Ordinance 1828 - Amends Ord 1793 - Town Pump #5 PUD AmendmentIIIIIIII II II IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIII II IIIIIIII IIII Page:
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Fees: gg35.00
Debbie Pierson, Flathead County MT by KD 12/19/2019 3:30 PM
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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 GENERALLY DESCRIBED AS TRACT 1A AND LOT 5A OF ASHLEY BUSINESS
PARK, LOT 5, REVISITED SITUATED IN THE SE4 NE4 OF SECTION 29, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, MORE
PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A", IN ACCORDANCE WITH
THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Montana Commerce, LLC and Major Brands Distributing Company, the owners of
the properties described above, petitioned the City of Kalispell that the zoning
classification attached to a 1.3-acre portion of the above described Tract IA be
* zoned B-2, General Business, and amended to the existing Planned Unit
Development overlay in the Kalispell Town Pump #5 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 #5 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 #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
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
objectives.
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.
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.
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 #5 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 16TH DAY OF SEPTEMBER, 2019.
Mark J n
Mayor
ATTEST:
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LEGAL ,DESCRIPTION:
T IA
Gs?, MFAI� iNG AT THE NORTH Sf.X7EENTP CORNEw COhd?,fON TO SECT O.NS 28 AND 29, TOWNSHJP 25 WORTH,
RANCE 21 MrST; P.M.M-, VA-0CH JS A FOUND 3 112 iNCH A.LljMJNUV CAP STAMPED "MD7-"- rrIENCE ALCINO
T'4E NORTH SIXTEENTH OF SECTION 29, N89 38'37"W A DISTANCE OF 359.13 FEET TO A POINT ON SAfD-
NC�RT,14 SJ.XTEENTFJ LINE; THENCE DEPARTING THE NORTH SIXTEENTH UNE OF SECTION 29, SOO'19'38"W A.
DISTANCE OF 30,00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF CEMETERY ROAD, SAID POINT f5
ALSO THE PANT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
PIENCE A.LCNG THE SOUTH RIGHT-OF-WAY OF CEMETERY ROAD, S89 38'37"E A CfSTANCE OF 174_54
FEET TO THE BEGINNING OF A NON -TANGENT CJRCULAR CURVE WHJCH IS AT THE INTERSECTION OF THE
SOUTH R'ICHT-OF-WAY OF CEMETERY ROAD AND ME WESTERLY RIGHT-OF-YMY OF U.S. Hic4fNAY 93;
TN'ENCE ALONG SAID WESTERLY RIGHT-OF-'#VAY AND ALONG SAID CURVE WFiiCH IS CONCAVE WESTERLY
W'TH .A RAO,fA'L BEARING OF S73:3629"W AT THAT POINT, A RAMUS OF 2,305.12 FEET, A CENTRAL ANGLE
OP 09'19'03", AN ARC DISTANCE OF 456.17 FEET TO AN ANGLE POINT; THENCE D,EFARTw TkfE
WESTERLY R;GIIT-OF-W.AY OF U.S. HfGH'WAY 93, S90'00'00'W A DISTANCE OF 496.68 FEET TO AN ANGLE
PQNT' ' THENCE NOi '02'19"E A DSTANCE OF 478.66 FEET TO A POINT ON THE N'OtRTJ-t SIXTEENTH LINE CF
SECTION 294; THENCE ALONG SAD NORTH SIXTEENTH L/ENE, S8938'37E A DISTANCE OF I8.76 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CEMETERY ROAD, THENCE DEPARTING THE NORTH
SIX'TEENNt, LINE OF SECRON 2.9 AND ALONG THE RIGHT-OF-WAY OF CEMETERY ROAD FOR THE
FGLLOI'r^NG ,FIVE (5) COURSES. (1) S00'02'19"W A DISTANCE OF 30.00 FEET; (2) T'J IENCL S69 26'10"E A
DISTANCE OF 74.49 FEET; (3) THENCE N89-35'41"E A DISTANCE OF 40.97 ,FEET, (4) THENCE ALONG A, -
AINGENT CI.R'CULAR t'M1r WMCH IS CDUCAVE NORTHErvLY' ATTH A RADIAL FEARING OF tI„,.00'24'"W AT
THAT PC "1e A RADL US OF 48225 FEET A CENTRAL ANGLE OF 12'23'20", AN ARC DISTANCE OF' 104.28
FEET TO THE END OF SAID CURVE, (5) THENCE NOO'19'38'E A DtSTA.N'CE OF 11.20 FEET TO THE POINT
Or BEGJNN,NG OF THE PARCEL C'ESCRPSED HEREIN, CONTA,'NING 4.613 ACRES, AND;
Lt�T 5A
CCMMENCP O AT THE NORTHEAST CORNER OF -LOT 4, ASHLEY BUSiN'ESS PARK, K-, i,CH IS A FOUND 112
?NCH I=EBA4 VITH A YELLOiY PLASTIC CAP STAMPED "7975S THENCE ALONG ME NORTH HIVE OF SAID
LOT, N89'5-4'29"W A: DISTANCE OF 297.42 FEET TO A POINT; SAID POINT IS ALSO THE POINT OF
6Z,4NNJNG OF THE PARCEL HEREN DESCRIBED;
P-tENCE DEPARTING THE NORTH LINE OF LOT 4, NOO- 0"03"W A DfSTANCE OF 263.99 FEET TO AN ANCL.E
PQ.'NT; MENCE S89'53'19"E A DYSTAN'CE OF 301.03 FEET TO .A POINT ON THE WEST RICH'T-OF-W'AY OF
U.S_ MGH1 VAY 93 AND Tf-'c; F.3,EQNNJNG O A NON -TANGENT Cf,RCULA.R CURVE; THENCE ALONG SAID
CURVE WMICH IS CONCAVE WESTERLY, WITH A RADfAL BLARING OF S56-55-10"W AT THAT POINT, A RADIUS
OF' 2805.12 FEET, A CENTRAL ANGLE OF 03'59'38", AN ARC DISTANCE OF 195.5.3 FEET TO THE ENO OF
SAI"D CU.RVE; THENCE DEPARTING THE WEST RIGHT-OF-WAY OF U.S.. HfGHWAY 93. S90'00'00"W A
NSTANCE OF 496.6:S FEET TO AN ANGLE MUT; THENCE SOO'02'19"W A DISTANCc. OF 457.77 FEET TC
AN ANGLE P.D,'NT, THENCE S8954'23E A DISTANCE CF' 214.80 FEET TO -ME p.OI "T OF BE'GMPONG OF THE
PARCEL DrESCRISE'0 HI=RETN, CONTAtfV'tN'G 3.555 ACRES, ANG