E2. Ord. 1828 Town Pump #5 Second ReadingPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1828 Second Reading — Town Pump 95
MEETING DATE: September 16, 2019
BACKGROUND: This is the second reading of Ordinance 1828, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of B-2/PUD (Town Pump 95). The
subject property to be rezoned can be 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 Council, at their meeting on September 3, 2019, approved the first reading of
Ordinance 1828, unanimously upon 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 amending Ordinance 1793, known as Kalispell Town Pump 95 PUD, by adding
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, in
accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1828
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