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Staff Report KPUD-08-1Gateway Properties, Inc. REQUEST FOR A PLANNED UNIT DEVELOPMENT STAFF REPORT #KPUD-08-1 KALISPELL PLANNING DEPARTMENT AUGUST 6, 2008 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the request for a Planned Unit Development (PUD) on a property located on the east side of Highway 93 approximately 11/2 miles north of the intersection of Highway 93 and West Reserve Drive. A public hearing has been scheduled before the planning board for August 12, 2008, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. A. Petitioner and Owners: Gateway Properties, Inc. 354 Plantation Drive Kalispell, MT 59901 (406) 249-7317 Technical Assistance: Sitescape Associates P.O. Box 1417 Columbia Falls, MT 59912 (406) 892-3492 B. Nature of the Request: The property owners have requested a Planned Unit Development (PUD) overlay zoning district on the 80.7t acre project site. The PUD will be known as Valley Ranch which proposes 85 residential lots, 33 townhouse lots, a future assisted and independent living facility with up to 104 units and an apartment/condominium lot capable of accommodating 160 units. The PUD plan calls for 21.2 acres of open space and parkland on the project site. The proposed plan departs from the requested zoning of R-2 with regards to uses permitted within the zoning district and minimum lot area. A detailed discussion of the proposed deviations from the R-2 zoning district can be found on page 7. C. Location and Legal Description of Property: The properties included in the proposed project can be described as Tract 2, Tract 3 and Tract 2BC in Section 19, Township 29 North, Range 21 West. The 80.7t acre project site is located on the east side of Highway 93 approximately 1 1/2 miles north of the intersection of Highway 93 and West Reserve Drive. The project site has approximately 1,100 feet of highway frontage between the Ponderosa Veterinary Hospital and Montana Home Outfitters. From the highway, the project site extends east and south wrapping around the southern boundary of the Ponderosa subdivision. D. Existing Land Use and Zoning: The property is within the city limits and is zoned R-2 (Single Family Residential). The R-2 zoning district is intended primarily for detached single-family dwellings. It has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. Setbacks are 20 feet in the front and 10 feet on the sides and rear. The 80.7t acre project site is currently undeveloped. The land is level for the most part with a small hill along the western boundary of the site adjacent to Highway 93. Portions of the eastern boundary of the project site are at the base of another small hill, the majority of which makes up the area developed with the Ponderosa Subdivision, a single-family residential subdivision located in the county. E. Adjacent Land Uses and Zoning: North: Single-family homes and commercial business, County B-1 and County R-1 zoning East: Single-family homes; County R-1 and SAG-10 zoning South: Agricultural lands; City R-3/PUD West: Commercial businesses and National Guard Armory; County SAG-10 zoning F. General Land Use Character: This site is in a mixed use area generally characterized as agricultural lands mixed with single family residences to the east and north of the site. Immediately south of the site is a large agricultural tract of land within the city limits. Although the land is currently in agricultural production a lifestyle center and associated commercial development totaling 1.8 million square feet as well as 632 residences has been approved for this property. To the west, along Highway 93, are existing commercial businesses and a church. Across Highway 93, on its west side, is a private golf course. The property has been in agricultural production for the last several decades. The site is for the most part level with slopes along the western and eastern boundaries. Pine trees with an understory of grasses are located in the sloped portions of the site. G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: Private contractor Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING AND PROPOSED PUD OVERLAY The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell Zoning Ordinance. Does the requested zone comply with the growth policy? 2 On August 7, 2006 the Kalispell City Council adopted Resolution 5129B which amended the Kalispell Growth Policy Future Land Use map north to the intersection of Highway 93 and Church Drive. On the amended land use map the 80.7± acre project site is designated suburban residential with typical densities of up to 4 dwelling units per gross acre. The current R-2 zoning district provides primarily for detached single-family dwellings. It has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. Setbacks are 20 feet in the front and 10 feet on the sides and rear. The requested PUD would deviate from the minimum lot size and uses within the R-2 including an assisted and independent living facility and apartment/condominium development. Both of these types of housing are not permitted in the R-2 zoning district. The Kalispell Growth Policy 2020, Chapter 3, Policy 9 states in part that suburban housing densities should not exceed two to four dwellings per gross acre. The proposed PUD includes a combination of single family residential homes, apartment/condominium lot and townhouse lots for a total number of 278 dwelling units on 75.8 acre portion of the project site. The 80 assisted and 24 independent living units are proposed on the remaining 4.9 acre lot. The purpose of restricting the density to a maximum of 4 dwelling units per acre is to reduce the impacts that density brings to an area. This includes an obvious increase in population which in turn creates increases in automobile traffic, paved surfaces, noise, outdoor lighting and need for parkland and open space areas. The proposed 278 dwelling units are comprised of the single family residential homes, apartment/condominium units and townhomes. These units will bring the above mentioned impacts to the immediate area. Based on the 278 dwelling units over 75.8 acres, the gross residential density is 3.6 dwelling units per acre. The assisted and independent living units should be considered a stand alone use outside of the typical impacts associated with other residential uses on the project site. The proposed units will provide homes for people who do not have children and many of whom are single. Traffic impacts are generally much lower as many residents do not drive. Other impacts which can be associated with typical homes as described above are limited or non-existent. Therefore, the planning department's position is the overall density of the project should be considered at 3.6 dwelling units per acre, in line with the suburban residential land use designation. Subsection b of Policy 9 further states that the suburban residential designation is intended to reduce density and development impacts in sensitive areas and existing rural neighborhoods. The proposed PUD complies with this policy by providing for larger lots, varying between 15,000± square feet to 30,000± square feet adjacent to the Ponderosa subdivision, a rural neighborhood platted in the late 1970's and early 1980's. Lots vary between one-half acre to one acre in size. The larger lots would provide a transition between the Ponderosa subdivision and the smaller lots, apartments, and assisted/independent living units proposed in the interior of the PUD layout. Chapter 3, Policy 2 of the Kalispell Growth Policy 2020 states, "Encourage the development of urban residential neighborhoods as the primary residential land use pattern in the growth policy area by allowing urban residential densities in areas designated as suburban residential provided the development is consistent with the character of the area and public services are adequate." Recent changes in land use include the 485 acres south of the project site in which the city council acted on an annexation, zoning and PUD overlay for the Glacier Town Center earlier this year. The Glacier Town Center project includes residential and commercial development comprised of 632 dwelling units and approximately 1.8 million square feet of commercial and office space. Once developed, the rural/suburban area will be residential and commercial making the Valley Ranch development blend with the character of the area. Water and sewer main lines have also been extended north from Highway 93 and West Reserve Drive along the Highway 93 right-of-way to serve the Silverbrook subdivision. The first phase of this subdivision has received final plat approval from the city council this year and the water and sewer lines can be accessed by the developers of Valley Ranch. With the availability of public services and the changing character of the area, a mix of housing types is appropriate for this area. The Valley Ranch project has incorporated larger lots and open space areas between it and the existing Ponderosa subdivision. The denser housing (assisted and independent living and apartment units) are located more centrally within the project. Based on the above discussion, the proposed PUD zoning district can be found to comply with the suburban residential land use designation and implement the policies regarding housing as found in Chapter 3 of the Kalispell Growth Policy. 2. Is the requested zone designed to lessen congestion in the streets? As part of the overall project proposal, the developer conducted a traffic impact study to provide possible measures to mitigate the increase in traffic the development proposal will have on Highway 93. It can be anticipated that with development of the property there will be increased traffic impacts in the area due to the relatively low density of the area currently and the relatively higher density requested under the PUD zoning. Additionally, through the PUD and subsequent subdivision review process conditions will be recommended to insure that existing streets are upgraded and new traffic routes are provided to lessen congestion in the streets. A full discussion of the traffic impact study and recommended mitigation measures can be found under the review for the PUD in this staff report. 3. Will the requested zone secure safety from fire, panic, and other dangers? At the time this property is developed, the property owners will be required to insure that there is adequate infrastructure in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the city. All municipal services including police and fire 11 protection, water and sewer service is available to the property. The site is within the immediate service area of the new north Kalispell fire station. 4. Will the requested zone promote the health and general welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? As previously noted, this area has been anticipated for suburban residential development. The anticipated densities of the proposed zoning district can be found to be consistent with the land use designation for the site. All public services and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely. 7. Will the requested zone avoid undue concentration of people? An increase in the number and concentration of people in the area will result with the approval of the requested PUD. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of utilities would provide the infrastructure needed to insure that there will not be an overcrowding of the land or undue concentration of people. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is further developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Municipal water and sewer have been extended along Highway 93 past the site to the Silverbrook Estates subdivision, located at the intersection of Church Drive and Highway 93. The water and sewer lines have been sized to accommodate this development. The developer would need to extend the needed city services that are not currently extended to the property at the developers' expense and in accordance with the city's policies and standards. This most likely includes a road connection south to the future Rose Crossing extension between Whitefish Stage Road and Highway 93. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with city policies and standards at the developers' expense prior to subdivision approval thereby insuring that there is adequate 5 provision of services at the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the city. All public services and facilities are currently available or can be provided to the property. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The 80.7 acre site is fairly level throughout with a small hill on the western boundary of the site and some moderate slopes along the eastern boundary of the site. The proposed PUD zoning would encompass the entire project site. Based on the proposed uses and densities of the PUD, the requested zoning does give consideration to the particular suitability of the property for the anticipated uses. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is a mix of agricultural, commercial and rural residential development. The proposed zoning allows this development to address needs within the community for a variety of housing types in reasonable proximity to the city core and future commercial and residential development. Availability of public water and sewer to the area indicate that this type of development will continue to occur on the urban fringes of the community. The proposed PUD zoning and PUD master plan of the property gives reasonable consideration to the character of the district. 11. Will the proposed zone conserve the value of buildings? The development anticipated under the proposed zoning is more intensive than the land uses currently surrounding the project site. City standards will insure that there is high quality development. This in turn will maintain the value of buildings and homes in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Suburban residential development is encouraged in areas were services and facilities are available or can be extended to serve developments such as the proposed PUD request. When the city council adopted the growth policy amendment for this area and designated the 80.7± acre project site as Suburban Residential, the council determined at that time suburban residential development was the most appropriate use of this land. The proposed PUD zoning is consistent with the growth policy plan. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: Valley Ranch is a residential planned unit development (PUD) 31 proposed on an 80.7 acre property within the city limits zoned R-2. The proposed PUD would allow a variety of residential uses on the 80.7 acre project site not currently permitted within the R-2 zoning district. The PUD request includes: • 85 single-family residential lots • 33 townhouse lots • 160 apartment/condominium units • 80 assisted and 24 independent living units. The 85 residential lots would vary in size from 8,100 square feet to 38,200 square feet. The 33 proposed townhouse lots would range in size from approximately 3,300 square feet to 7,400 square feet. The 160 apartment/condominium units are proposed on an 8.7 acre property on the west side of the project site. The units would be located in buildings ranging from an 8-plex to 24-plex with access provided from Round -Up Road on the east and Whitehall Road on the south. A club house will also be part of the apartment/condominium project. The clubhouse will be between 2,500 and 3,000 square feet in area and have bathroom and kitchenette facilities in addition to multipurpose rooms for use of residents of the apartment/condominium complex. The building will not be available to the general public. The assisted and independent living facility is proposed in the south half of the project site, east of the apartment units. The facility would encompass approximately 4.9 acres. The assisted living facility would be a two-story complex similar to the Riverside Assisted Living in Whitefish. The independent living units will be located on the same 4.9 acre lot and will include two 12-plex buildings similar in style to the apartment/condominium units proposed west of this site. Details on the assisted and independent living facilities are preliminary at this point and the developer is requesting that if approved, these facilities will come back for council review prior to issuance of a building permit as an amendment to the PUD. The intent of the PUD request is to secure the zoning and requested deviations included in the PUD to allow a future subdivision on the 80.7 acre site. The subdivision will comply with the plan shown on the Valley Ranch Planned Unit Development. In order to allow the design of the future subdivision shown as part of the application, the proposed PUD seeks five deviations or relaxations from the Kalispell Zoning Ordinance. The five relaxations are as follows: 1. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2 zoning district) to allow single family residential lots below the minimum lot size. 2. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) for permitting townhouse units within the R-2 zoning district. 3. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning district) to permit assisted and independent living units and apartment/condominium units in the R-2 zoning district. 4. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35% 7 to permit the townhouse lots to increase the lot coverage to 45%. 5. Kalispell Zoning Ordinance, Section 27.24.090 (Permitted signs in Zones R-1, R-2, R-3 and R-4) to permit signs for the apartment/condominiums and assisted/independent living facility. Criteria for the Creation of a Planned Unit Development (PUD) District The following information and evaluation criteria are from Section 27.21.020(2) of the Kalispell Zoning Ordinance. The intent of the PUD provisions are to provide a zoning district classification which allows some flexibility in the zoning regulations and the mixing of uses which is balanced with the goal of preserving and enhancing the integrity of the neighborhood and the environmental values of an area. The zoning ordinance has a provision for the creation of a PUD district upon annexation of the property into the city. Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations provide that the planning board shall review the PUD application and plan based on the following criteria: 1. 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; As stated above the owners are requesting five relaxations in the zoning ordinance. Below are the five relaxations requested with planning staffs comments in italics. 1. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2 zoning district) This section requires a minimum lot size of 9,600 square feet for new lots created in the R-2 zoning district. This is a mixed residential development which proposes small single family lots as well as a mix of townhomes and apartment/ condominium development. The owners are requesting a minimum lot size of 8,146 square feet for a detached, single family residence and lots ranging in size from 3,300 square feet to 7,400 square feet for townhouse units. The proposed reduction in lot sizes would allow the overall density of the subdivision to be strategically shifted. The PUD would create smaller lots, however, the developers have offset the smaller lots by creating larger lots, 1/3 of an acre and larger, along the northern and eastern project boundaries. These larger lots would abut existing lots within the Ponderosa subdivision and provide for a transition from the smaller single family and townhouse lots within the project site to the larger '/ acre to 1 acre lots within the Ponderosa subdivision. The project will then transition southerly proposing smaller than minimum R-2 lots, transitioning to townhouses, apartment/condominium site and the assisted living development as the project approaches the Glacier Town Center Development to the south. In addition, the project proposes 21.2± acres of open space and park area totaling approximately 26% of the site to mitigate the more dense development aspects of the project. 2. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) Townhouse units with a configuration of 2 or more attached units are allowed as a conditional use requiring a permit be secured prior to creating the townhouse lots. The developer is requesting that the townhouse lots be a permitted use rather than a conditional use. The proposed PUD would allow 33 townhouse lots or roughly 8 percent of the total number of dwelling units proposed as part of the Valley Ranch project. The developers have included in the project proposal 21.2± acres of open space and parkland. Planning staff would consider the amount of open space and parkland a reasonable offset to permit the 33 townhouse lots as part of the project proposal. In addition, the overall PUD provides lots two to three times the minimum size to buffer larger lot development to the north. The zoning ordinance considers townhouse lots as sublots, defined as a portion of a platted lot designated for separate ownership from other portions of the lot and used for townhouse or other construction that has separate ownership of parcels. Section 27.22.130 of the zoning ordinance requires the sublots have minimum lot size of 2, 000 square feet and the parent lot, a lot that comprises the two or more sublots, beat least 6, 000 square feet in size. The proposed townhouse lots exceed the zoning ordinances criteria for size of both the sublot and parent lot. However, to allow some flexibility, the developer may reduce the sizes of the townhouse lots but in no case can they be below 2, 000 square feet and the parent lot must be at least 6, 000 square feet. 3. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning district) The developer is requesting that an assisted and independent living facility with up to 104 units and a 160 unit apartment or condominium complex be permitted within the R-2 zoning district. Currently both the assisted and independent living facility and apartment complexes are not permitted or conditionally permitted within the R-2 zoning district. Assisted and independent living facilities are currently permitted as a conditional use within the low and medium density residential apartment zoning districts and the H-1 (Health Care) zoning district. The proposed assisted and independent living facility would take up an area approximately 4.9 acres or roughly 6 percent of the entire site. This facility would provide options for residents in the area that may want to live close to family residing in homes to the south or east within the same subdivision. Chapter 3 of the Kalispell Growth Policy, Goal 1 states, "Provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location." The incorporation of the assisted and independent living facility into the overall project would help the PUD achieve this goal. LE The plans submitted for the assisted/independent living facility include the general layout on the 4.9 acre tract of land and some general elevation concepts the future buildings will incorporate. The developer is requesting that once the facility is closer to actually being constructed, the developer will resubmit specific plans as an amendment to the PUD. The plans would provide more specific details regarding architecture, access, parking, landscaping and screening and other impacts as deemed appropriate by the staff. The amended PUD request would then come before the city council for approval. Apartment or condominium units are a conditional use in the RA (apartment) zoning districts. The developer is requesting approval to place 160 apartment/condominium units on an 8.7 acre tract of land located centrally within the Valley Ranch project. As stated above for the assisted and independent living facilities, the Kalispell Growth Policy encourages a mix of housing types. Higher density housing is desirable as recent approvals for the Glacier Town Center, which includes over one million square feet of commercial retail and office space, is located approximately V mile south. The planning department encourages a variety of housing options in such close proximity to future commercial and retail center. The current site plan shows the general location of the apartment/condominium buildings. Planning staff is recommending as a condition of approval that, prior to issuance of a building permit for each of the units, the plans incorporate bike racks, sidewalks, a landscaping and irrigation plan, and provide a minimum separation between each of the buildings. The minimum separation between buildings is proposed at 20 feet from eave to eave. The current R-2 zoning setbacks would be required along the perimeter of the 8.7 acre tract of land. 4. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%) to permit the townhouse lots to increase the lot coverage to 45%. The R-2 zoning district has a maximum lot coverage of 35%. The developer is requesting the permitted lot coverage be increased on the townhouse lots to 45%. The purpose of the requested lot coverage increase is to provide for greater options for the building foot print and in turn a range of interior/exterior space. Planning staff does not have an issue with the requested increase in lot coverage for the townhouse lots. Past projects within the city have had to request lot coverage increases for their townhouse lots because at 35% on a smaller sublot, this may not afford the builder or lot owner the flexibility in design for a home and garage. An increase to 45% would still maintain the setbacks established in the R-2 zoning district and not negatively impact surrounding residential development. The size of the lot and the housing product the developer is proposing would warrant an increase in lot coverage. The greater lot coverage is ultimately off -set by the 25% open space and recreational component of the project. 5. Kalispell Zoning Ordinance, Section 27.24.090 (Permitted signs in Zones R-1, R-2, R-3 and R-4) to permit signs for the apartment/ condominiums and assisted/independent living facility. 10 The developer is requesting two signs for the condo/apartment area; one 24 square foot sign to be placed at the southernmost entry and one 10 square foot sign to be placed at the northernmost entry. Likewise, the developer is also requesting two 10 square foot entry signs at each of the two entries for the assisted living complex. Planning staff acknowledges the need for some signs to identify the apartment units and assisted/independent living facility and supports the request to provide for signs at the major entrances to these building complexes. One 24 square foot sign is appropriate for the scale of the apartment/condo lot. Likewise, two 10 square foot signs at the entrances to the assisted and independent living facility would also be appropriate. Planning staff is also recommending the planning board and city council consider permitting a maximum of two on -site marketing signs for the development. The signs would have a maximum size of 64 square feet and only one sign would be permitted along Highway 93. With larger developments, on -site signs identifying the project has been an industry standard. This recommendation seeks to acknowledge practices that already occur in developments and place parameters around such signage. Summary of review criteria # 1: Are the deviations in the public interest: The proposed PUD is deemed to be in the public interest because it provides housing options in an area of the city for which the type of density proposed has been anticipated. The design serves to shift density and in doing so this achieves significant open space and an improved overall design. The PUD provides more than the minimum amount of parks and open space with improvements to said park land to be open to the general public. Five proposed townhouse lots in phase 3 are shown on the preliminary PUD plan with their sole means of access by way of an alley. The Kalispell Subdivision Regulations, section 3.08, Access, state that each lot shall have legal and physical access and must abut and have access to a public or private street or road. Alleys and emergency secondary access roads shall not be used to provide the primary means of access to a lot. The five townhouse lots in question, lots 23-25, 27 and 28 would have direct access onto an alley only. After discussions with the developer and the city's site review committee, the Kalispell Planning Department is recommending a road extension in the area of lot 64 south to the projects boundary with assessor's tract 3BA. The five townhouse lots could then be realigned with this new road segment and have direct access off of the road. The new road segment would serve two purposes. First, the roadway will provide access to the five townhouse lots which meets the requirement of the subdivision regulations. The second purpose is to accommodate a future roadway from this area of phase 3 south to Whitehall Road via the four tracts of land outside of the Valley Ranch PUD boundary. The realignment of lots and new roadway will be included in the recommended conditions of approval for the project. 11 .I a 59 • ��r . Park r A (uw 4 711 ; 1 Figure 1: This figure illustrates the discussion above regarding the recommendation to adjust several townhouse lots and the road alignment in the northwest corner of the project. The solid lines illustrate the realigned road with the dashed lines illustrating possible future road connections with lots to the south. 2. 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; The PUD plan calls out 21.2± acres of open space and parkland throughout the 80.7 acre site. The 21.2± acres are in the form of neighborhood parks, perimeter buffers and accent areas at project gateways. The application states that the open space areas will be governed by a homeowner's association with portions of the large open space/park areas offered to the City of Kalispell for public park space. The Valley Ranch Planned Unit Development plan shows six areas labeled on the plan as park area. These park areas range in size from approximately 34,800 square feet to eight acres in size. The park areas, as shown on the plan, are spread throughout the proposed project with a buffer area varying from 15 feet in width to 100 feet located along the eastern and northern boundaries of the site to provide some separation from the project site and the adjacent subdivision. One of the larger park areas proposed is adjacent to the park area of the Ponderosa subdivision. The Ponderosa Park is privately owned and maintained by the homeowners association. The developer has proposed a large park area next to the existing park within the Ponderosa subdivision to allow for a generous sized open space transition between the two residential developments. The proposed 21.2± acres of open space and parkland are adequate to provide for the active and passive recreational uses within the residential PUD. The PUD request would allow 85 residential lots, 33 townhouse lots, 160 apartment/condominium units and 80 assisted and 24 independent living units for a total of 382 dwelling units. Section 3.19(A)(2) of the Kalispell Subdivision Regulations requires the subdivider to dedicate to 12 the City a cash or land dedication equal to 0.03 acres per dwelling unit when residential densities in a proposed subdivision exceed 11,880 square feet per dwelling unit. This equates to a.cash or land dedication equal to 11.46 acres. Although both the apartment/condominium and the assisted and independent living units technically would not be included in this calculation because no land is being subdivided to accommodate those units, the PUD still requires the city to address the open space needs of the development as a whole. Therefore, these units have been included in the open space review. The proposed 21.2± acres exceed the minimum land dedication for parks under the subdivision regulations and can be considered appropriate for the amount of dwelling units proposed. However, of the 21.2± acres proposed as open space and parkland, at a minimum, 11.46 acres should be improved parkland with irrigation, landscaping, play equipment and other amenities and not simply left as passive open space. The Kalispell Parks and Recreation Department and Bruce Lutz of Sitescape Associates, the consultant for Gateway Properties, reviewed the proposed PUD park plan. The parks department agreed that the 8 acre park, the 3.3 acre linear park along the south boundary of Ponderosa Estates and the 1.5 acre park next to the assisted living facility would be acceptable as city parks. Improvements recommended by the Parks Department for these three parks are as follows: 1) A trail starting at the northwest corner of the PUD and connecting with a high way side trail aligned through the 8 acre park, through the linear park and connecting via the sidewalks along Sun Prairie Court with the 1.5 acre park adjacent to the Assisted Living Complex. The trail should be paved to an 8 foot width on the interior of the site and 10 feet wide adjacent to the highway. 2) Provide easements for a trail adjacent to Highway 93 along the northwestern portion of Valley Ranch. 3) Provide landscaping and irrigation in the public park areas acceptable to the Kalispell Parks and Recreation Department. 4) Provide one tennis court, one 20 foot diameter shelter/pavilion, a hard -surface multi -purpose court and a 5-12 year -old playground in the 8 acre public park. 5) Provide a 12-14 foot diameter shelter and a 2-5 year -old tot lot in the 1.5 acre park. 6) Provide benches in each of the parks along the trail and benches along the trail in the linear park. The dedication and improvement of these three parks exceeds the minimum 11.46 acres required for parkland dedication based on the 382 living units proposed. The department further recommends that the highway buffer and trail along Highway 93 and the 0.8 acre homeowner's park immediately north of the 8.7 acre apartment/condominium lot be improved with phase 1. Improving the highway buffer area will establish the bike path and provide for further trail expansion to the north or south should those properties develop into the city prior to construction of phase 3. The 13 addition of the 0.8 acre homeowner's park will provide recreational opportunities next to the highest density housing on the project site. Although an additional 1.5 acre park will be developed with phase 1, the majority of parkland is included in phases 2 and 3. However, the majority of dwelling units on the site are proposed within phase 1 and, therefore, there is a greater need to establish more parkland than what is shown on the proposed phasing plan. A homeowners association will be created to maintain the open space and several of the park areas shown on the PUD plan. The department is recommending the city take ownership and maintenance of the three parks within the Valley Ranch PUD after all improvements are in place. The Department is also recommending a park maintenance district be formed in accordance with section 7-12-4001 Montana Code Annotated in order to provide funding for the on -going maintenance of the park areas. As currently proposed, the future homeowners association would be set up to maintain the open space and other park areas within the future subdivisions on the project site. These areas include the highway buffer, designated park areas not proposed to be owned and maintained by the city and all open space areas shown on the PUD plan. The majority of the open space, buffer and park areas under the homeowners association are located on the boundaries of the project site. It is therefore imperative that these areas be well maintained for the visual aspect of the Valley Ranch project from adjacent properties and the highway, the safety of the pedestrian paths and the on -going functionality of the storm water facilities. Staff is recommending that a condition be added to the PUD which would incorporate the highway buffer, park areas and open space of the Valley Ranch project into the park maintenance district in the event the homeowners association fails to maintain its properties. The Kalispell Growth Policy, Highway 93 North Growth Policy Amendment, Policy 3.i.i recommends a minimum 100-150 foot buffer be provided for major entrances. The PUD proposes a 100-foot buffer as well as a passive park area along the project's Highway 93 frontage. This buffer area exceeds the minimum requirements under Policy 31i and provides for the retention of the west half of a small hill adjacent to Highway 93. The hill is covered in grass with more than a dozen large ponderosa pines. Removal of some of the pines will be required to accommodate the proposed housing on the east side of the hill but the retention of the west half of the hill and trees will provide for a visual buffer and noise break between lots located off of Plentywood Loop. 14 Figure 2: View of the open space/parkland adjacent to Highway 93 looking south towards Kalispell. Highway 93 is just outside the picture frame on the right. Proposed open space 3. 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; A. Public Services The extension of water and sewer to the site will be required to serve the development. The application states that an 8-inch water main will be installed as part of the internal water distribution system. The 8-inch water main will connect to an existing 14-inch transmission pipeline within the Highway 93 right-of-way. Sewage collection will be provided by an 8-inch diameter or larger gravity sewer collection main that will drain to an existing 18-inch sewer main located on the east side of the Highway 93 right-of-way. Two sewage pump stations may be necessary to serve those areas that cannot reach the 18-inch sewer main by gravity flow, One of the lift stations would be located near the intersection of Whitehall Road and Round -Up Road. The other lift station would be located to the north at the intersection of Plentywood Loop and Round -Up Road. Due to the visual presence and fencing accompanying a typical lift station, a recommended condition of approval for the PUD would require a landscaping plan be provided as part of the preliminary plat of the future subdivision and implemented prior to final plat approval. The landscaping would help to screen the lift station from residents, pedestrians and vehicular traffic coming into and out of the subdivision. Presently, sewage from Silverbrook Subdivision travels south within the 18-inch sewer to a sewage pumping station located north of the Stillwater River and West of U.S. Highway 15 93 thence by force main and a gravity main to a lift station at the intersection of Highway 93 and Grandview Drive. The existing downstream sanitary sewer collection system (downstream of the Grandview pumping station) does not have the capacity to accommodate the sewer flows from this or any new development generating sewer flows toward the sewage pumping station located at the intersection of U.S. 93 and Grandview Drive. The Kalispell Public Works Department has stated that additional off -site improvements are necessary to convey sewage from the Valley Ranch project and other development in this area to the waste water treatment plant, located approximately 5 1/2 miles south. The application states, "the City of Kalispell is in the best position to make the necessary improvements happen and must focus some energy on the process sometime soon if the piping is to be in place when needed to meet the time frames of the various projects already approved and those contemplated in the near future." Currently, the city is not in the position to build the needed off -site improvements to accommodate this and other larger scale developments in the area. The developer is in the best position for making the improvements, since the city does not have any financial interest in the proposed development. Therefore, the department is recommending that upon submitting a preliminary plat application for each phase the developer provide the department with a plan of how sewage will be conveyed to the sewer treatment plant. The plan, once reviewed and approved by the department, would be required to be installed prior to final plat approval. The proposed storm water management plan will collect and convey storm water runoff from the streets and alleys to a number of ponds located in open space or parklands throughout the site. Each of the ponds will hold storm water for that immediate area and allow it to slowly percolate into the ground. The department is recommending that the developer submit a concept drainage report for each of the preliminary plat submittals. The concept drainage report will be used by staff to preliminarily assess the drainage requirements for the subsequent subdivisions on the project site. The purpose of the concept drainage report is to demonstrate that the proposed drainage facilities are feasible with respect to design, construction, and maintenance. With a concept drainage report the developer and department can better address storm water management techniques and identify the best areas for the collection and storage of storm water. As part of the preliminary plat application of phase 1 the developer will need to submit an overall storm water plan (for the entire development) along with the concept drainage report. The developer also needs to recognize that off -site improvements may be required to convey storm water to existing or proposed facilities. The City of Kalispell has required past developments to complete a minimum of two- thirds of the necessary public infrastructure (water, sewer, roads, etc.) prior to filing the final plat for subsequent subdivisions. This has been includes in the list of conditions to insure that, prior to issuing a building permit on a new lot, there is access which meets the fire department's minimum standards as well as adequate water and sewer services. In the past, the city has allowed subdivisions to file a final plat and subsequent home construction to begin prior to a majority of the infrastructure installed. Problems have occurred when new homes were occupied and there was insufficient water for fire 16 suppression and/or sewer mains were not working properly. Therefore, in order to provide adequate services to the subdivision at the time the lots are created, staff is recommending a condition requiring a minimum of two-thirds of the infrastructure be installed prior to final plat. Included in the two-thirds infrastructure requirement both the water and sewer systems serving each phase will need to be operational operational. The development has provided for individual automobiles and pedestrian and bicycle traffic in the PUD proposal. To provide for a greater diversity of transportation options planning staff would recommend that the developer work with Eagle Transit to establish bus stop locations throughout the project site. Eagle Transit, a public transportation program that provides transportation in a safe manner for the transportation - disadvantaged and the general public of Flathead County, has recently incorporated a fixed route within the County and has several bus stops within Kalispell. After reviewing the proposed project, Eagle Transit staff is recommending one and possibly two bus station sites within the project. Staff would also recommend that the approved bus stop locations be improved in accordance with Eagle Transit's requirements which may include a bus shelter. This recommendation complies with Goal 3 of Chapter 10 of the Kalispell Growth Policy which states, "Provide Greater Diversity in Transportation Options." B. Control over vehicular traffic The developer hired WGM Group, Inc. of Missoula to conduct a traffic impact study for the proposed project. The traffic impact study determined weekday average daily traffic to be approximately 2,500 vehicles trips. The majority of these trips, approximately 80%, during peak traffic hours are anticipated to travel south of the project site. As a result of the traffic impact study the Valley Ranch Planned Unit Development layout shows two access points along Highway 93 that would be 3/4 turning movements at this time (allowing left and right -turns in and right -turns out, but prohibiting left turns out for traffic to travel southbound on Highway 93). A full movement intersection onto Highway 93, which would allow traffic to travel south from the project site is not recommended. Due to the access limitations to the site the traffic impact study recommends a connection with the commercially zoned property immediately south of the project site when the site is developed. A connection to the south would provide the project site with a connection with Rose Crossing and a potential future signalized intersection of Rose Crossing and Highway 93. This will provide a full movement intersection that has a higher level of service to accommodate south bound traffic from the site. Based on the traffic impact study, city staff is recommending that a condition of the PUD require the future subdivision on this site not be given final plat approval until a connection is made to the south where a full movement intersection would be provided. This future roadway connection will need to be constructed to city standards and be adequate to handle the volume of traffic generated by this development and subsequent development in the immediate area. The project design also includes the use of alleys on the smaller detached single-family lots and the townhouse lots. With the use of alleys planning staff is recommending the power, phone, natural gas and cable television lines normally placed just outside the road right-of-way instead be located within the alley right-of-way. This would place 17 potential electrical and phone pedestals in the alley preventing the street sides of the lots from being obscured with utility boxes and pedestals. After reviewing the proposed PUD plan the Kalispell Fire Department is recommending that Whitehall Road, from the west end of the apartment/ condominium lot, to Highway 93 be improved to carry emergency vehicles. The emergency access will need to meet fire code standards. The emergency vehicle access will be required as part of the preliminary plat of phase 1 based on the following subdivision regulations: Section 3.08(D) of the Kalispell Subdivision Regulations states that two or more vehicular accesses or separate multi ingress -egress into a subdivision are required when one or more of the following considerations are present: 1. Where the primary access road is over 1,500 feet long. 2. Where a primary access road is 1,000 to 1,500 feet long and it serves initially or in the future at least 20 residential lots or 40 residential dwelling units. 3. Where safe and convenient access and emergency vehicle circulation dictate. Upon reviewing the PUD plan the Kalispell Public Works Department is recommending the following conditions be placed on the PUD. These conditions will be placed on the preliminary plat for phase 1 to insure future road and utility connects to adjacent properties. • Round -Up Road must be built to the southern end of the project site boundary with phase 1. This will solidify the future connection with the residential development south of the project site and provide an outlet for the alley serving lots 34-39 in phase 1. • Whitehall Road must be constructed to city standards to the eastern boundary of the project site instead of the reduced roadway shown on the PUD plan. The Kalispell Planning Department is recommending an undefined 60-foot wide public road and utility easement be provided along the east side of Round -Up Road in the park area between lots 56 and 57. The easement would be undefined at this point and on future subdivision plats. The purpose of the easement is to provide a future alternative route out of the Ponderosa subdivision. Currently, if residents of Ponderosa choose to travel south to Kalispell their options are to travel west to the intersection of Highway 93 and Ponderosa Lane or travel north along Sirucek Lane. Sirucek Lane intersects Tronstad Road approximately 1/2 mile north of Ponderosa. Residents then must go either west to Highway 93 or east to Whitefish Stage Road to travel south. Placing an undefined 60-foot wide road and utility easement adjacent to the Ponderosa homeowner's park will provide residents the option of constructing a roadway from Ponderosa Lane, southwest through a portion of their park, and connecting with city streets in Valley Ranch. With increased development and traffic on Highway 93, a safer, less congested alternative to travel to areas south of Ponderosa may be necessary in the future. C. Visual enjoyment The 80 acre project site is relatively flat with some moderate slopes in excess of 10% on the east side of the site and a small hill on the west side adjacent to Highway 93. The 18 project proposes to maintain the visual enjoyment of the area by incorporating landscaped buffers along Highway 93 and maintain existing vegetation along Highway 93 and the Ponderosa subdivision. The project accomplishes this by including the following in the PUD plan: • The open space areas on the west side include a 100 foot wide buffer strip, small linear park and maintaining the west half of the small hill. A cross section of the 100 foot buffer adjacent to Highway 93 shows a landscaped earth berm with a height between 8 and 10 feet. Behind this a linear park, approximately 130 feet will also include landscaping in the form of trees and grass. • Along a portion of the project's boundary with the Ponderosa subdivision the developer has proposed a 100 foot wide buffer on the north end of lots 48-56. This area includes several stands of pine trees that would act as a buffer between the two developments. The proposed PUD also includes elevations of future single family, townhouse and apartment/ condominium units that would be built on the site. These elevations include gable roofs with split frame windows and a varying color pallet for the homes which help to emphasize the windows, porches, fascia, columns and other architecturally distinct features of the homes. The majority of the homes within the site will have access to an alley or common parking lot. This in turn allows for a streetscape that emphasizes the home and living space and places the driveways, garages and parking areas to the side or rear of the living units. D. Light and air The proposed R-2 zoning as well as the proposed PUD amendments still require housing setbacks and height limitations to provide for adequate light and air within the project proposal. Design guidelines have been included to.provide housing standards to maintain the visual quality of the entire project. E. Recreation The park areas and open space area will provide the recreational amenity within the development. These facilities will be owned and maintained by the homeowners association with the larger parks within the project being offered to the city to own and maintain. As a recommended condition of approval a parks maintenance district would be formed prior to fmal plat approval for the subsequent subdivision on the site. The maintenance district would provide funding for the city parks and, if necessary, the homeowners parks and open space areas as well. 4. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The project is proposed in a rural area of Flathead County with existing rural residential development immediately north of the project site. There are also several businesses located along Highway 93 immediately west and north of the site. Development of the 80.7 acre project site has the potential to impact existing residences of the Ponderosa subdivision located north of the project site. The Ponderosa subdivision is a rural neighborhood platted in the late 1970's and early 1980's. Lots within the Ponderosa subdivision vary between 1/2 acre to 1 acre in size. For decades residents in the Ponderosa subdivision have lived in a relatively quiet rural setting but as the city grows northward it is 19 reasonable to expect city densities to accompany this northward expansion. The developer has tried to offset some of the housing density impacts by incorporating larger lots, varying between 13,000± square feet to 32,000± square feet, adjacent to the Ponderosa subdivision and park and open space areas along the boundaries of the project. The park and open space areas vary from a 20-foot wide open space corridor on the north end of the Valley Ranch PUD site to a 100-foot wide linear park area between the proposed lots and the existing lots within the Ponderosa subdivision. These park and open space areas create a greater setback from future houses within Valley Ranch to existing homes within Ponderosa and, within the linear park, maintain several stands of ponderosa pines. There is a National Guard Facility currently located southwest of the project site's southwest boundary (the boundary corner closest to lot 14). The PUD plan shows the land uses closest to the National Guard Facility as single family residences. A letter received from Debra LaFountaine, Master Planner for the Department of Military Affairs, voiced concern over the proposal to place residential uses in close proximity to the facility. The letter notes that on weekends they have over 200 personnel conducting drills at the facility and they need to keep the area well lit. The concern is how this noise and light would impact future residents within the project. She is requesting this future problem be mitigated by possibly increasing the proposed buffer along the south side of the project site. The proposed PUD plan shows a future road extension to the southwest corner of the project site and a 100-foot open space buffer between the single-family lots and the National Guard Facility. At this time it is unclear whether the roadway and open space along the eastern boundary would mitigate issues identified by Ms. LaFountaine. Staff recommends that prior to submitting a preliminary plat for phase 2, the developer contact the Department of Military Affairs and work with them to come up with a suitable mitigation plan. The National Guard Facility is fairly new and can be expected to continue operating for the next 20 years or more. 5. 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 application indicates the site will be developed in 3 phases and a phasing timeline was included with the application. The phasing plan has phase 1 developing within 2 years of approval of the PUD. Phases 2 and 3 will develop within the next 4 and 6 years of approval respectively. Phase 1 includes single-family residential lots 28-45, townhouse lots 1-8, the 4.9 acre assisted and independent living facilities lot and the 8.7 acre apartment/condominium lot. Phase 2 includes single-family residential lots to the north and south of phase 1. Phase 3, located in the northwest portion of the project site, includes the remaining single-family lots and townhouse lots. The developer is constrained with the timing of the first phase of the project since he will not be able to obtain final plat approval for phase 1 until Rose Crossing is constructed between Whitefish Stage Road and Highway 93. This construction needs to occur to allow the developer to construct an access road south to Rose Crossing to provide the residents of Valley Ranch a safe full movement intersection onto Highway 93. 20 Although planning staff acknowledges the development constraints on the property the proposed PUD, if approved, should have a sunset date. Planning staff recommends that the PUD be valid for a period of two years with the option for a one year extension. Within this initial potential three year period, the developer will need to obtain preliminary plat approval for the first phase. Subsequent phases will need to obtain preliminary and final approval within two years of filing the final plat for phase 1. However, the PUD will expire if, after preliminary plat approval is given for phase 1, the final plat is not filed within the required timeframes (i.e. a maximum of 7 years from the PUD approval date) The purpose of placing these time frames on the PUD is to insure that there continues to be a viable project on the site and prohibit developers from sitting on land for several years to decades before starting their approved project. The time frame also provides the adjacent public assurance of what is anticipated on the site. Part of the requirements of the PUD is that the developer would enter into an agreement with the City of Kalispell to adequately insure that the overall integrity of the development, the installation of required infrastructure, architectural integrity and proposed amenities, are accomplished as proposed. A recommended condition of approval for the PUD would require this agreement be in place prior to filing the final plat for the first phase of the project. 6. Conformity with all applicable provisions of this chapter. No other specific deviations from the Kalispell Zoning Ordinance can be identified based upon the information submitted with the application other than those addressed in the beginning of this report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPUD-08-1 as findings of fact and recommend to the Kalispell City Council that the PUD for Valley Ranch be approved subject to the conditions listed below: General Conditions: 1. The Planned Unit Development for Valley Ranch allows the following deviations from the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2 zoning district). Allows the minimum lot area to be reduced from 9,600 square feet to 8,100 square feet for detached single-family lots. B. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district). Allows townhouse as a permitted use within the R-2 zoning district. The townhouse units may also be used temporarily as a model unit for sales 21 purposes. Note: The townhouse lots may be reduced in size but in no case shall the lot size be below 2,000 square feet or 6,000 square feet for the parent lot. C. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning district). Allows assisted and independent living units and apartment/condominium units in the R-2 zoning district. These units may also be used temporarily as a model unit for sales purposes. D. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%). Allows lot coverage for the townhouse lots to increase to 45%. E. Kalispell Zoning Ordinance, Section 27.24.090 (Permitted signs in Zones R- 1, R-2, R-3 and R-4). Allows the following: • One 24 square foot sign and one 10 square foot entry sign for the apartment/condominium development. • Two 10 square foot entry signs for the assisted/independent living facility. • Two marketing signs not to exceed 64 square feet. Note: Only one marketing sign may be placed adjacent to Highway 93. The signs shall be maintained and kept in good condition. The signs shall be removed upon the sale of 80% of the dwelling units or if the PUD expires. 2. A revised PUD master plan shall be provided with the preliminary plat submittal of phase 1 which incorporates the Valley Ranch PUD conditions of approval. Note: The implementation of the conditions may result in the loss of dwelling units. 3. That the development of the site shall be in substantial compliance with the following plans, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council: • A maximum of 278 dwelling units and up to 104 assisted and independent living units. • Valley Ranch PUD master plan dated 5-20-08 • Phasing Plan • Schematic Landscape Plan • Elevations for single family lots 22 • Elevations for the townhouse lots Preliminary schematic site plan for the assisted and independent living facility • Elevations and preliminary schematic site plan for the condo or apartment units • Landscape Buffer for Highway 93 • Declaration of Covenants, Conditions, and Restrictions • Design Standards Note: The building height and lot coverage standards will be modified to comply with the zoning ordinance's definition and calculation of these standards. The reference for guest homes shall be removed. • Typical road sections Note: For the road section the sidewalks shall be located within one foot of the right-of-way line to provide for a widened boulevard. For the alley section that area between the edge of pavement and property line shall be seeded. 4. A street and associated right-of-way meeting city standards shall be constructed in the area of townhouse lot 22 from Plentywood Loop south to the project's boundary with assessor's tract 3BA. This construction and right-of-way dedication shall occur prior to final plat approval for phase 3. 5. The following parks shown on the PUD plan shall be dedicated to the City of Kalispell upon final plat approval for each of the respective phases: • Phase 1 -The 1.5 acre park next to the assisted living facility • Phase 2 - The 3.3 acre linear park along the south boundary of Ponderosa Estates • Phase 3 - The 8 acre park 6. The developer shall provide the Parks and Recreation Department with a revised park improvement plan for each of the three city parks with the submittal of the preliminary plat. Park improvements shall include the following: • A trail starting at the northwest corner of the PUD and connecting with a highway side trail aligned through the 8 acre park, through the linear park and connecting via the sidewalks along Sun Prairie Court with the 1.5 acre park adjacent to the Assisted Living Complex. The trail must be paved to an 8 foot width on the interior of the site and 10 feet wide adjacent to the highway. • Provide easements for a trail adjacent to Highway 93 along the northwestern portion of Valley Ranch. 23 • Provide landscaping and irrigation in the public park areas acceptable to the Kalispell Parks and Recreation Department. • Provide one tennis court, one 20 foot diameter shelter/pavilion, a hard -surface multi -purpose court and a 5-12 year -old playground in the 8 acre public park. • Provide a 12-14 foot diameter shelter and a 2-5 year -old tot lot in the 1.5 acre park. • Provide benches in each of the parks along the trail and benches along the trail in the linear park. The plans shall be reviewed and approved by the Parks and Recreation Department and implemented prior to final plat approval. 7. Detailed plans for parks, open space areas, and 100-foot highway setback buffer, other than the three city parks cited in condition 5, shall be submitted with the preliminary plat application of their respective phase. The Parks and Recreation Department shall review and provide a recommendation of the plans for city council approval. 8. A pedestrian/ bike path plan shall be submitted with the preliminary plat application for phase 1 to the Parks and Recreation Department for its review. The plan shall include the pathway width and construction materials for the paths located throughout the Valley Ranch PUD. The city council shall approve the plan with path construction coinciding with the various phases of development. 9. Parks and open space development for phase 1 shall include the 1.5 acre city park adjacent to the assisted living facility, the 0.8 acre homeowner's park north of the 8.7 acre apartment/condominium lot and the 100-foot wide buffer area along Highway 93. 10. Prior to obtaining a building permit for the assisted and independent living facility, the developer shall submit an amendment to the Valley Ranch PUD for a public hearing showing the location, size, elevations, landscaping and parking associated with the assisted and independent living facility. Note: The building shall incorporate four sided architecture and an' on -site public transit location. Building plans shall incorporate the use of an automatic fire suppression system. 11. Prior to issuance of a building permit for each of the multi -family buildings, the Kalispell Site Review Committee shall review each individual building plan with all applicable city codes and policies and the following: • Heavy duty loop bike racks capable of holding 5 bicycles located adjacent to each building • A landscaping and irrigation plan • Sidewalk connectivity between the units, parking areas, bike paths if applicable and sidewalks along the adjoining streets • Multifamily buildings on the same lot shall have a minimum building separation of 20 feet (eave to eave). 24 12. The clubhouse for the apartment/ condominium units shall be completed prior to issuance of the certificate of occupancy for the 41st unit. The clubhouse shall be approximately 2,500 to 3,000 square feet in size and have bathrooms and kitchenette facilities in addition to multipurpose rooms. The clubhouse may serve as a sales office for the apartment/condominium units. 13. Prior to final plat approval for phase 1 the following road improvements shall be installed: • Whitehall Road, from the west end of the apartment/condominium lot, to Highway 93 shall be improved to carry emergency vehicles. The emergency access will need to meet fire code standards. • Round -Up Road shall be built to the southern end of the project site boundary to city standards. • Whitehall Road shall be constructed to city standards to the eastern boundary of the project site. 14. An undefined 60-foot wide public road and utility easement shall be provided along the east side of Round -Up Road in the park area between lots 56 and 57. The easement shall be noted on future subdivision plats. 15. A landscaping plan for any lift stations on the project site shall be provided with the submittal of a preliminary plat. The landscaping plan shall incorporate a combination of trees and shrubs with a density adequate to screen the lift station from public view. 16. Future subdivisions on the project site shall not be given final plat approval until a street connection is made to the south which provides a full movement intersection in order for traffic to travel south on either Highway 93 or Whitefish Stage Road. 17. Upon submitting a preliminary plat application for each phase the developer shall provide the Public Works Department with a plan of how sewage will be conveyed to the sewer treatment plant. The plan, once reviewed and approved by the Public Works Department, would be required to be installed prior to final plat approval. 18. The developer shall submit a an overall stormwater plan for the entire development with the preliminary plat application of phase 1 and a concept drainage report for each of the preliminary plat submittals. The concept drainage report shall include but is not limited to the following: • Narrative: The narrative shall describe all proposed methods and alternatives for stormwater treatment and disposal, as well as provide sufficient information, supporting technical data, assumptions, design criteria, and drainage calculations. If phasing is anticipated, an explanation of how the drainage system will be phased and constructed shall also be included; • Schematic: The schematic plan of the proposed stormwater system shall show the approximate size and location of all drainage components; 25 • Geotechnical Information: If infiltration is proposed, then sufficient site characterization work shall be completed to demonstrate that the proposed facilities will function as intended. • Pre -Development Basin Information: This information shall summarize the pre -development drainage patterns for all basins contributing flow to, on, through, and from the site. The narrative shall identify and discuss all existing on -site and/or off -site drainage facilities, natural or constructed, including but not limited to Natural Drainage Ways (described in the 2008 Kalispell Stormwater Facility Plan Update, if applicable), conveyance systems, and any other special features (i.e. wetland, streams, rivers) on or near the project; and, • Down -Gradient Analysis: This analysis shall identify and discuss the probable impacts down -gradient of the project site. 19. A park maintenance district shall be formed in accordance with section 7-12- 4001 MCA incorporating all the lots within the Valley Ranch project. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat for each phase. 20. The developer shall work with Eagle Transit to establish bus stop location(s) within the Valley Ranch PUD. The approved bus stop location(s) shall be included on a revised PUD plan and submitted with the preliminary plat of phase 1. Bus stop location(s) shall be improved in accordance with Eagle Transit's requirements, which may include a bus shelter, in the respective phase the bus stop is located within. 21. Prior to submitting a preliminary plat for phase 2 the developer shall contact the Department of Military Affairs and work with them to come up with a suitable plan to buffer the anticipated residential land uses adjacent to the existing National Guard facility. 22. A minimum of two-thirds of the necessary public infrastructure shall be completed prior to final plat submittal for each phase and that both the water and sewer systems serving the phase are operational. 23. The power, phone, natural gas and cable television lines shall be located within the alley right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate 10-foot easement outside of the road right-of-way easement. 24. Street lighting shall be located within the development and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. 25. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. The development agreement shall be submitted with the final plat application of phase 1. 26 26. Approval of the planned unit development shall be valid for a period of two years from the date of approval with the possibility of a one-year extension to be granted by the city council. Within this time, the developers shall obtain approval of a preliminary plat for the first phase of the project. When a preliminary plat is submitted and approved for the site the developer will have up to three years to complete the first phase and two years to complete subsequent phases. The Valley Ranch PUD shall expire if, after preliminary plat approval is given, the final plat is not filed within the above stated timeframes 27