Ordinance 1815 - PUD - Montana Base CampC1
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Debbie Pierson, Flathead County MT by DD
ORDINANCE NO. 1815
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
COMMERCIAL PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO BE KNOWN
AS MONTANA BASE CAMP PUD, OVER CERTAIN REAL PROPERTY MORE
PARTICULARLY DESCRIBED AS TRACT 1 AND TRACT 2 OF CERTIFICATE OF
SURVEY 20796 IN THE SOUTHERN HALF OF THE SOUTHEAST QUARTER OF
SECTION 29 AND NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 32,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN
IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Basecamp Outpost, LLC, the owners 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, Commercial Business, with a Planned Unit
Development overlay to be known as Montana Base Camp PUD, on approximately
50.33 acres of land; and
WHEREAS, the property is currently zoned RA-1, Residential Apartment, and is located south
of the 4-lane Alternate 93 roundabout, west of U.S. Highway 93, north of Ashley
Meadows and east of Ashley Creek and the Rails to Trails pathway; and
WHEREAS, the petition of Basecamp Outpost, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-18-03, in which the Kalispell
Planning Department evaluated the petition and recommended that a Planned Unit
Development overlay be attached to the above described tract of land pursuant to
Kalispell City Code 72.21.030(2)(b); and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 10,
2018, and recommended that a Planned Unit Development overlay be attached to
approximately 50.33 acres of land, pursuant to Kalispell City Code
72.21.030(2)(b); and
WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned
Unit Development overlay to the property, the City Council finds such zoning to
be consistent with the Kalispell Growth Policy — Plan It 2035 and adopts, based
upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board
of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set
forth in Staff Report No. #KPUD-18-03.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by attaching the
property described above with a Planned Unit Development overlay.
SECTION 2. The Planned Unit Development overlay proposed by Basecamp Outpost,
LLC upon the real property described above is hereby approved subject to
the following conditions:
The Planned Unit Development for Montana Base Camp allows the following
deviations from the Kalispell Zoning Ordinance:
1. Kalispell Zoning Ordinance, Chapter 27.13 — Allows for an R.V. Park and accessory
uses only on the property in accordance with the development plan submitted. All other
permitted and conditionally permitted uses within the B-2 zone are not allowed at this
time.
2. That the development of the site will be in substantial conformance with the
documents entitled Montana Base Camp and associated submittal drawings which
shall govern location of the lots, easements, roadways, phasing plan, landscaping,
parkland/open space, stormwater, and pedestrian access facilities.
3. The preliminary plat approval for the development shall be valid for a period of three
years from the date of approval.
4. In lieu of filing a final plat, the subdivider shall submit to the Kalispell Planning
Department four official copies and one digital copy of a plat labeled "Revised
Preliminary Plat" conforming to the requirements for preliminary plats contained on
the Appendix A of the Kalispell Subdivision Regulations.
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 that shall be completed and signed by the city and owner
prior to the issuance of a building permit.
6. Architectural renderings for all commercial buildings are required to be submitted
to the Kalispell Architectural Review Committee for review and approval prior to
issuance of a building permit.
7. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, the development shall receive Site Review Committee approval prior to
issuance of building permits.
8. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction. All design work shall be reviewed and approved in writing by the
Kalispell Public Works Department prior to construction. This infrastructure shall
include but not be limited to streets, street lighting, street signage, curb, gutter,
boulevard and sidewalks.
9. Water and sewer main extensions shall be designed and constructed in accordance
with the City of Kalispell's Standards for Design and Construction and in
compliance with the city facility plan updates and extensions of services plans. The
water and sewer main extension plans shall be reviewed and approved by the
Kalispell Public Works Department.
10. The developer shall work with the Montana Department of Environmental Quality
in seeking a deviation from the individual water service line requirement in an effort
to reduce the number of water meters within the development.
11. Sewer mains located outside of public Right-of-ways shall be privately owned,
operated and maintained.
12. Pursuant to septic sewer requirements, the Applicant shall coordinate with the .City
of Kalispell Pretreatment Coordinator for development of items related to the
Pretreatment Program. Applicant shall enter into a Memorandum of Understanding
(MOU) for each phase of Construction to establish sampling protocols for the Wet
Industry Impact Fee, sewer billing surcharge, and other related pretreatment
requirements applicable at the time of construction. Applicant shall install a sample
port meeting the requirements of the City Design and Construction Standards and
Pretreatment Program on the sewer collection system downstream of the most
downstream future phase or current phase connection point. Applicant shall install
applicable pretreatment appurtenances as required, such as pretreatment
interceptors. Applicant shall bear all costs of sampling completed in accordance with
the sampling protocols developed in the MOUs.
13. The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. The
stormwater design shall be in compliance with the submitted drawings which
indicate the intent of the stormwater areas being shallow, landscaped areas that can
also be used for recreation. The plan shall be updated and approved for each phase
of construction
14. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy
of all documents submitted to Montana Department of Environmental Quality for
the General Permit for Stormwater Discharge Associated with Construction
Activities.
15. A letter from the Kalispell Public Works Department shall be submitted stating that
all new infrastructure has been accepted by the City of Kalispell or a proper bond
has been accepted for unfinished work prior to submittal of the Revised Preliminary
Plat.
16. If the developer chooses to use the City of Kalispell solid waste pickup program they
shall coordinate the number, size and location of all pickup bins prior to installation.
The area to be used for solid waste pickup shall have appropriate access, size and
maneuvering area for city solid waste trucks.
17. The traffic impact study for the project site shall be reviewed and approved by the
Public Works Department and where appropriate, the Montana Department of
Transportation in order to determine the appropriate mitigation as the project
develops.
18. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto the bypass and Ashley Meadows. If any
improvements are necessary at the intersection of the roadways, these improvements
shall be completed to the satisfaction of the MDT prior to the Revised Preliminary
Plat. MDT shall so certify this in writing to the city.
19. Prior to Revised Preliminary Plat all mitigation required as part of the approved
traffic impact study shall be completed for each phase. All improvements shall be
reviewed and approved by either the Public Works Department or Montana
Department of Transportation. A letter from the Kalispell Public Works Department
or Montana Department of Transportation shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter stating that a proper bond has
been accepted for the unfinished work by the appropriate agency is required.
20. A letter from the Kalispell Fire Department approving the access, placement of the
fire hydrants and fire flows within the subdivision shall be submitted prior to
Revised Preliminary Plat for each phase.
21. A letter shall be obtained from the Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the
landscape boulevards of the streets serving the subdivision.
22. A 6' tall landscaped berm with a 3:1 slope shall be constructed along the entire
northerly property boundary. The berm shall be landscaped with grass, trees bushes
and shrubs to form a pleasing sight obscuring visual barrier. The plan shall be approved
by the Parks and Recreation Director. The berm may be phased so as to buffer adjacent
development.
23. All parking areas shall be constructed in accordance with Chapter 27.24 of the
Kalispell Zoning Ordinance except as provided for in condition 1 above.
24. Signage shall be installed in accordance with Chapter 27.22 of the Kalispell Zoning
Ordinance.
25. Common facilities on the property (pool, recreation building camp store, food, etc.)
shall be intended for guests of the R.V. Park and not open to the general public.
26. All easements and/or right-of-ways shall be indicated on the face of the Revised
Preliminary Plat. Utility easements for City water and sewer shall be provided to allow
for the logical extension of utilities from this subdivision to adjoining properties. A
letter from the Kalispell Public Works Department shall be obtained stating that the
required easements are being shown on the final plat.
27. The following statement shall appear on the final plat: "The undersigned hereby grants
unto each and every person, firm or corporation, whether public or private, providing
or offering to provide telephone, telegraph, electric power, gas, cable television, water
or sewer service to the public, the right to the joint use of an easement for the
construction, maintenance, repair, and removal of their lines and other facilities, in,
over, under, and across each area designated on this plat as "Utility Easement" to have
and to hold forever."
Developer's Name
28. That a minimum of two-thirds of the necessary public infrastructure for this
subdivision shall be completed prior to Revised Preliminary Plat submittal for each
phase and that both the water and sewer systems serving this phase be operational.
29. All utilities shall be placed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for
Design and Construction.
30. The following public right-of-way improvements shall be completed at each phase
of the development:
a) Phase 1— The new unnamed city street shall be improved to city standards from
the roundabout to the northern entrance into the development and from Ashley
Meadows to the southern access into the development.
b) Phase 2 — The unnamed city street shall be constructed to city standards at the
point 165 R.V. spaces are constructed connecting the northern and southern
entry points into the development.
31. A management plan shall be completed and submitted to the city with provisions on
how the developer intends to manage the open space areas, landscaping, security,
stormwater, long-term stay, R.V. dump station and wayfinding signs.
32. Guests shall be limited to no more than 90 consecutive days within the park. Moving
an R.V. from one location to another within the park shall not constitute a new time
period.
33. Fires are permitted only in facilities provided for this purpose.
34. Skirting of R.V.s is prohibited.
35. Mobile homes are prohibited.
36. Fireworks are prohibited.
37. On -street parking shall be prohibited within the development on the private road
system.
38. Trail connections to the Rails to Trails pathway shall not be made until a letter has
been submitted to the City of Kalispell Planning Department from both the Montana
Department of Transportation and the Rails to Trails board accepting the proposed
design.
39. The developer shall coordinate with the Montana Department of Transportation and
Rails to Trails board a redesign of the path where it crosses the new unnamed city
street and Ashley Meadows so that there is only one street crossing, rather than two.
40. The developer shall coordinate with the Montana Department of Transportation and
move the southern end of the new unnamed city street to the east so that it could provide
a logical intersection with Ashley Meadows and future development develop to the
south.
41. The developer shall coordinate with the Montana Department of Transportation and
remove the barbwire fence at the top of the existing wood fencing along the pathway
boundary.
SECTION 3. 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 4. 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 17TH DAY OF SEPTEMBER, 2018.
Chad Grahat%�
Council President
ATTEST:
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