Industrial and noncompatibie commercial uses are not permitted. Commercial uses that may be permitted include all uses permitted or conditionally permitted In B-1, B-2, and B-3 zones with the following exceptions, which will not be permitted: Automobile commercial parking enterprises; automobile sales; automobile rental agency office; automobile service stations except those with pump services only; boat sales; car washing and waxing in conjunction with an automobile service station; food processing plant; casinos; motels/hotels; plumbing and heating materials retail and service; wholesale and "jobbing" establishments. 8). Vehicular access to all uses and/or activities of the Mixed Use PUD shall be limited to the Internal road system of the Mixed Use PUD. Frontage of uses on a perimeter road/highway system shall be prohibited. 9). Such commercial establishments shall be architecturally harmonious and compatible with the associated residential uses and primarily serve the needs of the persons residing in the district and those in the immediate vicinity; and, 10). in the event that plans for a Mixed Use PUD Include a commercial use not specifically provided by Section 27.21.030(4)(de)7), then the City Council of Kalispell shall make a determination on whether such use is generally compatible with residential uses and with the "mix" of uses proposed in the PUD. (5). PUD Preliminary Plan. The property owner applying for a PUD district classification shall submit three copies of a PUD preliminary plan which shall contain the following information. If a PUD also involves a subdivision, the submittal shall also include the Information and documents required for application stated in the Kalispell Subdivision Regulations. vi (a). Proposed dimensional layout plan super -imposed on a two to five foot interval topographic map of the area drawn to a scale not less than one inch equals two hundred feet showing all streets, buildings, open space, lots and other elements basic to the development; (b). 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; (c). Proposed plans for handling vehicular traffic, parking, sewage disposal, drainage, water supply, site perimeter treatment and other pertinent site development features; (d). 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; (e). The plan shall show the boundary lines of adjacent subdivided or unsubdivided land and the existing zoning of the area proposed to be changed to PUD as well as the land adjacent thereto; (f). An enumeration of covenants in detail proposed to be made a part of the PUD and shall be enforceable by the City Council; (g). A statement expressing the order in which the development shall occur and estimated time for completing the development. in case of a phased development, estimated time schedule for starting and completing each phase of the development shall be provided; (h). Adequate provisions shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities, including private streets jointly shared by each property owner, if such facilities are a part of the Planned Unit Development, and in such instance, legal assurances shall be provided which show that the private organization is self-perpetuating and adequately funded to accomplish its purposes. Real property taxes of the private streets and common areas shall be assessed as levied pro rata to all privately owned parcels within the district; W. Adequate provisions shall be made for common facilities which are not dedicated to the public to be maintained to standards assuring continuous and adequate maintenance at a reasonable and nondiscriminatory rate of charge to be beneficiaries thereof. Common facilities not dedicated to the public shall be operated and maintained by the private organization and at no expense to any governmental unit; Q). All private streets shall be maintained by the aforesaid private organization in such a manner that adequate and safe access is provided at vii all times to vehicular traffic so that fire, police, health, sanitation and public ,.� utility vehicles can serve the properties contiguous or adjacent thereto and so that said vehicles will have adequate turning area; W. The off-street parking to be provided shall meet the minimum standards for off-street parking as per Chapter 27.26 of the Kalispell Zoning Ordinance; (1). Where a PUD also involves a subdivision of land, It shall also meet the requirements of the Kalispell Subdivision Regulations and the Montana Subdivision and Platting Act; (m). The city council shall require bonding or any other appropriate collateral to ensure that all required Improvements shall be satisfactorily completed In accordance to the approved plans, specifications and time schedule; and, (n). Any other Information, plans and details which the Planning Board and/or city council may desire to fully evaluate the development proposal and its impacts. (6). Preparation of Final Plan. Upon approval of the preliminary plan by the city council, the property owner may proceed with the preparation of the PUD final plan which shall: (a). Incorporate all the conditions imposed bythe City Council at the time of approval of the preliminary plan; (b). Have the following certification on the face of the plat: 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 Property Ownerl/Developer Approved this day of ,19 , by the Kalispell City Council. Attest: City Finance Director (7). Piling and Maintenance of Final Plan. The applicant shall submit four signed copies of the PUD, final plan and related documents to the Flathead Regional Development office. Upon approval by the City Council, one signed copy of the plan shall be returned to the applicant, a signed copy shall be retained on file in the City Finance Directors office and one signed copy each shall be forwarded to the Flathead Regional Development Office and the city building official. Ix Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 To: Kalispell City/County Planning Board and Zoning CommissiQn From: John Parsons, Flathead Regional Development Office 9P Date: March 14, 1995 Subject: Buffalo Commons PUD Section 27.21.020(2)(e) of the Kalispell Zoning Ordinance states that: 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 plan which finding shall be made only after consultation with the city attorney. The City Attorney has not concluded his review of the terms and conditions proposed to protect and maintain the integrity of the plan. This Commission is required to, but cannot, make this finding. As a result, this requirement precludes the Kalispell City/County Zoning Commission from making a recommendation on the requested PUD. It is therefore recommended that the Commission continue this case to the April 11, 1995 hearing. ...\BUFCOMM.MEM Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish 723 5th avenue East - Room 414 April 6, 1995 Kalispell, Montana 59901 City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 RE: Kalispell Zoning Ordinaince Teat Amendment Hosphotel in RA-1 and. JR-1 Zones Dear Bruce: Phone: (406) 758-5780 The Kalispell City -County Plannin Board5�d Onil-t; C�� anion in regular session on Tuesday, March 14, 199)%, and a public he � +gin the followings A request by Northwest # t o. n=�� d V f1ispell Zoning Ordinance Text, to allow hate&-, sxspitals: in the RA-1 and H-1 zones and to fy.a. , John Parsons, of FRDO presented s�-h recommended the text amendment be denied based awr of the use in not keeping with the spirit of the nei' °b The CEO for Northwest Healthcare 4Wsf mid text amendment, stating the numbers for an 8:2 raMaof the hosphotel was driven by the business plan.plan.tW € Yw self supporting. One person spoke in opposition tto; r 4ichou1d directly compete with his business. He ex ,e firmneial impacts to his business, and wanted to kr,;x of the hosphotel. These concerns were discussed, and t. be reflected in the numbers. Thew zoning text amendment modifying -,the be reserved for patients and ffHwL amendment to allow hotels in asses " t: and to define this type of facilit;S. x` opposed and 1 abstained. It is recommended that the text : off t follows: The amendment includes the: ors.. as a permitted use in the RAC--11 proposed to be called a Hosp This request has been ame Residential Mixed Use PUDi", 1 of the hosphotel to approve the of the beds requested tex' N d H-1 zon, a( 4 in favor; Providing Cohn k • Flathead County • City of Coluin :. Bruce Williams, City Manager Re: Zoning Text Amendment - Hosphotel in RA-1 and H-1 April 6, 1995 Page 2 The proposed definition for this type of facility is: "A public lodging facility located in close proximity to major medical care facilities which includes a minimum number of beds or rooms reserved at a reduced rate according to 'ability to pay' for patients (and/or) family members. Said facility shall not exceed a height of 35 feet nor provide more than 50 total sleeping rooms or 60 total beds. At least 10% 30% of the beds shall he reserved for patients and/or family members." This recommendation is being forwarded to the City Council for final action. Council needs to wait for the minutes of the Planning Board meeting prior to taking final action on this matter. However, this does not preclude Council discussion at its workshop. If you have any questions regarding this request, please contact the Commission or John Parsons at FRDO. Respectfully Submitted, KA,LWPELL CITY, -,COUNTY PLANNING BOARD AND ZONING COMMISSION T 64-kerese Fox Hash President TFH/JJP/eo Attachments: FRDO Report #KZTA-95-01 Minutes of 3//14/95 meeting forwarded separately F:\FRDO\TRANSMIT\KZTA95-1..TR %l N Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 TO: KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION FROM: JOHN PARSONS, SENIOR PLANNER RE: ZONING TEXT AMENDMENT - HOSPHOTEL IN RA-1 AND H-1 DATE: March 4, 1995 A public hearing has been scheduled for the March 14, 1995, Kalispell City -County Planning Board and Zoning Commission meeting to discuss a proposed amendment to the adopted Kalispell Zoning Ordinance. The amendment includes the creation of a new land use and allowing this use as a permitted use in the RA-1 and H-1 zoning classifications. The new use is proposed to be called a Hosphotel. This request has been amended to allow One (1) Hosphotel as part of a Residential Mixed Use PUD. The proposed definition for this type of facility is: "A public lodging facility located in close proximity to major medical care facilities which includes a minimum number of beds or rooms reserved at a reduced rate according to 'ability to pay' for patients (and/or) family members. Said facility shall not exceed a height of 35 feet nor provide more than 50 total sleeping rooms or 60 total beds. At least 10% of the beds shall be reserved for patients and/or family members." This request has been amended to read "At least 20% of the beds ...". ANALYSIS: This type of facility can benefit both the public and a hospital by providing lodging to those patients and/or family members whose close proximity and support is so valuable a commodity in the recovery of patients from the trauma of surgery or the like. Northwest Healthcare provides northwest Montana with a regional healthcare facility. Being regional in nature many patients and families have to travel for their services. This facility would allow a hotel with 20% of the rooms available to patients and families. Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish As part of the Residential Mixed Use Planned Unit Development additional review as to the location, height, architecture, parking, etc., and the way in which the ratio of rooms would be governed could be obtained. When this concept was first being discussed the City and myself were supportive of this concept. This was based on the impression left by the applicants representative that the ratio was to be more like 50/50. However, if that ratio was found to be unrealistic then a reduction in this ratio may be warranted. The specific exclusion of hotels/motels from the Residential Mixed Use PUD was in part to eliminate a high impact commercial use needing regional support in favor of the more neighborhood oriented type of commercial uses. As such, a Hosphotel with a ratio of eight (8) commercially available rooms to two (2) rooms available to patients and/or their families is not in keeping with the spirit of the Ordinance. Therefore, staff cannot support this change as proposed. If the applicant wishes to provide overnight accommodation for the patients and their families and help offset the cost by opening a commercial hotel as part of this facility then a ratio closer to 50/50 as originally anticipated, should be proposed. RECOMMENDATION: It is therefore recommended that the text amendment as proposed be recommended for denial to the City Council. \Reports ... 1KZTA95- l .NWH Ll D El El FRDO file No Z 7"A• 4S- / Date ccepted -:2/ �tS Rece.Lpt No .173 3 q 7 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL_ 1. NAME OF APPLICANT: Northwest Healthcare C\O William Dies 2. MAIL ADDRESS. 310 Sunnyview Lane 3. CITY/STATE: Kalis^ell Mt 59901 PHONE: 752-1724 Q. INTEREST IN PROPERTY: Owner 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT XXXX IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? The DroDosed text amendment would be to amend the Kalispell Zoning Ordinance by addina the use "Hosi)otel" or "Hospitel" as a permitted use in RA-1 and H-1 zor_i na districts. A definition. for "Hos-oHotel" and/or "Hospitel " i s • "A nublic lodai na facility located in close proximity to ma;or medical care facilities which includes a minimum number of beds or rooms reserved at a reduced rate accordina to "ability to nav" for patients and/or patient familv members. Said facility shall not exceed a heiaht of 35 feet nor Drovide more than 50 total sleenina rooms or 60 total beds. A` least 109of the beds shall be reserved for patients and/or family members." IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the subject property: B. Legal description: (Lot and block of subdivision or tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the property is: D. The proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: HOW WILL THE PROPOSED ZONING MAP CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. PMM2tina the Master Plan: The Kalispell City -County Master Plan identifies "Medical -Professional" and "High Density Residential" land use designations in the area of Kalispell Regional Hospital. The proposed use is customary to many hospital centers where outpatient services, in particular, are offered to patients from distant locations, such as Libby, Eureka, or Polson. HospHotels offer a service to the patient and/or family members by offering subsidized boarding costs. This type of facility is a compatible land use to a Medical -Professional district. B. Lessenina congestion in the streets and RngZidinq safe access: A 50-unit HospHotel is likely to generate less vehicle traffic than many of the other non-residential uses permitted in the H-1 & RA-1 districts. Other more vehicle -intensive uses are likely to include medical offices, restaurants, and hospitals. C. Promoting safety from fire Manic and other danagrs- By definition, a HospHotel must be in close association with major medical facilities. In addition, a boarding structure of this type must be built in accordance to uniform building codes and have access to a full range of public services, including fire protection. D. Promotina the Public interest health comfort convenience safety and general welfare:- The purpose of the proposed use is to offer general convenience and assistance to a targeted population in a safe, economical, and comfortable fashion. E. Providing adeauatp light and air: The setback, bulk, and dimensional standards of the underlying zoning district will ensure the adequate provision of Light & Air. F. Preventina the overcrowding of land*- City permit requirements will ensure that the use is adequately served with roads, water supply, parking, open space, and sewage collection facilities so as to prevent "overcrowding of land". HospHotel Text Amendment 2 G. Avoiding undue concentration of Population:_ By definition, the use is nct intended to be a large commercial. structure. Occupancy is limited to a maximum room & bed count. H. Facilitatina the adequate Provision of transportation. water. sewage, schools, Parks, and other public requirements: The proposed use must be located in close association with an adequate transportation system, water delivery system, and sewage collection system to be feasible. Extension of services will be required if absent. I. Givina reasonable consideration to the character of the district: Both RA-1 and H-1 zoning classifications encourage medical -related uses. The proposed HospHotel is intended to be a support facility to such uses. J. Givina consideration to the peculiar suitability of the property fpr particular uses: The logical location for such a use would be in close proximity to a hospital and associated outpatient services. kiK. Protecting and conserving the value of buildings: The proposed use should have no adverse impact on adjoining property values if properly located and "mixed" within the neighborhood community. L. Encouraging the most appropriate use of land by assuring orderly growth: By be to a specific location within the definition, the use would restricted City where it would be most appropriate. ---------------------- -------------------------------------------------------------------------- The signing of t' application si ifies approval for F.R.D.O. to be present on the property for route, :nonitor4 g and inspection during the approval process. (Applicant) (da e) 71 HospHotel Text Amendment 3