Loading...
Ordinance 1548 - PUD Overlay - Westwood Park Subdivisione e- ORDINANCE NO. 1548 P. 6 y. #V :2 a 3 ° AN ORDINANCE TO AMEND SECTION 27.02.01.0, OFFICIAL ZONING MAP, CITY of KALISPELL ZONING ORDINANCE, (ORDINANCE No. , BY ADDING A PLANNED NIT DEVELOPMENT OVERLAY ON PROPERTY CURRENTLY ZONED CITY RA-1, LOW DENSITY RESIDENTIAL APARTMENT, MORE PARTICULARLY DESCRIBED AS ASSESSOR"S TRACTS 2CK, 2CH AND 2CE LOCATED IN SECTION 12, TOWNSHIP 2 NORTH, , RANGE 22 WEST, .M.M#, FLATHEAD COUNTY, MONTANA IN ACCORDANCE WITH H KA ISPEEE GROWTH POLICY 2020 AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Bill Rice and Craig and Connie Denman, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, cu r entl y zoned R-1, Low Density Residential Apartment, be amended to include a Planned Unit Development overlay on approximately 9 acres of land, and WHEREAS, the property is located at the Worthen terminus of Corporate 'may between Two Mile Drive and Highway 2 West, and WHEREAS, the petition of Rice and Denman man was the subject of a report compiled by the 'ri--City Planning Office, Staff Report KPU-5-, in which the r-City Planning Office evaluated the petition and recommended mended that the zoning on the property as described above be amended to include a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held Public Hearings on the matter on June 21, 2005 and July 1.2, 2005, and recommended that a Planned Unit Development overlay be added to the current RA- . zoning, , and WHEREAS, after considering all the evidence submitted on the proposal to overlay a la ned Unit Development on the .RA-. zoning, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76- 3- , M.C.A., and Stage Etc. v..Board of Co Commissioners, Etc. 590 P2d 6021 the findings of fact of TCPO as set forth in Staff Report No. K-PU1 -05- , as amended by the Kalispell City Planning Board. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of RALIS ELL, AS FOLLOWS. - SECTION I. Section .02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1.460) is hereby amended by designating the property described above as RA-1, Low Density Residential Apartment with a Planned Unit Development overlay on approximately 9 acres. SECTION 11, The Planned Unit Development .ent proposed by Rice and Denman upon the real property described above is hereby approved, subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan., materials and other specifications as well as any additional conditions associated with the P as approved by the city cnn �alspell eglations, Appendix C — Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a. letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the final plat from an engineer licensed In the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Forks Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01 . An engineered st rmwat r management plan shall be developed which utilizes on site retention methods and insures that adjoining properties will not be impacted by storm eater runoff, snow melt or surface water. . Front yard setbacks s for the townhouses that have ar .ge access directly along the right of way shall insure a minimum distance of 20 feet between the garage and the sidewalk and would apply to Lots 11, 12 and 13. This would not apply to townhouses that Dave some other provision for handling access and on site parking. (Kalispell Planning Board) i. A minimum 20 foot rear setback shall be maintained between the buildings and the exterior boundaries of the subdivision. , That covenants, conditions, and restrictions for the subdivision shall be provided that include a provision for the private conservation and maintenance of common areas as well as compliance with the approved planned unit development elevation drawings, treatments and other architectural elements. �. A note o . the face of the final plat shall be provided for the pro-rata share of ownership of the common area for taxation purposes. 9. Townhouse lots within the subdivision shall be identified by a lot number and letter such as Lot . ..B or IC rather than berg numbered sequentially as sbo vn on the preliminary plat. 2006223 O'�:4 10. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along; the creek channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD / DNRC) .. That a minimum 0 -foot buffer shall be established between the westem internal roadway and Greenbriar Subdivision to provide screening and buffering between the road and these houses. This shall be in the form of bermin , fencing or landscaping or a combination thereof. These it improvements are to be coordinated with the Kalispell Public Works Department. the Parks and Recreation Department and the homeowners in. Gree briar Subdivision to the vest. 1.2. The following requirements shall be net per the Kalispell Fire Department: Kalispell. Subdivision Regulations, Section 3.20). a. water mains designed to provide minimum fire flows shall be installed per City peeifieations at approved locations. Minima fire flows shall be i accordance with International Fire Code (2003) Appendix 1 . b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department e t access shall be provided in accordance with International Fire Code 2003 Chapter 5. d. Secondary em.e.r ;en Y vehicle access shall be provided in accordance with International Fire Code Zoo Chapter 5 and Kalispell Subdivision. Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the fire department. 13. That a letter be obtained from the Kalispell Parks and Recreation Director approvi . . ng a landscape Plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section ,.1.1. 14. That the areas designated on the plat as common shall meet the requirements for parkland dedication provided they are developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open spaee..A. letter shall be submitted with the final plat stating that the common areas have been developed in accordance with the approved park development plan. (Kalispell Subdivision Regulations, Section 3.19). .5. That a detailed flood study be completed determining the exact location of the floodva . No fill, development or other disturbance of soil or vegetation shall be allowed within the fl.00dwa . The location of the roadways and bike path e o dar r emergency access shah. be relocated so that no fill, development or disturbance of vegetation occurs in the 1.00 year floodplain unless otherwise absolutely required, Any work, development or fill in the 100 year floodplain shall be kept to a minimum and shall be directly related to providing secondary 2oo(;z23 0 "6 emergency access for the subdivision of the north approximately 400 feet of the bike /and pedestrian path emergency access road. It is anticipated that this may result in the reconfiguration and or loss of lots within the subdivision. 16. A floodplain development permit shall be obtained from the Kalispell .Floodplain .Administrator for any limited but necessary work to be performed within the 100 year floodplain. 17. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards which may be impacted by this development. 18. That a letter be obtained from the Kalispell Public Works Department stating that the proposed emergency accesses onto Cooper .bane has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 19. The roads within the subdivision shall be named and signed m accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 20. All existing; and proposed easements shall be indicated on the face of the final plat. Utility easements for City grater and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A. letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 21.. The developer shall provide a letter from. the U.S. Postal Service approving the plan for nail service. (Kalispell Subdivision Regulations, ulation.s, Section 3.22). 2. Street lighting; shall be located within the subdivision and shall have a fall cutoff lens so that it does not intrude unnecessarily onto adjoining properties. Kalispell Subdivision Regulations Section 3.09(L)). 23. All utilities shall be installed underground. (Kalispell Subdivision. Regulations, Section 3.17). 24. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 25. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 26. That an easement agreement be obtained for the secondary emergency access across the private property to the east that encompasses the nature and intent of the proposed roadway. I --'� --11 6 0 0 (i zza ui` % -g�> vw� 27. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development UI zoning for the site. 28. That preliminary plat approval for the planned unit development shall be valid for a period of three years from the date of approval, (Kalispell Subdivision Regulations, s, Section 2.04). SECTION 111. The balance of Section 2 .0 .010, official Zoning Map, City of Kalispell Zoning ordinance not amended hereby shall remain in full force and effect. SECTION IV. This ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY of KA ISPELL,, MONT ANA, THIS 15 H Pamela B. Kennedy ATTEST: eresa White City Clerk -e?- ci�--57�) 0 2006223 U - PLANNED UNIT DEVELOPMENT AGREEMENT WEST WOOD PARK a THIS A G EEMEN , made as of the h kJ y of August, Zoo , by Craig and Connie Denman, man, of 5733 Hwy 93 South, Whitefish, MT 59937, hereinafter WEST WOOD PARTNERSH1P, and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 50 1, hereinafter CITY; WNSSTH WHEREAS, WEST WOOD PARTNERSHIP is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as Assessor's Tracts 2CK, 2CH and 2CE located in Section 12, Township ip 28 North, Range 22 West, P.M.M., Flathead County, Montana and is hereinafter referred to as "'Subject Property"; and WHEREAS, 1 WEST WOOD PARTNERSHIP desires to have a Pled Unit Development overlay UD upon the subject property currently zoned as RA-1 Low Density Residential Apartment that would allow some flexibility in setbacks, s, lot coverage and lot size; and WHEREAS, in order to allow the PUDI, assure the installation of i fr .str ct re improvements within the "Subject Property"', and prescribe the permitted uses therein., the parties hereto deter nine it to be in their interests to cater into this Development Agreement, GENERAL INTRODUCTION § 1.01 General The use and development. of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application filed by applicant and the conditions contained within Kalispell City Resolution No. 5057 conditionally lly approving the preliminary plat of the West Wood Park PUD and incorporated fatly herein by this reference. PLANNED UNITVE OP R' AGREEMENTiWEST WOOD PARK Page 1 of 2.00(i2;Z3 0" § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement, the laws, r les 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. § 1.03 Drawings The drawings comprising the Preliminary Plat and sexed to this Planned Unit Development .Agreement are an integral and essential component thereof, and they are incorporated b reference herein, § 1.04 Effectiveness and Cancellation The provisions of this Planned Development Agreement shall become effective immediately and shall terminate upon the issuance of the final building permit for development of the Subject Property, This Development Agreement may be modified or amended only as set forth in Article IV hereof. § 1.05 Certification Procedure Whenever in this Planned Unit Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty ) days of the receipt of a completed application. 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. 11. PARCEL DESCRIPTION 2.0The Subject Property, desen'ed in the recitals above, shall be developed with the infrastructure improvements as described below. No building permit shall be issued for any of the parcels unless and until all improvements specified in this .Agreement as well as hose 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 parcel upon which a building permit is requested. II. SITE CONDITIONS {; 3.01 Public Infrastructure and Easements . The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. PLANNED UNIT DEVELOPER" S AGREEMENT/WEST WOOD PARK Page 2 0 0 G 2 Z 3 G ` %-' - - t)-a > 0 11. The plans and specifications for all public infrastructure shall be designed and in accordance with Ka ispe l's Standards for Fein and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. Iff. All utilities shall be installed underground. V. A. minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. V. The following requirements shall be met per the Kalispell Fire Department. a. water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with fntemat onal Fire Code 2003 Appendix. B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. . Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code 23 Chapter 5 and Kalispell Subdivision Regulations. e. Hazardous weed abatement shall be provided in accordance with City of Kalispell pell Ordinance 1 -8. f. Street naming; shall be approved by the fire department. VT. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and serer shall be provided to allow for the logical extension o utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. V11. An easement agreement shall be obtained for the secondary emergency access across the private property to the cast that encompasses the nature and intent of the proposed roadway. V111. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance Frith the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. .A letter from the public works department shall accompany the engineer's certification stating; that this condition has been met or otherwise adequately addressed IX. An engineered storm grater management plan shall be developed which utilizes on site retention methods and insures that adjoining properties will not be impacted by storm water runoff, snow melt or surface water. PLANNED UNIT DEVELOPER" S AGREEMENTiWEST WOOD PARK Page 2 0 0 G 2 2.3 0' �'w� > C" X. A note shall be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards, which may be impacted by this development. XI. A letter shall be obtained from the Kalispell Public Works Department stating that the proposed emergency accesses onto Cooper Lane has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. XII. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. §3.02 Floodplain Requirements and Parks I. Permits shall be obtained from the Flathead Conservation District, Montana Department o Natural Resources and the Montana Department of Environmental Quality for wort done along the creek channel or a letter from those agencies stating that the scope of work does not require permitting. II. A detailed flood study be completed determining the exact location of the floodway. No fill, development or other disturbance of soil or vegetation shall be allowed within the f.odway. The location of the roadways and bike path secondary emergency access shall be relocated so that no fill,, development or disturbance of vegetation occurs in the l 0-year Iloodplain unless otherwise absolutely required. Any work, development or fill in the 100 year floodp a n shall be kept to a minimum and shall be directly related to providing secondary emergency access for the subdivision of the north approximately 400 Feet of the bile /and pedestrian path emergency access road. It is anticipated that this may result in the reconfiguration and or lass of lots within the subdivision. ITI. A I oodp ain development permit shall be obtained from the Kalispell Floodplain Administrator for any limited but necessary work to be performed within the -year I.00dplain. Iv. A letter shall be obtained from the Kalispell Parrs and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. V. Areas designated on the plat as common shall meet the requirements for parkland dedication provided they are developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including; but not limited to pedest an access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. A letter shall be submitted with the final plat stating that the common areas have been developed in accordance with the approved park development plan. VI. All areas disturbed during; development of the subdivision shall be re -vegetated with a weed - free nix immediately after development, PLACED UNIT DEVELOPER'S AGREEMENT/WEST WOOD PARK Page 2 0 0 G 2 2.3 U" -' 2;: b-, `6' 0 §3.03 Lot Requirements, Setbacks and Common Areas 1: Front yard setbacks for the townhouses that have garage access directly along the right o way shall insure a minimum distance of 20 feet between the garage and the sidewalk and would apply to Lots 11, 12 and 13. This would not apply to townhouses that have some other provision for handling access and on site parking, 1. A. minimum -foot rear setback c shall be maintained between the buildings and the exterior boundaries of the subdivision. 111. Covenants,, conditions, and restrictions for the subdivision shall be provided that include a provision for the private conservation and maintenance of common areas as well as compliance with the approved planned unit development elevation drawings, treatments and other architectural elements. 1V, A. mote on the face of the final plat shall be provided for the pro-rata share of ownership of the common area for taxation purposes, V. Townhouse .se lots within the subdivision shall be identified by a lot number and letter such as Lot 1A, 1 B or I rather than being numbered sequentially as shown on the preliminary plat. V1. A minimum 1 o-foot buffer shall be established between the westem internal roadway and Greenbriar Subdivision to provide screening and buffefing between the goad and these houses. This shall be in the orfn of berming, fencing or landscaping or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department, the Parks and Recreation Department and the homeowners in Greenb ar Subdivision to the west. V11. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic c Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved V111. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail Y service. v* AMENDMENT OR MODIFICATIONS of DEVELOPMENTAGREEMENT .01 This Development Agreement may be amended or modified ed only, by application of the owner in accordance with the procedures set forth herein. tot Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner of a parcel in respect to the Subject Property. PLANNED UNIT DEVELOPER'S AGREEMENT/WEST WOOD PARK Page of 4.03 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. .All amendments and modifications to this Development Agreement other than minor modifications a.tions shall require the approval of the City Council of the City of Kalispell. 4.04 All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee e and. the Site Review Committee shall promptly determine whether the modification is m or or major. 4.05 The 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. 4.06 1f the amendment or modification requested is of such a nature as to require approval roval of the City Council, the Site Review Committee shall refer the natter to the City Council within fifteen 1days after 1t determines the matter requires Council review. 4.07 The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm., reverse or modify the Site Review Committee decision. V, CONSTRUCTION PERMITTING § 5.01 General Requirements 1. No building permit in respect to the building in any structure shall be issued by the Building Department until the Director of Public Forks has certified to the Building Department artment that the infrastructure improvements and roads as required herein substantially conform to the Site Condition requirements contained in this Agreement and that said improvements ents have been constructed or security guaranteeing the construction has been received by the City. 11. 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, VI. MISCELLANEOUS § 6.0Effective Date This Agreement shall be effective immediately and shall remain in full force and effect until all parcels within the Subject Property are developed or August 15, 2008, whichever occurs first. PLANNED UNIT Vo 'S AGREEMENT/WEST WOOD PARK Page 6 of 8 § 6.02 Severabiity In the evert that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or unlawful by a eon of competent .t Jurisdiction, such provision. shall be severable and the remainder of this Agreement shall continue to be of fall force and effect. § 6.03 Recordation This Agreement t shall be recorded along with the CCN 's with respect to the subject property. § 5.04 Entire Agreement -Primacy .s Agreement constitutes the entire agreement between the parties and may only be amended ded as set forth herein. In the event, during the teen of this Agreement, there is a variance between the provisions of this . reement and the CCNR's, filed with respect to the subject property, this Agreement shall tale precedence. § 6.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns} Dated this day of .August, 2006. WEST WOOD PARTNERSHIP y: Cray enrnan y: Connie Den .an CITY OF KALISPELL • n Jame H. Patrick, City Manager PLANNED UNIT DEVELOPER'S AGREEM N'T/WEST WOOD PARK Page 7 of 8 20062;Z.3 STATE OF NONTANA ) ):SS County of Flathead ) On this q4�'� day of August, 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared CRAIG DENMAN and CONNIE I ENMAN' that executed the foregoing instrument, and each person acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate :v F erg. v Ttary Public, State of Montana siding at My Commission xires (;//'A tam STATE of MONTANA County of Flathead On this~ ...day of August, 2006, before me, a Notary Public in and for the State o Montana, a, personally appeared JAMES H. PATRICK, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at V- My Commission Exp1res S � Y Y �- �.-Y-.- --._......... PLANNED UNIT DEVELOPER" S AGREEMENTMEST WOOD FA Page