Ordinance 1850 - PUD - Hammerquist & CasalegnoH
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Debbie Pierson, Flathead County MT by AC 11/19/2020 10g�7 AM
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Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO.1850
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ATTACHING A
PLANNED UNIT DEVELOPMENT OVERLAY ON CERTAIN REAL PROPERTY
CURRENTLY ZONED B-5 (INDUSTRIAL/BUSINESS), MORE PARTICULARLY
DESCRIBED AS LOTS 4 AND 5 OF LOST CREEK SUBDIVISION, ACCORDING TO THE
MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE
CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, EXCEPTING
THEREFROM THAT PORTION OF LOT 5 DEEDED TO MDOT IN BARGAIN AND SALE
DEED, RECORDED JULY 12, 1999, AS DOC. NO. 1999-193-08510, RECORD OF
FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY PLAN -IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Hammerquist and Casalegno, LLC petitioned the City of Kalispell that a Planned
Unit Development overlay be attached to the current B-5 zoning classification on the
above described tract of land; and
WHEREAS, the property is located at 145 and 151 Snowline Lane; and
WHEREAS, the petition of Hammerquist and Casalegno, LLC was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KPUD-20-02, in
which the Kalispell Planning Department evaluated the petition and recommended
that a Planned Unit Development overlay be attached to the property as described
above, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on October 13,
2020, and recommended that a Planned Unit Development overlay be attached to the
current City B-5 zoning, pursuant to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned Unit
Development overlay to the described B-5 zoning, 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-20-02.
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 designating the
property described above as B-5, Industrial/Business, with a Planned Unit
Development overlay.
SECTION 2. The Planned Unit Development proposed by Hammerquist and Casalegno,
LLC upon the real property described above is hereby approved, subject to
the following conditions:
1. The Planned Unit Development for Snowline Lane includes the following deviation from the
Zoning Regulations:
(a) Allowed Uses: Kalispell Zoning Ordinance Sec 27.15.030(2), (9), and (13) —
Casinos, pre-release centers and private jail facilities, and telecommunication
towers/cellular communication towers (including radio, TV, internet, phone and
cable providers) are specifically excluded as allowable uses within the PUD.
Accessory casinos, as provided for in the zoning ordinance, would be allowed.
2. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the project as approved by the city council.
3. 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.
4. A view -obscuring fence enclosing the laydown yard shall be installed by the developer. The
fence shall be reviewed and approved by the City of Kalispell Architectural Review
Committee.
5. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. The planned stormwater facility shall
be located in an approved utility lot.
6. Prior to development, the developer shall submit a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
taxes levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
7. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval.
8. Improvements of Snowline Lane to city collector standards and extension of water and sewer
mains are required. The road upgrade and utilities shall extend to the eastern side of the
property (Lot 4) from the highway. Under the phasing plan, the proposed laydown yard on
Lot 4 could develop without the full improvements; a water main extension will be necessary
to the extent required for fire protection. In conjunction with any development of Lot 5 or
any other use of Lot 4, the road upgrade and utility extensions shall be required.
9. A waiver of protest to creation of a Special Improvement District ("SID") for the Snowline
Lane improvements and utility extensions are a condition of approval prior to
commencement of any use on either lot, including the laydown yard. The SID would only be
created, if necessary, in a situation where the City needs to install water main, sewer main, or
road improvements in Snowline Lane to serve any development to the east of Lot 4.
10. Any required additional right-of-way necessary for street improvements shall be dedicated to
the City of Kalispell. Additionally, the existing fee interest in the right-of-way for Snowline
Lane shall be dedicated to the City of Kalispell.
11. In order to align improvements with Ashley Meadows Road across Highway 93, part of the
design of the Snowline Lane upgrade may need to include a dedication at the southwest
corner of Lot 5 if required by the City of Kalispell. It is anticipated the dedication would
only involve an area otherwise part of a landscape buffer required by entrance corridor
standards. The dedication, if necessary, would be in conjunction with the improvements of
Snowline Lane pursuant to the phasing plan.
12. At the time of development of Lot 5 along the highway, appropriate right-of-way
improvements, including, but not necessarily limited to, a bike path and landscaping, would
be required along with landscape buffering/improvements on the property to meet entrance
corridor standards.
13. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction of the mains at the time the extensions are to be completed.
14. The Kalispell Fire Department shall review and approve access, placement of fire hydrants
and fire flows prior to any development. Any required improvements for fire protection
shall be installed pursuant to Fire Department requirements.
15. All utilities shall be installed underground.
16. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
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 NOVEMBER, 2020.
ATTEST:
.�' Aimee Brunckhorst, CMC
City Clerk
Mark Johns
Mayor
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