I3. Ord 1828 - Town Pump #5 PUD AmendmentPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
MONT"A
Doug Russell, City Manager
Jarod Nygren, Senior Planner
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Ordinance 1828, KZC-19-02 — Town Pump 95 zone change request
September 3, 2019
BACKGROUND: Town Pump has submitted a zoning map amendment application to expand the
Town Pump 95 PUD over approximately 1.3-acres of land. Currently, the 1.3-acres is zoned city B-2
and includes an existing convenience store, casino and fuel islands. The requested zone change would
rezone the property from B-2 to B-2/PUD, so that the entire property is encompassed by the Town
Pump 95 PUD zoning overlay. The zone change is being requested so that Town Pump can construct
a new convenience store and casino on the subject property, which would allow for the demolition of
the existing facility. In concert with the construction of the new casino and convenience store, the
applicant would also be improving the property frontage along U.S. Highway 93 South, thereby
supporting the city's entrance corridor standards. Entrance corridor improvements would include
construction of a new building with superior architecture design with increased tax base, increased
landscaping along U.S. 93 South, new larger pedestrian sidewalk, access control into the property,
elimination of billboards on the property, and increased signage regulations in regards to casinos.
Although a casino is not currently permitted within the B-2 Zone, the existing facility can continue to
operate on the property in perpetuity in its current state as a nonconforming use. The request for a
new facility allows the city to consider increased standards in an effort to implements the goals and
policies of the City Growth Policy Plan -It 2035. The zone change request was reviewed in
accordance with Chapter 27.19 and 27.29 of the Kalispell Zoning Ordinance.
The B-2/PUD zone change is being requested for 2910 U.S. 93 South. The property can be legally
described as Tracts IA and 5A of Ashley Business Park, LOT 5, Revisited in the SE4 NE4 of Section
29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
The Kalispell City Planning Board held a duly noticed public hearing on August 13, 2019, to
consider the application request. During the public comment portion of the hearing, the applicant
spoke in favor of the request and all of the proposed conditions. There being no further public
comment, the hearing was closed and a motion was presented to adopt staff report KZC-19-02 as
findings of fact and recommend to the Kalispell City Council that the property be rezoned B-2/PUD.
Board discussion concluded that the request was appropriate, and the motion passed unanimously on
roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Ordinance
1828, an ordinance to amend section 27.02.010, official zoning map, City of Kalispell Zoning
Ordinance 1677, by zoning certain real property described as Tracts IA and 5A of Ashley Business
Park, LOT 5, Revisited in the SE4 NE4 of Section 29, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana to city B-2/PUD (Town Pump 95) in accordance with the Kalispell
Growth Policy Plan — It 2035, and to provide an effective date.
FISCAL EFFECTS: Positive fiscal impacts once the new facility is constructed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: August 13, 2019, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1828
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY AMENDING
ORDINANCE NO. 1793, KNOWN AS KALISPELL TOWN PUMP #5 PUD, BY ADDING
CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS 1A
AND 5A OF ASHLEY BUSINESS PARK, LOT 5, REVISITED, IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER IN SECTION 29, TOWNSHIP 28 NORTH,
RANGE 21 WEST, FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Town Pump, Inc., the owners of the properties described above, petitioned the City
of Kalispell that the zoning classification attached to the above described 1.3 acre
tract of land be zoned B-2, General Business, and amended to the existing Planned
Unit Development overlay in the Kalispell Town Pump 95 PUD; and
WHEREAS, the property is zoned B-2, General Business, and is located at 2910 Highway 93
South; and
WHEREAS, the petition of Town Pump, Inc. was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KZC-19-02, in which the Kalispell
Planning Department evaluated the petition and recommended that the existing
Planned Unit Development overlay be amended to include 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 August
13, 2019, and recommended that the Planned Unit Development overlay be
amended to include approximately 1.3 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 include the property
in the existing Planned Unit Development overlay, 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. #KZC-19-02.
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 including the
property described above in the existing Town Pump 95 Planned Unit
Development overlay.
SECTION 2. The Planned Unit Development overlay amendment proposed by Town
Pump, Inc. upon the real property described above is hereby approved
subject to the following conditions:
1. The Planned Unit Development for Town Pump 95 allows the following deviations
from the Kalispell Zoning Ordinance:
a. Kalispell Zoning Ordinance, Section 27.13.020 Permitted Uses — Allows one
(1) casino as a permitted use.
2. The development of the Kalispell Town Pump 95 PUD shall substantially comply with
the following site plan and elevations submitted as part of the Planned Unit
Development application:
a. Site Layout Plan
a. Building footprint site plan
b. Pictures of proposed building materials and design concepts
3. 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 the building permit.
4. Architectural rendering are required to be submitted to the Kalispell Architectural
Review Committee for review and approval prior to issuance of a building permit.
Building design shall be provided as listed below:
a. Four sided architecture is required for all structures and buildings. Large,
rectangular masses should be avoided by incorporating offsets in the wall and roof.
A change in the plane of the walls, changing the direction or providing some variety
in the roof form gives diversity and visual interest.
b. Entries should be a prominent component of the building face by providing an
architectural covered or recessed entry with modified roof accent and increased
usage of windows and trim.
c. Franchise architecture may be subject to modification to achieve the building style
obj ectives.
5. 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. A landscape plan shall be submitted to the Parks and Recreation Department for the
area adjacent the public lift station located at the southwest corner of U.S. 93 South and
Cemetery Road, which shall be screened through the use of vines and tall shrubs in
landscape beds.
7. To ensure the property is fully landscaped and is compatible with the surrounding
developments, a landscape plan shall be submitted along with the building permit. Dead
or removed trees from original landscaping shall be replaced.
8. The developer shall improve the properties U.S. 93 South frontage in accordance with
Chapter 27.20.29 of the Kalispell Zoning Ordinance.
9. The following on -premises signs are prohibited;
a. Any terms such as gaming, gambling, cards, dice, chance, etc.
b. Any reference to any associated activity or any symbols or words commonly
associated with gambling.
c. Any words, terms, figures, art work, or features intended or designed to attract
attention to the fact that a casino is on site.
d. Neon lighting.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater management plan that meets the requirements of the current city
standards for design and construction. The approved stormwater management plan for
on -site facilities shall be completed prior to the issuance of a building permit.
11. The properties U.S. 93 South entrance into the property shall be relocated southerly to
a point where it lines up with the auto dealerships to the east.
12. A shared access easement shall be granted to Lot 5A of Ashley Park, Lot 5, Revisited
situated in the SE4 NE4 of Section 29, Township 28 North, Range 21 West, P.M.M.,
Flathead County, MT off of U.S. 93 South.
13. The billboards on the property shall be removed from the site prior to certificate of
occupancy of building.
14. The developer shall obtain an approach permit from the Montana Department of
Transportation for the approach onto U.S. 93 South.
15. Prior to development of Lot 5A, the developer shall submit an amendment to the Town
Pump 95 PUD showing the location, size, elevations, landscaping and parking
associated with the proposed use.
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 DAY OF SEPTEMBER, 2019.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
KALISPELL CITY PLANNING BOARD & ZONING COMNIISSION
NIINUTES OF REGULAR MEETING
August 13, 2019
CALL TO ORDER AND ROLL CALL
The regular meeting of the Kalispell City Planning Board and Zoning
Commission was called to order at 6:00 p.m. Board members present were
Doug Kauffman (acting president), Kurt Vomfell, Joshua. Borgardt, Rory
Young, George Giavasis & Ronalee Skees. Chad Graham was absent. Jarod
Nygren, Tom Jentz and PJ Sorensen represented the Kalispell Planning
Department.
APPROVAL OF MINUTES
Vomfell moved and Skees seconded a motion to approve the minutes of the July
9, 2019 meeting of the Kalispell City Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT
None.
KZC-19-02 — TOWN PUMP
File # KZC-19-02 - Town Pump has submitted a zoning map amendment
application for their property located at 2910 U.S. 93 South. The request would
expand the existing Town Pump #5 PUD over 1.3-acres of land. Currently, the
1.3-acres is zoned city B-2 and includes an existing convenience store, casino
and fuel islands. The requested zone change would rezone the property from B-
2 to B-2/PUD, so that the entire property is encompassed by the Town Pump #5
PUD zoning overlay. The zone change is being requested so that Town Pump
can construct a new convenience store and casino on the subject property,
which would allow for the demolition of the existing facility
STAFF REPORT
Jarod Nygren representing the Kalispell Planning Department reviewed Staff
Report #KZC-19-02.
Staff presented the application including the existing land use of the property,
surrounding land uses, growth policy, existing zoning of the property and
zoning of surrounding properties. Staff also went over the proposed site plan
and the improvements that could be expected by the proposed development,
which would include the implementation of the city entrance corridor standards.
Entrance corridor improvements would include construction of a new building
with superior architecture design, increased landscaping along U.S. 93 South,
new larger pedestrian sidewalk, access control into the property, elimination of
billboards on the property, and increased signage regulations in regards to
casinos. Lastly, staff clarified that although a casino is not currently permitted
within the B-2 Zone, the existing facility can continue to operate on the property
in perpetuity in its current state as a nonconforming use. Staff recommended
that the Kalispell City Planning Board and Zoning Commission adopt staff
report #KZC-19-02 as findings of fact and recommend to the Kalispell City
Council that the Town Pump #5 PUD amendment be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
Vomfell asked about verbiage of condition 9. Young asked staff for clarification
on the difference between a zone change vs. a conditional use permit. Nygren
clarified.
PUBLIC HEARING
Joe Murphy — 1324 131 Ave SW, Great Falls — representative for applicant,
offered to answer any questions the board may have and let the board know that
Town Pump had reviewed all of the proposed conditions and they were okay
with all of them as written.
MOTION
Skees moved and Vomfell seconded a motion that the Kalispell City Planning
Kalispell City Planning Board
Minutes of the meeting of August 13, 2019
Pagel
Board and Zoning Commission adopt staff report #KZC-19-02 as findings of
fact and recommend to the Kalispell City Council that the Town Pump #5 PUD
amendment be approved subject to the conditions listed in the staff report.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
None
NEW BUSINESS
Nygren updated the board on the September 10 agenda.
ADJOURNMENT
The meeting adjourned at approximately 6:32pm.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be on Tuesday,
September 10, 2019 at 6:00 p.m. and is located in the Kalispell City Council
Chambers, 201 1st Ave East.
Chad Graham
President
APPROVED as submitted/amended:
Kari Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of August 13, 2019
Page12
REQUEST FOR AMENDMENT TO TOWN PUMP #5 PUD
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KZC-19-02
August 5, 2019
The following is a report to the Kalispell City Planning Board and the Kalispell
City Council regarding a request to amend the Kalispell Town Pump #5 Planned
Unit Development (PUD). A public hearing has been scheduled before the
Kalispell City Planning Board for August 13, 2019 beginning at 6:00 PM, to
consider the zone change request. The Planning Board will forward a
recommendation to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
A. Petitioner / Owner: Town Pump, Inc.
600 S. Main Street
Butte, MT 59701
B. Summary of Request: Town Pump has submitted a zoning map
amendment application to expand the Town Pump #5 PUD over
approximately 1.3-acres of land. Currently, the 1.3-acres is zoned city B-2
and includes an existing convenience store, casino and fuel islands. The
requested zone change would rezone the property from B-2 to B-2 / PUD, so
that the entire property is encompassed by the Town Pump #5 PUD zoning
overlay. The Town Pump # 5 PUD zoning overlay was created by Ordinance
1793 in August of 2017. The requested zoning amendment would also serve
as an amendment to Ordinance 1793, which did not originally include the
subject property, or any additional requirements imposed throughout the
review process of this request.
The Town Pump #5 PUD zoning overlay included an expansion of the existing
facility through the construction of a new fuel canopy, new fuel islands,
increased pedestrian access in the area through a new sidewalk along
Cemetery Road, extension of public water and sewer to serve future
developments to the west, and new approach into the facility. At that time,
no improvements were proposed to the existing building, so the B-2 zoning
was maintained on that portion of the property. Currently, the existing
casino is operating as a nonconforming use within the B-2 Zone, as casinos
are only permitted within the B-5 Zone as a conditionally permitted use.
The zone change is being requested so that Town Pump can construct a new
convenience store and casino on the subject property, which would allow for
the demolition of the existing facility. In concert with the construction of the
new casino and convenience store, the applicant would also be improving
the property frontage along U.S. Highway 93 South, thereby supporting the
city's entrance corridor standards. The corridor standards are important at
this particular location due to the properties location at the southwest
1
corner of the "four corners" intersection. The intersection is a major entrance
into the City of Kalispell and for many people serves as the first impression
of the city. Currently, landscape improvements have been made at two of
the three of the corners where the auto dealers are located. Improvements
on this property would vastly improve the aesthetics at the major
intersection and be more in line with the new development in the area. The
development is limited to the improvements noted above; however, the
expansion needs to take into consideration how the expansion fits in with
the overall development plan of the Siderius Commons PUD further to the
west and originally encompassed the subject property.
Planned Unit Developments are intended to serve as an overlay zoning
district that function in concert with the underlying zone to provide a
comprehensive, integrated development plan, which will serve to modify the
underlying zone and guide future development. The PUD provides for
flexibility in the subdivision standards and architectural designs standards,
where appropriate, to preserve and enhance the integrity and environmental
values of the area. In this case, the applicant is requesting a deviation in
the zoning ordinance to permit a casino within the B-2 Zone, while
simultaneously implementing city entrance corridor standards in order to
improve the aesthetics of the property. Entrance corridor improvements
would include construction of a new building with superior architecture
design with increased tax base, increased landscaping along U.S. 93 South,
new larger pedestrian sidewalk, access control into the property, elimination
of billboards on the property, and increased signage regulations in regards
to casinos. Although a casino is not currently permitted within the B-2 Zone,
the existing facility can continue to operate on the property in perpetuity in
its current state. The request for a new facility allows the city to consider
increased standards in an effort to implements the goals and policies of the
City Growth Policy Plan -It 2035.
C. Location and Legal Description of Property: The property is located at
2910 U.S. 93 South and can be legally described as Tracts lA and 5A of
Ashley Business Park, LOT 5, Revisited in the SE4 NE4 of Section 29,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
D. Existing Land Use: The area to be rezoned is developed with an existing
convenience store and casino with associated fuel islands, parking and
signage, including a billboard. A majority of the property is undeveloped
grasslands that is available for development in the future.
E. Existing Zoning: The subject property is located within the B-2 (General
Business) and B-2/PUD (Town Pump #5) zoning overlay. The B-2 Zoning
District intended to provide areas for those retail sales and service functions
and businesses whose operations are typically characterized by outdoor
display, storage and/or sale of merchandise and by repair of motor vehicles.
The district depends on the proximity to major streets and arterials and
should be located in business corridors or in islands.
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The Town Pump #5 PUD zoning overlay was created by Ordinance 1793 in
August of 2017. The PUD functions in concert with the underlying zoning
providing an integrated development plan for the entire property. In this
case, the PUD allowed for the expansion of the existing Town Pump facility
through the construction of a new fuel canopy, new fuel islands, increased
pedestrian access in the area through a new sidewalk along Cemetery Road,
extension of public water and sewer to serve future developments to the
west, and new approach into the facility.
F. Proposed Zoning: The requested zone change would rezone the property
from B-2 (General Business) to B-2/PUD, so that the entire property is
encompassed by the Town Pump #5 PUD zoning overlay. The zone change
is being requested so that Town Pump can construct a new convenience
store and casino on the subject property, which would allow for the
demolition of the existing facility. In concert with the construction of the new
casino and convenience store, the applicant would also be improving the
property frontage along U.S. Highway 93 South, thereby supporting the
city's entrance corridor standards.
G. Size: The entire property encompasses 8.2-acres and the portion being
rezoned from B-2 to B-2/PUD is 1.3-acres.
H. Adjacent Zoning:
North: B-2
East: County I-1H and City B-5/Gardner PUD
West: B-2 / Siderius Commons PUD
South: County I-1 H
I. Adjacent Land Uses
North: Single-family residential, vacant land and Cemetery Road
East: U.S. 93 South and auto dealerships
West: Vacant land
South: Auto body shop
J. General Land Use Character: The general land use character of this area
can be described as commercial in transition. The intersection of Cemetery
Road and U.S. 93 South is developing into a major commercial intersection.
Town pump is located at the southwest corner, Kalispell Toyota at the
northeast corner, and two new auto dealerships recently completed at the
southeast corner. The northwest corner of the intersection is undeveloped
but located within the commercial zoning district.
K. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private Collector
3
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwestern energy
Telephone:
CenturyLink
Schools:
School District #5, Somers Elementary
Fire:
City of Kalispell
Police:
City of Kalispell
L. Public Comment: No public comment has been received at time of this
report.
I. EVALUATION BASED ON STATUTORY CRITERIA
This report evaluates the amendment request in accordance with state and local
regulations. The statutory basis for reviewing a change in zoning is set forth by
Section 27.29.020 of the Kalispell Zoning Ordinance and 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.
1. Is the zoning regulation made in accordance with the growth policy?
The subject property is within the Commercial land use category, which
provides the basis for the B-2 and B-2/PUD, General Commercial Zoning.
The growth policy would anticipate a variety of uses under that designation,
including, but not limited to, apartments, offices, retail, and other
commercial uses. The requested convenience store and casino is an
appropriate land use for the property. Additionally, the Kalispell Growth
Policy Plan -It 2035 has several goals that support the PUD request:
Growth Policy 2035, Chapter 4 - Business and Industry, states the
following:
GOAL # 1 - Encourage the development and growth of prosperous
commercial and industrial districts, each with a viable mix of business,
suitable infrastructure, and a coordinated development pattern that reduces
business costs and increases small business opportunities.
GOAL #3 - Provide adequate areas within the community for commercial
and industrial development that meets the needs of present and future
business in terms of cost, type, design and location.
POLICIES (General Commercial, b.) - The expansion of additional
commercial districts along major arterials in anticipated to occur at such
times as the development or redevelopment of existing commercial districts
have significantly developed to avoid creation of a new commercial district
and leapfrog development.
.19
POLICIES (Highway Community Entrance):
a. Emphasize the objective of pleasing corridors that encourage highway
landscaping.
b. Encourage the use of innovative land use regulations to achieve a
pleasing community entrance.
c. Encourage highway commercial development to adhere to the following
design guidelines:
i. Encourage access by a secondary street or use of shared driveways
and interconnected parking lots where secondary street access is not
feasible.
ii. Increase building and parking lot setbacks.
iii. Incorporate pedestrian and bicycle facilities into landscaped
frontages.
iv. Landscape highway frontage and parking lots to enhance
development sites and reduce visual impacts of development.
V. Keep signs simple to reduce clutter and allow rapid comprehension
by highway motorists without undue distraction. Encourage variety
and creativity in sign design.
vi. Outdoor storage, machinery, utilities, trash dumpsters, service bays,
antennas, rooftop equipment, and similar accessory facilities should
be hidden or screened from public view to protect aesthetic qualities.
vii. Outdoor lighting should be low intensity, directed downward and
shielded to prevent glare.
Highway 93 South Corridor Area Plan:
Goal #2 - Expansion of commercial development south of Cemetery
Road/Lower Valley Road needs to be addressed under a Planned Unit
Development in order to adequately address vehicular and pedestrian
access, signage, setbacks, and other issues relating to protecting and
preserving the community entrance to Kalispell.
Goal #4 - Development along the Highway 93 South Corridor should occur
in areas where public services, utilities and facilities area available or can
be provided.
Goal #5 - New development whether commercial, industrial or residential
should be of high quality in design and architectural quality.
5
Goal # 15 - Provide for the ongoing acquisition, construction and
maintenance of parks, bike and pedestrian trails and other recreational
facilities.
POLICIES
1. Additional accesses onto Highway 93 shall be limited and a grid
street system shall be developed when possible.
2. High quality design standards shall be applied to new development
along the corridor related to architecture, parking lot layout, lighting,
landscaping, setbacks and signage.
3. The following design standards are intended to enhance the gateway
entrances to Kalispell:
i. Access control should be the norm along the 93 corridors.
ii. Access should be coordinated so as to allow only collector or
arterial streets to intersect Highway 93. The judicious use of
right -in right -out approaches, frontage roads and good internal
development street design should be the rule to reduce or
eliminate the need for direct access onto major gateway roads.
iii. Areas planned for commercial development along Highway 93
should occur as an integrated development utilizing and
enhancing the property back from the highway as opposed to
occurring as a shallow linear strip. Significant individual
business highway exposure, individual access points, and pole
signage would not be the norm.
iv. Monument signs are preferred over pole signs.
In this case, the applicant is requesting a deviation in the zoning ordinance
to permit a casino within the B-2 Zone, while simultaneously
implementing city entrance corridor standards in order to improve the
aesthetics of the property. Increased standards would include a new
casino/convenience store building with superior design, increased
landscaping along U.S. 93 South, new larger pedestrian sidewalk, access
control into the property, dark sky compliant lighting, elimination of
billboards on the property, and increased signage regulations.
2. Does the zoning regulation consider the effect on motorized and non -
motorized transportation systems?
The requested zone will potentially have an effect on motorized and non -
motorized transportation systems, as the proposed zone change to B-2/PUD
m
would allow for the expansion of the existing casino and convenience store.
It is anticipated that the new facility will create additional traffic in the
immediate area. Accordingly, any development of the property that creates
300 or more vehicle trip per day would require a traffic impact study prior
to construction. The traffic study evaluates the impacts the development has
on the traffic system and indicates mitigation necessary to maintain
acceptable levels of service.
Traffic circulation will be designed to encourage easier access to the new
approaches on Cemetery Road. Additionally, staff is recommending as a
condition that the existing approach along U.S. 93 South be moved
southerly to line up with the approach that accesses the two auto
dealerships across the highway to the east. Having the approaches lined
up will create more predictable traffic movements thereby reducing
potential traffic conflicts. Staff also recommends that the approach serve
as a shared access to Tract 5A to the south, which is also owned by Town
Pump. A shared access requirement will limit the amount of driveway
approaches onto the highway, also limiting potential vehicle conflicts and
promoting the free flow of U.S. 93. Lastly, as part of the city's entrance
corridor standards the sidewalk along the highway will be increased from
5 feet to 8 feet in width.
3. That historical uses and established use patterns and recent change in use
trends will be weighed equally and consideration not be given to one to the
exclusion of the other.
The requested zone is in compliance with the growth policy and the city
anticipated the property would develop in the requested manner.
Additionally, the proposed PUD in conjunction with the B-2 zoning district
is consistent with the surrounding commercial character of the area and its
location adjacent to the U.S. 93 right-of-way.
4. Is the zoning regulation designed to secure safety from fire 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 and safety codes of the city. All municipal services
including police and fire protection, water and sewer service is available to
the property. The site is within the immediate service area of the Kalispell
Fire Station 62.
S. Is the zoning regulation designed to promote public health, public safety,
and the general welfare?
The requested PUD overlay will promote the health and general welfare by
allowing the continued development of the auto service station/casino
within an appropriate B-2/PUD Zone. The standards provided for within
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the underlying B-2 Zone and additional standards required by this PUD will
ensure that the expansion of the auto service facility is safely and
appropriately designed and that the associated commercial traffic is
managed and directed to traffic routes designed to accommodate it.
6. Does the zoning regulation consider the reasonable provision of adequate
light and air?
The requested PUD does not modify the setback, height, and lot coverage
standards of the B-2 Zoning District, which are established in the Kalispell
Zoning Ordinance to insure adequate light and air are provided. However,
amending the PUD allows for the implementation of the city's entrance
corridor standards which includes an additional 20 foot buffer along U.S.
93 South.
7. Will the requested zone promote compatible urban growth?
The proposed PUD in conjunction with the B-2 Zoning District is consistent
with the surrounding commercial character of the area and its location
adjacent to the U.S. 93 right-of-way.
8. Will the requested zone avoid undue concentration of people?
The PUD would allow for the expansion of the existing Town Pump facility.
It is anticipated that there will be additional people onsite because of the
expansion; however, the additional people onsite will be mitigated through
appropriate site design and improved access off U.S. 93 South.
9. Is the zoning regulation designed to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements?
Improvements to the property such as water, sewer and drainage would be
installed in accordance with city policies and standards at the developer's
expense, thereby insuring that there is adequate provision of services to the
site prior to development. Any development is reviewed by the city's Site
Review Committee to ensure any impacts to the public infrastructure are
adequately addressed.
10. Does the zoning regulation consider the character of the district and its
peculiar suitability for particular uses?
As outlined earlier, the requested amendment of B-2/PUD is an appropriate
designation given the Commercial growth policy land uses assigned to the
property on the Kalispell Growth Policy Future Land Use Map. The growth
policy map is a long-range planning document providing guidance to the
city on how specific areas of the city should develop over time. The requested
zone is in compliance with the growth policy and the city anticipated the
property would develop in the requested manner. Additionally, the proposed
PUD in conjunction with the B-2 zoning district is consistent with the
surrounding commercial character of the area and its location adjacent to
the U.S. 93 right-of-way.
11. Does the zoning regulation consider conserving the value of buildings?
No significant negative impacts on property values are anticipated as a
result of the requested zoning of the property. City standards, city services,
and zoning requirements will insure that there is high quality development.
It can be assumed that property values will increase since city services to
the property are being added and much of the property is currently
undeveloped.
12. Does the zoning regulation encourage the most appropriate use of land
throughout the municipality?
The most appropriate land uses throughout the jurisdiction are promoted
by encouraging complementary and compatible uses which promote the
general well-being of all citizens of the community. As the area is currently
developed primarily as commercial, the most appropriate use of the area
would be to allow for the expansion of the existing Town Pump facility. The
PUD plan submitted does not impact the future development of the
remainder of the Siderius PUD negatively, and adequately addresses
impacts of this development.
II. Criteria for the Creation of a Planned Unit Development (PUD)
District
The intent of the PUD district is to serve as an overlay zoning district. The
Kalispell Zoning Ordinance describes the intent of a PUD district as follows:
"The district shall function in concert with one or more of the underlying zones
to provide a comprehensive, integrated development plan which will serve to
modify the underlying zone and, where appropriate, subdivision standards with
the intent of providing flexibility of architectural design and density as well as
providing the option to mix land uses and densities while preserving and
enhancing the integrity and environmental values of an area."
Sections 27.19.020(4) of the zoning regulations provide that the Kalispell City
Planning Board and Kalispell City Council shall review the PUD zoning based on
the following criteria:
A. The compliance of the proposed PUD with the city growth policy and
in particular the density and use policies of the plan;
The subject property is within the Commercial land use category, which
provides the basis for the B-2 and B-2/PUD, General Commercial Zoning.
The growth policy would anticipate a variety of uses under that designation,
including, but not limited to, apartments, offices, retail, and other
commercial uses. The requested convenience store and casino is an
M
appropriate land use for the property. Additionally, the Kalispell Growth
Policy Plan -It 2035 has several goals and policies that support the PUD
request:
Growth Policy 2035, Chapter 4 - Business and Industry, states the
following:
GOAL # 1 - Encourage the development and growth of prosperous
commercial and industrial districts, each with a viable mix of business,
suitable infrastructure, and a coordinated development pattern that
reduces business costs and increases small business opportunities.
GOAL #3 - Provide adequate areas within the community for commercial
and industrial development that meets the needs of present and future
business in terms of cost, type, design and location.
The proposal allows for the expansion of an existing facility within an
existing commercial zone. The applicant is proposing the expansion to
meet the needs of their clientele provide for future business at a major
intersection entering the City of Kalispell.
POLICIES (General Commercial, b.) - The expansion of additional
commercial districts along major arterials in anticipated to occur at such
times as the development or redevelopment of existing commercial districts
have significantly developed to avoid creation of a new commercial district
and leapfrog development.
POLICIES (Highway Community Entrance):
d. Emphasize the objective of pleasing corridors that encourage highway
landscaping.
e. Encourage the use of innovative land use regulations to achieve a
pleasing community entrance.
f. Encourage highway commercial development to adhere to the following
design guidelines:
i. Encourage access by a secondary street or use of shared driveways
and interconnected parking lots where secondary street access is not
feasible.
ii. Increase building and parking lot setbacks.
iii. Incorporate pedestrian and bicycle facilities into landscaped
frontages.
iv. Landscape highway frontage and parking lots to enhance
development sites and reduce visual impacts of development.
10
V. Keep signs simple to reduce clutter and allow rapid comprehension
by highway motorists without undue distraction. Encourage variety
and creativity in sign design.
vi. Outdoor storage, machinery, utilities, trash dumpsters, service bays,
antennas, rooftop equipment, and similar accessory facilities should
be hidden or screened from public view to protect aesthetic qualities.
vii. Outdoor lighting should be low intensity, directed downward and
shielded to prevent glare.
Highway 93 South Corridor Area Plan:
Goal #2 - Expansion of commercial development south of Cemetery
Road/Lower Valley Road needs to be addressed under a Planned Unit
Development in order to adequately address vehicular and pedestrian
access, signage, setbacks, and other issues relating to protecting and
preserving the community entrance to Kalispell.
Goal #4 - Development along the Highway 93 South Corridor should occur
in areas where public services, utilities and facilities area available or can
be provided.
Goal #5 - New development whether commercial, industrial or residential
should be of high quality in design and architectural quality.
Goal # 15 - Provide for the ongoing acquisition, construction and
maintenance of parks, bike and pedestrian trails and other recreational
facilities.
POLICIES
1. Additional accesses onto Highway 93 shall be limited and a grid
street system shall be developed when possible.
2. High quality design standards shall be applied to new development
along the corridor related to architecture, parking lot layout, lighting,
landscaping, setbacks and signage.
3. The following design standards are intended to enhance the gateway
entrances to Kalispell:
v. Access control should be the norm along the 93 corridors.
vi. Access should be coordinated so as to allow only collector or
arterial streets to intersect Highway 93. The judicious use of
right -in right -out approaches, frontage roads and good internal
11
development street design should be the rule to reduce or
eliminate the need for direct access onto major gateway roads.
vii. Areas planned for commercial development along Highway 93
should occur as an integrated development utilizing and
enhancing the property back from the highway as opposed to
occurring as a shallow linear strip. Significant individual
business highway exposure, individual access points, and pole
signage would not be the norm.
viii. Monument signs are preferred over pole signs.
In this case, the applicant is requesting a deviation in the zoning ordinance
to permit a casino within the B-2 Zone, while simultaneously
implementing city entrance corridor standards in order to improve the
aesthetics of the property. Increased standards would include a new
casino/convenience store building with superior design, increased
landscaping along U.S. 93 South, new larger pedestrian sidewalk, access
control into the property, elimination of billboards on the property, and
increased signage regulations.
B. The extent to which the PUD departs from the underlying zoning and
the reasons why such departures are or are not deemed to be in the
public interest, and the mitigating conditions that the PUD provides
to address the deviations;
The applicant is requesting a deviation in the zoning ordinance to permit
a casino within the B-2 Zone, while simultaneously implementing city
entrance corridor standards in order to improve the aesthetics of the
property. Thus, approval of this request would be an amendment to the
Kalispell Zoning Ordinance, Section 27.13.020 Permitted Uses, by allowing
casinos as a permitted use. Casinos are only permitted within the B-5 Zone
with approval of a Conditional Use Permit. Although a casino is not
currently permitted within the B-2 Zone, the existing facility can continue
to operate on the property in perpetuity in its current state under the
nonconforming regulations of the Kalispell Zoning Ordinance.
In exchange for the ability to reconstruct a new casino and convenience
store, the applicant is proposing to implement entrance corridor standards
that would include a building with superior design, increased landscaping
along U.S. 93 South, new larger pedestrian sidewalk, access control into
the property, elimination of billboards on the property, and increased
signage regulations in regards to casinos. The zoning ordinance has the
following design standards and when appropriate may be placed on the
casino:
a. Limiting or prohibiting the on -premise signage or building from
using the following:
12
1. Any terms such as gaming, gambling, cards, dice, chance, etc.
2. Any reference to any associated activity or any symbols or
words commonly associated with gambling.
3. Any words, terms, figures, art work, or features intended or
designed to attract attention to the fact that a casino is on
site.
4. Neon lighting.
b. Limiting the number and location of entrances to the casino.
c. Increasing landscaping requirements in order to create a buffer
between the casino and adjacent land uses.
Due to this site's location on a major entrance corridor and proximity to
other commercial developments where casinos have otherwise been
prohibited, staff recommends prohibiting onsite signage as mentioned
above in Section 27.34.040(4)(a) and have added them as conditions of
approval. The request for a new facility allows the city to consider these
increased standards in an effort to implements the goals and policies of
the City Growth Policy Plan -It 2035.
C. The extent to which the PUD departs from the subdivision regulations
(if subdivision is anticipated) and the public works standards for
design and construction applicable to the subject property, the
reasons why such departures are deemed to be in the public interest,
and the mitigating conditions that the PUD provides to address the
deviations;
The proposed PUD for the expansion of the Town Pump facility does not
depart from the subdivision regulations or Public Works standards for
design and construction.
D. The overall internal integrity of the PUD including the appropriate
use of internal design elements, the use of buffers between different
land uses, the use of transitions between uses of greater and lesser
intensity, the use of enhanced design features to provide
connectedness for both vehicle and pedestrian traffic throughout the
PUD and the use of innovative and traditional design to foster more
livable neighborhoods;
As mentioned previously, in exchange for the ability to reconstruct a new
casino and convenience store, the applicant is proposing to implement
entrance corridor standards that would include a building with superior
design, increased landscaping along U.S. 93 South, new larger pedestrian
sidewalk, access control into the property, elimination of billboards on the
property, and increased signage regulations in regards to casinos. The
request for a new facility allows the city to consider these increased
13
standards in an effort to implements the goals and policies of the City
Growth Policy Plan -It 2035.
E. The nature and extent of the public parks and common open space in
the PUD, the reliability of the proposal for maintenance and
conservation of these areas and the adequacy or inadequacy of the
amount and function of the parks and open space in terms of the land
use, densities and dwelling types proposed in the PUD;
No public parks and common open space are within the PUD because the
development is commercial and no parks or open space are required as
part of commercial development.
F. The manner in which the PUD plan makes adequate provision for
public services, provides adequate control over vehicular traffic and
furthers the amenities of recreation and visual enjoyment;
1. Public Services:
Police and Fire Services
The Kalispell Fire Department and Police Department can
adequately provide service to the property. No increased impacts to
police and fire are anticipated as a result of the proposed expansion.
Water and Sewer
The city has the ability to serve the property and any future
expansions. Any new water and sewer mains/service lines will be
required to be installed per the City of Kalispell Construction and
Design Standards, including the extension of them to the western
property boundary.
Storm water
Storm water runoff from the site shall be managed and constructed
per the City of Kalispell Construction and Design Guidelines. Final
design will be approved by Kalispell Public Works Department prior to
building permit issuance. Prior to receiving a building permit the
developer will need to submit a construction storm water management
plan to the Public Works Department. This plan will need to show
how storm water will be treated and where it will be directed during
construction activities.
2. Control Over Vehicle Traffic:
The requested PUD overlay will positively affect the motorized system and
non -motorized system as staff is recommending as a condition of PUD
approval that the applicant move their approach on U.S. 93 South southerly
14
to align with the approach with the auto dealerships across the highway to
the east. Having the approaches lined up will create more predictable
traffic movements thereby reducing potential traffic conflicts. Staff also
recommends that the approach serve as a shared access to Tract 5A to the
south, which is also owned by Town Pump. A shared access requirement
will limit the amount of driveway approaches onto the highway, also
limiting potential vehicle conflicts and promoting the free flow of U.S. 93.
Additionally, traffic circulation will be designed to encourage easier access
to the new approaches on Cemetery Road where there is a lighted
intersection.
3. Recreational Amenities:
No recreational amenities are required for the expansion as it is a
commercial use.
4. Visual Enjoyment
The applicant is proposing implement the city's entrance corridor
standards as provided in Chapter 27.20.29 of the Kalispell Zoning
Ordinance. The requirements include an additional 20 feet of landscaping
along the property frontage which incorporates live landscaping including
undulating topography and have a mix of planting with ground cover of
predominately sod. Additionally, a new building is proposed to be
constructed in place of the existing building. The applicant has submitted
pictures of similar building that includes architectural features including
use of rock, wood, pitched roofs and emphasis on the entry. Staff is also
recommending conditions that the Architectural Review Committee could
use to assure the architectural embellishments are incorporated into the
building design at time of building permit. Staff is recommending removal
of the nonconforming billboards on the property, which serve as visual
distraction/visual clutter along the major entrance into the city.
Staff is also recommending the applicant include plans for landscaping the
area adjacent the public lift station located at the southwest corner of U.S.
93 South and Cemetery Road through the use of vines and tall shrubs.
Currently, the facility is very industrial in nature and detracts from the
private improvements occurring in the vicinity.
G. The relationship, beneficial or adverse, of the PUD plan upon the
neighborhood in which it is proposed to be established in concert with
the underlying zone;
The PUD is beneficial to the neighborhood, as the development will include
implementation of the city entrance corridor standards, construction of a
new building with superior architecture design with increased tax base,
removal of existing billboards and access control improvements on U.S. 93
South. The land use on the property will not change and is compatible with
the established land use pattern in the area of commercial uses.
15
H. 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 PUD;
The development area was planned for commercial and does not inhibit
any future utility extensions that will be needed for the remainder of the
property to properly develop.
I. Conformity with all applicable provisions of this chapter.
No specific departures from the Kalispell Zoning Ordinance, other than
listed above, or subdivision regulations can be identified based upon the
information submitted with the application.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission
adopt Staff Report #KZC 19-02 as findings of fact and recommend to the Kalispell
City Council that the Town Pump #5 PUD amendment be approved subject to the
following conditions:
Conditions of Approval
1. The Planned Unit Development for Town Pump #5 allows the following
deviations from the Kalispell Zoning Ordinance:
a. Kalispell Zoning Ordinance, Section 27.13.020 Permitted Uses -
Allows one (1) casino as a permitted use.
2. The development of the Kalispell Town Pump #5 PUD shall
substantially comply with the following site plan and elevations
submitted as part of the Planned Unit Development application:
a. Site Layout Plan
b. Building footprint site plan
c. Pictures of proposed building materials and design concepts
3. 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 the building permit.
4. Architectural rendering are required to be submitted to the Kalispell
Architectural Review Committee for review and approval prior to
issuance of a building permit. Building design shall be provided as
listed below:
a. Four sided architecture is required for all structures and buildings.
Large, rectangular masses should be avoided by incorporating
offsets in the wall and roof. A change in the plane of the walls,
16
changing the direction or providing some variety in the roof form
gives diversity and visual interest.
b. Entries should be a prominent component of the building face by
providing an architectural covered or recessed entry with modified
roof accent and increased usage of windows and trim.
c. Franchise architecture may be subject to modification to achieve the
building style objectives.
5. 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. A landscape plan shall be submitted to the Parks and Recreation
Department for the area adjacent the public lift station located at the
southwest corner of U.S. 93 South and Cemetery Road, which shall be
screened through the use of vines and tall shrubs in landscape beds.
7. To ensure the property is fully landscaped and is compatible with the
surrounding developments, a landscape plan shall be submitted along
with the building permit. Dead or removed trees from original
landscaping shall be replaced.
8. The developer shall improve the properties U.S. 93 South frontage in
accordance with Chapter 27.20.29 of the Kalispell Zoning Ordinance.
9. The following on -premises signs are prohibited;
a. Any terms such as gaming, gambling, cards, dice, chance, etc.
b. Any reference to any associated activity or any symbols or
words commonly associated with gambling.
c. Any words, terms, figures, art work, or features intended or
designed to attract attention to the fact that a casino is on
site.
d. Neon lighting.
10. The developer shall submit to the Kalispell Public Works Department
for review and approval a stormwater management plan that meets the
requirements of the current city standards for design and construction.
The approved stormwater management plan for on -site facilities shall
be completed prior to the issuance of a building permit.
17
11. The properties U.S. 93 South entrance into the property shall be
relocated southerly to a point where it lines up with the auto
dealerships to the east.
12. A shared access easement shall be granted to Lot 5A of Ashley Park,
Lot 5, Revisited situated in the SE4 NE4 of Section 29, Township 28
North, Range 21 West, P.M.M., Flathead County, MT off of U.S. 93
South.
13. The billboards on the property shall be removed from the site prior to
certificate of occupancy of building.
14. The developer shall obtain an approach permit from the Montana
Department of Transportation for the approach onto U.S. 93 South.
15. Prior to development of Lot 5A, the developer shall submit an
amendment to the Town Pump #5 PUD showing the location, size,
elevations, landscaping and parking associated with the proposed use.
I:
PLANNING FOR THE FUrM
Planning Department
201 Ist Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/ planning
PETITION FOR ZONING MAP AMENDMENT
NAME OF APPLICANT: Town Pump, Inc.
MAIL ADDRESS: 600 South Main Street
CITY/STATE/ZIP:
Butte, MT
INTEREST IN PROPERTY: owner/developer
PLEASE COMPLETE THE FOLLOWING:
PHONE: 59701-2534
A. Address of the property: 2910 US Highway 93 S.
B. Legal Description: (Subdivision Name, Lot: & Block and/or Tract Number
(Section, Township, Range) Tract 1A as shown on "Ashley Business
Park, Lot 5, Revisited"
(Attach sheet for metes and bounds)
C. Land in zone change (ac)' —4.613 ac
D. The present zoning of the above property is: B-2/PUD, and B-2
E. The proposed zoning of the above property is: B-2/PUD
F. State the changed or changing conditions that make the proposed
amendment necessary:
The purpose of this application is to amend the PUD ordinance so as to allow the construction of a
convenience store and casino on the parcel and allow for the removallrazing of the existing c-storelcasino.
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
A. Promoting the Growth Policy
Developing convenience store and casino on the subject parcel will allow
demolition of the existing structure on the adjoining B-2 zoned parcel; this
will facilitate the placement of landscaping and related features along US
Hwy 93, thereby supporting the City's entrance corridor goals and objectives.
B. Lessening congestion in the streets and providing safe access
While access points into the property will not change, the design and layout of the
1
redevelopment will result in the ingress/egress traffic being more evenly
dispersed among the access points both on US Hwy 93 and on Cemetery Road,
thereby reducing congestion in the vicinity of the US Hwy 93 intersection.
C. Promoting safety from fire, panic and other dangers
The new structure will meet all uniform fire code regulations and congestion
in and out of the property will be reduced as referenced in the preceding
response.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare
As mentioned in response to A above, the City's entrance corridor goals and
objectives are being addressed, traffic congestion will be reduced as
discussed above, and fire/life safety measures will be improved with the
construction of a modern structure.
E. Preventing the overcrowding of land
Moving the structure to the proposed location will prevent overcrowding of
the property and it will improve the City's entrance corridor, as mentioned
previously.
F. Avoiding undue concentration of population
This criteria does not appear applicable since there are no plans for
residential development of the property.
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities
The developer recently extended water and sewer mains westerly in the
Cemetery Rd R/W per City requirements, and they improved the roadway
upon completion. The proposed entrance corridor improvements will facilitate
the public use and/or view of the east edge of the property.
H. Giving reasonable consideration to the character of the district
The proposed development is consistent with the City's goals and
objectives as well as the character of the proposed PUD parcel.
I. Giving consideration to the peculiar suitability of the property for particular uses
The intended use of the parcel is identical to what presently exists on the B-2
zoned parcel and is therefore considered a suitable development on the
PUD parcel.
J. Protecting and conserving the value of buildings
The new, modern facility will be a substantial improvement to the parcel,
and, razing the existing structure will actually enhance the value and image
of the subject properties.
K. Encouraging the most appropriate use of land by assuring orderly growth
The proposed development will remove and replace an existing use with
precisely the same use, and it will be offset from the US Hwy 33 corridor. It
is therefore considered well planned and orderly growth.
The signing of this application signifies approval for Kalispell Planning staff to be present
on t e proper ty for routine monitoring and inspection during approval process.
(Applicant Signature) (Date)
3
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Growth
Policy compatibility with the application, compatibility of the proposed zone
change with surrounding zoning classifications, and the application procedure.
B. Application Contents:
Completed application form.
2. Petition for zone change signed by the real property owners representing
at least 65% of the land area for which the change in zoning classification
is sought.
3. A map showing the location and boundaries of the property.
4. A title report of the subject property.
S. Electronic copy of the application materials submitted. Either copied onto
a disk or emailed to llaannin_c�-.kalispell.com (Please note the maximum file
size to email is 20mg)
6. Application fee per schedule below, made payable to the City of Kalispell.
Zone Change: Base fee $550.00
For first SO acres of area of the request add $20/acre
For next 81+ acres add $10/acre
C. The application _must be __accepted as complete by the Kalispell Planning staff
thirty five 135) days prior to the date of the planning board meeting at which it
will be heard in order. that requirements of state statutes and the zoning
regulations may be fulfilled.
4
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