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Staff Report/Annexation & ZoningTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Hutton Ranch Plaza --Annexation and Initial Zoning Designation of B-2 / PUD MEETING DATE: July 5, 2005 BACKGROUND: This is a request for annexation and initial zoning of B-2, General Business, with an application for a planned unit development and preliminary plat approval of Hutton Ranch Plaza. The property is located on the east side of US Highway 93 south of the Mountain View Plaza development and north of Flathead Valley Community College. The site includes approximately 46 acres of land owned by both the Hutton Ranch Plaza Associates and Flathead Valley Community College. Hutton Ranch Plaza Associates and the Flathead Valley Community College are working on a land exchange that would make Hutton Ranch Plaza Associates the sole owner of the site. The developers plan on a commercial project that would include approximately 450,000 square feet of mixed retail, restaurants and specialty stores; a 16 screen movie theatre and perhaps a hotel. The developers are proposing to create a high quality project that will have good architectural integrity, substantial landscaping, pedestrian access, good site circulation and desirable tenants. An internal access road will be developed that will align with the southern access to the Spring Prairie site near the center of the property. This would be developed as a City street and constructed to City standards. The developers of this project as well as Costco are anticipating this will be a signalized intersection which will be subject to MD©T approval and installed at the developers expense. There are two additional accesses to the site that will be located to the north and south of the main access that will be right in and right out only. The project is anticipated to be developed in two phases with Phase 1 being the area that would be north of the main access road which would begin immediately upon approval of the PUD and preliminary plat. The main access road would be completed during the first phase. It is anticipated that construction on the buildings in Phase 1 would start in the Spring of 2006. Phase 2 improvements would be south of the main access road and construction in this area may be dependent on the completion of Phase 1 or the identification and commitment from additional tenants. The site is currently under agricultural production and is in the County zoning jurisdiction. The County zoning for this property is SAG-10, a Suburban Agricultural zoning designation that has a ten acre minimum lot size requirement for newly created lots and anticipates limited agricultural uses. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Hinton Ranch Plaza Annexation and Initial Zoning June 28, 2005 Page 2 The Kalispell City Planning Board met on June 14, 2005 and held a public hearing to consider this proposal. The staff noted that the developers were not requesting any variances with the PUD but rather wanted to provide the public and City with information regarding the proposal and assurances that the project would be of high quality and consistent with the type of development that would be anticipated in this highly visible entrance corridor. The planning board noted the application was very thorough and answered almost every question. During the public hearing the applicants explained their proposal, the enthusiasm about being in the Valley and their commitment to a good project. The engineers explained the status of the proposed signal and the MDOT review process. There was no one who spoke in opposition to the project. The board discussed the proposal and the planning board agreed this was a very good project and it would be complementary to other development in the area. A motion was made to recommend to Kalispell City Council that the property be zoned B-2 /PUD, General Business, upon annexation subject to the conditions passed on a unanimous vote. RECOMMENDATION: A motion to approve the resolution annexing the property and the first reading of the ordinance for the zoning and PUD overlay subject to conditions would be in order. FISCAL .EFFECTS: ALTERNATIVES: Respectfully submitted, i�-G T ire Narda A. Wilson Senior Planner Limited positive impacts once fully developed. As suggested by the City Council. Report compiled: June 28, 2005 c: Theresa White, Kalispell City Clerk James H. Patrick City Manager Attachments: Transmittal letter Staff report #KA-05-10 / KPUD-05-5 and application materials Draft minutes from 6/ 14/05 planning board meeting TRANSMIT\KALISPEL12005 \KA05-IOKPUD-5-5MEM RESOLUTION NO. 5024 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 3 AND A PORTION OF ASSESSOR'S TRACT 4G LOCATED IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HUTTON ADDITION NO. 365; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Hutton Ranch Plaza Associates, LLC, the owners of property located on the east side of Highway 93 between Flathead Valley Community College and the Mountain View Plaza, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Hutton Ranch Plaza Associate's Annexation Request, #KA-05-1viKPUD-05-5, dated aune 7, 2005, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City B-2, General Business, with a Planned Unit Development overlay on approximately 46 acres upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Hatton Addition No. 365, SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUN CIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF JULY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street Last— Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricitygeenturytel.net June 28, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Hutton Ranch Plaza - Annexation and Initial Zoning Designation of B-2 with a Planned Unit Development (PUD) Overlay Dear Jinn: The Kalispell City Planning Board met on June 14, 2005 and 'held a public hearing to consider a request for annexation and initial zoning of B-2 General Business concurrent with an application for a planned unit development and preliminary plat approval of a 26 lot commercial subdivision on approximately 45 acres. The property is located on the east side of Highway 93, north of Four Mile Drive and directly east of the proposed Costeo site in Spring Prairie Planned Unit Development. Narda Wilson, of the Tri-City Planning Office, presented staff report KPP-05-12 evaluating the proposal. She noted that the PUD would provide the public with site specific information, limit uses that would be considered incompatible, and result in a high quality development. Amendments to the conditions were also discussed. During the public hearing the applicant, Phil Harris, and John Engebretson, Chairman of the FVCC Board of Trustees spoke in favor of the proposal. No one spoke in opposition. The; board discussed the proposal and the testimony. A motion was made to recommend to Kalispell City Council that the preliminary plat be approved subject to conditions, as amended, which passed unanimously on a roll call vote. The amended conditions are attached as Exhibit A. Please schedule this matter for the July 5, 2005 regular City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Hutton Ranch Plaza Annexation and Initial Zoning June 28, 2005 Page 2 GT/NW/ma Attachments: Exhibit A - PUD Conditions of Approval Petition to annex (original) Exhibit B - legal description. Staff report KA-05-10 / KPUD-05-5 and application materials .Draft minutes 6/14/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Hutton Ranch Plaza Associates, LLC, 4 Sunset Plaza, Ste 201, Kalispell, MT 59901 Philip Ss Donna Harris, 360 Tetrault Road, Kalispell, MT 59901 Jane Karas, Flathead Valley Community College, 777 Grandview Drive, Kalispell, MT 59901 Morrison Maierle, Inc., 1228 Whitefish Stage Road, Kalispell, MT 59901 Mutton Ranch Plaza Annexation and Initial Zoning June 28, 2005 Page 3 EXHIBIT A HUTTON RANCH PLAZA PLANNED UNIT DEVELOPMENT KA.ISPELL CITY PLANNING BOARD JUNE 14, 2005 The Kalispell City Planning Board held a public hearing was held on this matter at the regular meeting of the planning board of June 14, 2005. The following conditions were included in the recommendation for approval of the preliminary plat. 1. 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 planned unit development as approved by the city council. (Kalispell Subdivision Regulations, 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 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 (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. The proposed development area within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. 5. That the internal access road at the southwest portion of the site providing access to the property to the south be constructed as a frontage road and that the parking along the frontage road be eliminated. The road design shall be coordinated through the Kalispell Public Works Department. (Site Development Review Committed 6. The following requirements shall be met 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 specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. Hutton Ranch Plaza Annexation and Initial Zoning June 28, 2005 Rage 4 b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a weed free, dust -free area until such time as that phase is fully developed prior to construction. 8. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from the Montana Department of Transportation and the City of Kalispell. aletig both sides ef th@ intermn.4 readways exeept where they inainediately abut pafking let island or planter- er abut building frei4ts. and a miftimum three feet ta4l hedge or- shna t-ween the paFking lots aiad the readways. 9. That pedestrian walkways be provided as indicated on the site plan that provide a continuous and connected system with the existing walkways along Highway 93 including a sidewalk on both sides of the main entrance road separated by a minimum five foot landscape buffer. 10, That landscaping be completed in substantial compliance with the plan that was submitted and would be subject to review and a roval by the Parks and Recreation Department. This would include landscaping along the hi hwa internal 'Public street, internal access road, parking lots and common areas. 9. That the laiidseape areas within the site be eenstraeted as proposed that ine4ud 11. That the use of retaining walls in excess of four feet tall be avoided, but rather the implementation of landscaped terracing be used to make the transition in areas with the steepest grades. 12. The list of materials and exterior building treatments that was part of the Hutton Ranch Plaza Annexation and Initial Zoning June 28, 2005 Page 5 application for the final development of the buildings be included in the development agreement with the City. 13. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and level of lighting not exceeding what is appropriate for its purpose. The light poles shall be limited to a maximum of 30 feet with a full cut-off lens that does not shed light above a 70 20 degrees below the horizontal plane. No more than .5 candles of light are ermitted at the edge of the site. 14. That the uses allowed within the development shall not include those which require areas for the display of large merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales and lumberyards. This would not preclude incidental events associated with the other businesses on the site. 15. That the theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet in height from the highest point of the gable or parapet wall, 16. That the refuse areas be adequately screened from public view. 17. That a good faith effort be made by the developer to provide access to the property to the north to provide connectivity between the sites. 18. That the covenants be recorded and made a part of the development agreement with the city to insure maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development for parking, access and utilities. 19. That the phasing and timing of the development shall occur as proposed. Bonding for the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed as proposed shall be provided by the developer. 20. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. HUTTON RANCH PLAZA TRI-CITY PLANNING OFFICE STAFF REPORTS KA-05-10 / KPUD-05-5 JUNE 7, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for an initial zoning designation of B-2 / PUD. A public hearing has been scheduled before the Kalispell City Planning Board for June 14, 2005 beg -inning at 7:00 PM in the Kalispell City Council Chambers. The planning board will, forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: The developers have petitioned for annexation and initial zoning of B-2, General Commercial, with a planned unit development overlay concurrent with a request for preliminary plat approval of a 26 lot commmercial subdivision.. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell. Zoning Ordinance This property will be annexed under the provisions of Sections 7-2--4601 through 7-2- 4610, M.C.A., Annexation by Petition. A. Petitioner and Owners: Hutton Ranch Plaza Associates, LLC 4 Sunset Court, Suite 201 Kalispell, MT 59901 (925) 884--4800 Phillip and Donna Harris 360 Tetrault Road Kalispell, MT 59901 (406) 755-6024 Jane Kara Flathead Valley Community College 777 Grandview Drive Kalispell, MT 59901 (406) 755-756-3822 — _ L �. 2 — — 1 A .. —4-- .- � - 'NIT ..�...:......... 7\ iF.-.:.,....7 Tom...... IechrJ U44 AMOOLOLcLnce. A1V111303.1 LV1WC11i.., 111L. 1228 Whitefish Stage Road Kalispell, MT 59901 (406) 752-2216 B. Location and Legal Description of Property: The property being proposed for the annexation, zoning, PUD and preliminary plat is located on the east side of US Hwy 93 between Flathead Valley Community College and the Mountain View Plaza. The properties can be described as Assessors Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North Range 21 West, P.M.M., Flathead County, Montana. C. Nature of the Request: This is a request for annexation with an initial zoning designation. of B-2 / PUD, a General Business zoning district with a planned unit development overlay. The developers have acquired approximately 46 acres for commercial development that is proposed for approximately 450,000 square feet of t mixed retail, restaurants and specialty stores; a 16 screen movie theatre and perhaps a hotel. The site includes approximately 46 acres of land owned by both the Hutton Ranch Plaza Associates and Flathead Valley Community College, Hutton Ranch Plaza Associates and the Flathead Valley Comm -unity College are working on a land exchange that would make Hutton Ranch Plaza Associates the sole owner of the site. The developers are proposing to create a high quality project that will have good architectural integrity, substantial landscaping, pedestrian access, good site circulation and desirable tenants. An internal access road will be developed that will align with the southern access to the Spring Prairie site near the center of the property. This would be developed as a City street and constructed to City standards. The developers of this project as well as Costco are anticipating this will be a signalized intersection which will be subject to MDQT approval and installed at the developers expense. There are two additional accesses to the site that will be located to the north and south of the main access that will be right in and right out only. The project is anticipated to be developed in two phases with Phase 1 being the area that would be north of the main access road which would begin immediately upon approval of the PUD and preliminary plat_ The main access road would be completed during the first phase. It is anticipated that construction on the buildings in Phase 1 would start in the spring of 2006. Phase 2 improvements would be south of the main access road and construction in this area may be dependent on the completion of Phase 1 or the identification and commitment from additional tenants. D. Existing Land Use and Zoning: The site is currently under agricultural production and is in the County zoning jurisdiction. The County zoning for this property is SAG-10, a Suburban Agricultural zoning designation that has a ten acre minimum lot size requirement for newly created lots and anticipates limited agricultural uses. E. Adjacent Land Uses and Zoning: North: Commercial development - Mtn View Plaza, City B-2 / PUD zoning South: Agricultural and FVCC, County SAG-10 and R-1 zoning East: Agricultural and Stillwater River, County SAG-10 zoning West: Spring Prairie Development, DNRC property, City B-5 / PUD zoning F. General Land Use Character: The general land use character of this area is a mix of commercial, agricultural, public and residential. It lies in an expanding area between the rural and urban areas of north Kalispell. G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell 2 H. Relation to Zoning Requirements: The applicants are proposing a PUD with an underlying B-2, General Commercial zoning designation. The PUD would allow all of the permitted and conditionally permitted uses listed in the B-2 zoning district with the exception of those specifically exempted in the application. The PUD has been used in order to primarily address a building height issue that would allow the theatre and hotel to exceed the 40 foot height limit up to 60 feet which is permitted through the conditional use permit process. The PUD application and proposal would eliminate the need for the conditional use permit. Additionally, the developers would like to demonstrate their good faith in developing this site by showing the intended uses, architecture and sign package proposal. This benefits the City and the developer so that when development begins the zoning issues have been previously addressed. EVALUATION OF PROPOSED PUD OVERLAY The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. and the Kalispell Zoning Ordinance. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A and Section 27.30.020, Kalispell Zoning Ordinance. 1. Does the requested zone comply with the Master Plan? The Kalispell City Growth Policy 2020 designates this property as Urban Mixed Use and Public. The proposed zoning is consistent with the type of development anticipated for this area and the growth policy in general. 2. is the requested zone designed to lessen congestion in the streets? The development is proposed to be served from three accesses from Highway 93. Primary access will be from a controlled intersection near the center of the site where a traffic signal is proposed to serve the Costco site as well. The northernmost access along Highway 93 will be a right turn in and out only. The access located at the south end of the property along Highway 93 would function as a through access within the development. Highway 93 is maintained by the Montana Department of Transportation. Highway 93 has been upgraded to four lanes with a center turn lane. Highway 93 is in good condition. The primary access to the site is near the center of the development and provides a channel for the traffic entering the site. This roadway win be a City street and extended to the eastern boundary of the property to allow for a continuation of the road for the passible development of the property to the east. A full traffic analysis assessing the impacts of this development has been included in the PUD application and will require review and approval by the City and Montana Department of Transportation with regard to mitigation and access. 3. Will the requested zone secure safetV from fire anic and other dangers? This property is in the northern boundaries of approximately three and one-half miles from the the construction of a new fire station will begin in the city limits. The site is current fire station. However, the summer of 2005 which will 3 be located on the opposite side of the street behind Costco and using the same intersection. / access as the Hutton Ranch Plaza development, All of the infrastructure within the development will be constructed to City standards. The building will be constructed in accordance with the International Building Code that the City of Kalispell has adopted. This development will not compromise the security from fare, panic or other dangers. 4. Will the requested change promote the health and general welfare: A planned unit development proposal gives the public and adaninistration the opportunity to review the development plan on the site which should result in better overall design, integration into the landscape and as an entrance to the community. Part of the development proposal includes the extension of public water and sewer to the site. The location of the commercial development is at a busy intersection and the property enjoys good exposure, positioning with similar developments, access to a major collector and reasonable topography. The location of the project, types of uses anticipated and connection to City utilities promotes the general health and welfare of the community. 5. Will the requested zone provide for adequate light and air? The planned unit development exceeds the standard 40 foot height limit of the zoning with two buildings that are located near the eastern portion of the site. The zoning allows buildings up to 60 feet with a conditional use permit. The PUD would eliminate the need for a conditional use permit and allow the theatre and possibly the hotel to go up to 60 feet in height. The potential height and size of these buildings can be mitigated by their location as well as their proximity to other large scale buildings in the area. All of the other buildings within the development would comply with the height limitations and setbacks for the B-2 zoning district. Adequate light and air will be provided under the proposal. 6. Will the requested zone revent the overcrowding of land or undue concentration of people? The development proposal, at full building out, would be anticipated to contain approximately 463,000 square feet of retail and restaurant uses along with a 16 screen movie theatre and a 150 room hotel. The development of the site would have substantial impacts on traffic and people in the area. Traffic impacts associated with the type and intensity of development proposed pose the greatest impact. Mitigation of potential traffic impacts associated with the development of this site would be identified in the traffic impact analysis that will be required by the Montana Department of Transportation and the City of Kalispell which would deal primarily with impacts along Highway 93. This may include the use of deceleration lanes, limited access along the highway, traffic signals and ether appropriate means of mitigation. Although the level of development for this project is intense in its commercial nature, it is consistent with other development in the area and appropriately located. 4 7. Will the requested zone facilitate the adeq, ate rovision of transl2ortation, crater, sewerage, schools,_ parks,_ and other public requirements? City infrastructure will be extended to the site as it relates to water and sewer. A complete and adequate analysis of the needs of the development and the existing infrastructure and the ability of the City to serve the project will be analyzed. Currently it would appear that there is adequate capacity within the existing lines to service this property. Fire and police services will also be required to service the site which will require fire safety improvements that will include improvements to the water system, hydrants and sprinkled buildings, for example. The location of this development in relation to the City fire department will be very good once the new station is completed and response times to the site will be good. Adequate provision of public services and utilities to the site can be provided. S. Does the reguested zone give consideration to the particular suitability of the -pro erty for particular uses? The location of this project between the community college, the Mountain View Plaza development, the Spring Prairie development, Kalispell Youth Athletic Complex and availability of City services makes this property particularly well - suited for the particular uses proposed for the site. 9. Does the requested zone give reasonable consideration to the character of the district? The character of the area is a mix of public facilities (sports complex and college) agricultural and commercial. The commercial development in the area in recent years has been expanding and is well situated for the types of uses that are in place. Development of this property with a similar use appears to give reasonable consideration to the character of the area. 10. Will the pro -posed zone conserve the value of buildings? Most of the properties in the area are commercial or public in nature with the exception of the agricultural property to the east that will be owized by Flathead Valley Community College. A commercial development such as that which is being proposed conserves and contributes to the value of buildings in the area by creating similar uses that will foster each other and create a synergistic environment. 11, Will the requested zone encourage the most apprapriate use of the land throughout the jurisdiction? There are few locations within or close to the city limits of Kalispell that could accommodate a commercial development of this size. Additionally, the location of a similarly large development within the immediate proximity of this property makes it particularly well suited by creating a regional shopping area. The planned unit development will offer some predictability as to how and when. this 61 property would be developed, the types of uses, the architecture of the building and the site design.. This rezoning would encourage the most appropriate use of this property and the use of land in the planning jurisdiction. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: The Hutton. Ranch Plaza PUD is an approximately 46 acre site which is proposed for the development of a mix of large scale retail, specialty retail, restaurants, a theatre and possibly a hotel. The total retail f restaurant area would contain approximately 463,000 square feet with the theatre having 16 screens and the hotel having 150 rooms. The larger retail merchants are located along the north and south portions of the site with the smaller uses being located along Hwy 93 and internal to the projects. Three accesses are proposed along Highway 93 with the center access being controlled with a traffic light. Two accesses are proposed as right in right out only at the north and south points of the site_ The applicants are proposing a pedestrian path within the site that connects with existing paths along Highway 93. Uses that would not be anticipated on the site would be uses which require large outdoor display of goods such as auto sales. The project is proposed to be phased in two phases depending on market conditions. Phase 1 would occur north of the main access road and Phase 2 would occur south of the main access road. Completion of the main access road would be accomplished during Phase 1_ Based on other development in the immediate area, it is anticipated that build out could be achieved in as little as three to five years. Phase 1 would include the development of the north part of the theatre and approximately 170,000 square feet of retail and restaurant, the theatre and hotel and associated parking and landscaping. Phase 2 would be the site to the south the primary access road and include the incremental building of approximately 282,00 square feet of use along with the associated parking, landscaping and related infrastructure_ The phasing will depend on market conditions and necessary infrastructure. The largest buildings located to the east of the site would have a maximum building height of approximately 60 feet which would be associated with the theatre and hotel. The other buildings would be 40 feet in height or less which is consistent with the standard height limit of the B--2 zoning district. A sign plan has been submitted with the application that includes two large shared Pylon signs for the major tenants located at the north and south portions of the site along Hwy 93. Those signs would have a total height of 28 feet, would be setback 51 feet from the edge of right of way and contain approximately 200 square feet per face. Four monument signs would be used for the smaller buildings along the primarily internal access road that would be five feet four inches in height. The signs comply with the zoning for this development. Wall mounted signs are also addressed in the sign package that will be calculated on a building frontage basis of 1.5 square feet per lineal foot of frontage and will undergo architectural review. They will be generally comprised of individual internally illuminated letters. Parking is indicated in several areas within the site, with the main parking lots located north and south of the primary access road. There are approximately 2,474 parking spaces provided for the site. Parking was calculated at a ratio of one space per 200 square feet as provided for in the zoning regulations for shopping centers. Additionally, I the parking for the theatre can use some shared parking as provided for under the zoning for day time - night time uses. Parking could be alternately calculated based on individual uses which is a bit more complicated. Parking for the site is adequate and complies with zoning requirements. Parking, access and landscaping will all be commonly owned, used and maintained through a joint use easement and access agreement in the covenants for the project. Landscaping is indicated throughout the site along the perimeter, within the parking lots and along the internal access roads. This comprises the major areas of landscaping within the site in addition to the landscaping within the parking lots. 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 planned unit development 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 and 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: I. 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; The planned unit development for the Hutton Ranch Plaza does not deviate from zoning. The only request through the PUD related to zoning deals with allowing the increase in height for the theatre and hotel up to 60 feet without going through the conditional use permit process. It is noted that the theatre will have an iconic theatre "grand entrance": and the hotel is anticipated to be three stories with a gabled roof that may be up to 60 feet. 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; Open space is defined in the Kalispell Zoning Ordinance as "Any part of a lot unobstructed from the ground upward. Any area used for parking or maneuvering of automotive vehicles or storage of equipment or refuse shall not be deemed open space_" Open space indicated on the site plan is generally the landscape areas within the property with landscaping internal to the site and along the high right-of-way. The application includes a detailed landscape plan that covers the type and location of the species, lighting, maintenance and other treatments. All of the parking lots, 7 roadways, sidewalks and landscape areas will be held in common and have cross easement agreements recorded to ensure unrestricted accesses within the site. These common parking and access areas will be generally maintained through a property owners association for the development. The covenants submitted with the application address the ownership and maintenance of the common area that includes the landscape areas, parking and driving aisles within the site. 3. The manner in which said pran 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; Public water and severer is available to the site from the Hwy 93 right of way and will be extended to service the development. The City's 12 inch main from the Flathead Talley Community College to the south was extended to the intersection of Hwy 93 and West Reserve Drive with recent development in the area. A looped water main system has been proposed within the development. The infrastructure extended to this site would be capsized in anticipation of additional development that may take place on the property to the east at some point in the future. Storsnwater drainage is intended to be handled on site. No detailed plan for handling drainage has been submitted at this time, but will be engineered as part of the site development plan. The application states that several options are being assessed including the development of an underground detention system that would be located on the southern portion of the site in Prase 2. An above ground detention area may be developed in. Phase 2 while Phase 1 is undergoing build out and them converted to an underground system. once Phase 2 is initiated. Traffic is proposed to be handled by having three accesses onto Highway 93 with a signalized intersection at the center entrance. The Montana Department of Transportation will have to review and approve the accesses as well as the proposed signalization of the intersection. A full traffic analysis has been submitted with the PUD application, that assesses the impacts to the system. The State will need to complete a review of the traffic impact study and site plan for the project. The MDOT expects all traffic impacts would be identified and there would be a commitment to mitigation prior to permitting. Comments from the Montana Department of Transportation regarding the proposal have not been received. However, it can be anticipated that the project will go through the systems impact review process to assess impacts to all roads in the area, identify and complete mitigation. Mitigation identified by the traffic impact study and required by MDOT will be at the sole cost of the developer/property owner and not to the general public. Any encroachments or landscaping within state highway right-of-way will require encroachment permits from MDOT. Due to the proposed size of commercial development and future traffic impacts, MDOT`s Transportation Planning Division will coordinate internal review through its System Impact Review Process via the Helena Headquarters office. This must be done and completed prior to airy approach permits being issued from the Kalispell Area Office. Although not a direct impact on the transportation system, drainage and utility infrastructure are a concern and would be identified in the evaluation process in detail. Internal traffic is proposed to be handled primarily through a main access road from Highway 93 that will become a City street and will be extended to provide access to the property to the east.. The developer has started dialogue with the owners of the 8 development to the north, Mountain View Plaza, to try to coordinate an access between the two developments to provide some connectivity and better circulation. One access along the southwest corner of the property is proposed for extension to access the college property to the south if and when development should occur. Future access to the property to the south of this site should be accommodated via the development of a private frontage road whose design can be coordinated with the public works department to avoid another access from Hwy 93. The overall design of the main parldng lots provide opportunity for traffic to be channeled in a manner that will lead to smooth flawing traffic within the lot. 4. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The location of this project is well suited .for the community for several reasons: primarily because there is like development in the area to the north and to the west that will complement each other and create a synergistic economic environment for the retailers and consumers as well. Additionally, the proximity to Hwy 93, controlled access and a quality highway address concerns that a project of this size would generally create because of potential traffic impacts. The project proposes quality design in the buildings, signage, landscaping and general site layout. This creates a threshold by which other developments can be compared and evaluated. The uses anticipated that would occupy the project would be compatible with the entrance corridor to Kalispell and would not include vehicle, boat or manufactured home sales. Furthermore, there are few large parcels in close proximity to the city of Kalispell that would accommodate a project of this size that have access to a good road system, availability of public utilities and are in an appropriate location. This project will snake a positive contribution to the neighborhood in which it is proposed to be established. 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 phasing on the development will depend on market conditions. Phase 1 lies north of the primary access road and could be developed as a stand alone phase if warranted. Phase 2 would be developed south of the primary access road. The developer will be responsible for the interim maintenance of the undeveloped areas of the site. The application and covenants provide a detailed outline of how the planned unit development will be executed. Additionally, a development agreement between the City of Kalispell and developer will be executed once the planned unit development has been reviewed and approved by the city council that will include terms, conditions and responsibilities of each of the parties. 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. 9 Summary: The zoning regulations require that once a final plan is approved by the city council, the applicant shall submit a revised plan in accordance with the approval of the council which incorporates any conditions which have been imposed by the council. After all of the terms and conditions of the agreement have been determined along with a final site plan, a development agreement will be drafted between. the City of Kalispell and the Developer outlining and formalizing the terms. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-05-10 / KPUD-05-5 as findings of fact and recor amend to the Kalispell City Council that the initial zoning for the property be B-2 / PUD subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plain., materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, 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 a 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 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 (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. The proposed development area within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. S. That the internal access road at the southwest portion of the site providing access to the property to the south be constructed as a frontage road and that the parking along the frontage road be eliminated. The road design shall be coordinated through the Kalispell Public Works Department. (Site Development Review Committed 6. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). 10 a. Water mains designed to provide minimum fire flogs shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a creed free, dust - free area until such time as that phase is fully developed prior to construction... S. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from. the Montana Department of Transportation and the City of Kalispell. 9. The landscape plan shall be reviewed and approved by the Kalispell Parks and Recreation Department that includes street trees shall be placed at 40 foot intervals which are a minimum of a two and a quarter inch caliper at planting along both sides of the internal roadways except where: they immediately abut a parking lot island or planter or abut building fronts. 10. That the landscaping along Highway 93 include street trees placed at 50 foot intervals which are a minimum of a two and a quarter inch caliper at planting and a minimurrn three foot tall hedge or shrubs between the parking lots and the roadways. 11. That pedestrian walkways be provided as indicated on the site plan that provide a continuous and connected system with the existing walkways along Highway 93 - including a sidewalk on both sides of the main entrance road separated by a minimum. five foot landscape buffer. 12. That the landscape areas within the site be constructed as proposed that includes landscaping, walkways and gazebos. 13. That the use of retaining walls in excess of four feet tall be avoided, but rather the implementation of landscaped terracing be used to make the transition in areas with the steepest grades. 14. The list of materials and exterior budding treatments that was part of the application for the final development of the buildings be included in the development agreement with the City. 15. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and level of lighting not exceeding what is appropriate for its purpose. The light poles shall be limited to a maximum of 30 feet with a full cut -of lens that does not shed light above a 70 degree horizontal plane. 11 16. That the uses allowed within the development shall not include those which require areas for the display of large merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales and lumberyards. This would not preclude incidental events associated with the other businesses on the site. 17. That the theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet in height from the highest point of the gable or parapet wall. 18. That the refuse areas be adequately screened from public view. 19. That the covenants be recorded and made a part of the development agreement with the city to insure maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development for parking, access and utilities. 20. That the phasing and timing of the development shall occur as proposed. Bonding for the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed as proposed shall be provided by the developer. 21. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. x\... \KPUD\os\KA-os-zo / 1 Dos-s NW 12 5B j!! COUNTY R_' 5BA R-1 7A 4E VICINITY MAP SCALE 1" = 600' 'HILIP & DONNA HARRIS - HUTTON RANCH PLAZA REQUEST FOR ANNEXATION & INITIAL ZONING OF B-2 `GENERAL BUSINESS) PUD FROM COUNTY SAG10 SUBURBAN ARGRICULTURAL) TILED CONCURRENTLY WITH A PLANNED UNIT DEVELOP---- vlENT AND A PRELIMINARY PLAT PWT DATE 5/9/05 .ITT T".l 11 TT A ORDINANCE NO. 1542 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 3 AND A PORTION OF ASSESSOR'S TRACT 4G LOCATED IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10, SUBURBAN AGRICULTURAL) TO CITY B-2 (GENERAL BUSINESS), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Hutton Ranch Plaza Associates, LLC, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-2, General Business with a Planned Unit Development overlay on approximately 46 acres of land, and WHEREAS, the property is located on the east side of US Highway 93 between Flathead Valley Community College and Mountain View Plaza, and WHEREAS, the petition of Hutton Ranch Plaza Associates was the subject of a report compiled by the Tri-City Planning Office, Staff Report KA-05-10 / KPUD-05-5, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business, with a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on June 14, 2005, and recommended that the initial zoning be City B-2, General Business with a Planned Unit Development overlay, upon annexation to the City of Kalispell, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business with a Planned Unit Development overlay, 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 76-3-608, M.C.A., and State, Etc. v. Board of Count Commissioners Etc, 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-05-10 / KPUD-05-5. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as B-2, General Business with a Planned Unit Development overlay on approximately 46 acres. SECTION H. The Planned Unit Development proposed by Hutton Ranch Plaza Associates 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 planned unit development as approved by the city council. (Kalispell Subdivision Regulations, 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 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 (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. The proposed development area within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. That the internal access road at the southwest portion of the site providing access to the property to the south be constructed as a frontage road and that the parking along the frontage road be eliminated. The road design shall be coordinated through the Kalispell Public Works Department. (Site Development Review Committed b. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire Mows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter S. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a weed free, dust -free area until such time as that phase is fully developed prior to construction. 8. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from the Montana Department of Transportation and the City of Kalispell. 9. That pedestrian walkways be provided as indicated on the site elan that provide a continuous and connected system with the existing walkways along Highway 93 including a sidewalk on both sides of the main entrance road separated by a minimum five foot landscape buffer. 10, That landsc!qping be completed in substantial com fiance with the plan that was submitted and would be subject to review and a royal by the Parks and Recreation Department. This would include landscaping along _ the highway, internal public street, internal access road, parking lots and common areas. 11. That the use of retaining walls in excess of four feet tall be avoided, but rather the implementation of landscaped terracing be used to make the transition in areas with the steepest grades. 12. The list of materials and exterior building treatments that was part of the application for the final development of the buildings be included in the development agreement with the City. 13. That alighting plan be submitted which utilizes attractive lighting fixtures and a type and level of lighting not exceeding what is appropriate for its purpose. The light poles shall be limited to a maximum of 30 feet with a full cut-off lens that does not shed light above a-7-8 20 degrees below the horizontal plane. No more than .5 candles of light are permitted at the edge of the site. 14. That the uses allowed within the development shall not include those which require areas for the display of large merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales and lumberyards. This would not preclude incidental events associated with the other businesses on the site. 15. That the theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet in height from the highest point of the gable or parapet wall. 16. That the refuse areas be adequately screened from public view. 17. That a good faith effort be made b the develo er to provide access to the pEo e to the north to provide connectivity between the sites. 18. That the covenants be recorded and made a part of the development agreement with the city to insure maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development for parking, access and utilities. 19. That the phasing and timing of the development shall occur as proposed. Bonding for the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed as proposed shall be provided by the developer. 20. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. SECTION III. The balance of Section 27,02.010, 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 KALISPELL, MONTANA, THIS 18TH DAY OF NLY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk