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E3. Bish's RV Second ReadingKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1870 — Bish's RV Initial Zoning, and Planned Unit Development Zoning Overlay — Second Reading MEETING DATE: December 20, 2021 BACKGROUND: Bish's RV submitted an application for the annexation of two parcels located at 3100 Highway 93 South containing approximately 8.36 acres of land with an initial zoning designation of B-2 (General Business). The annexation was approved by the Kalispell City Council at the December 6, 2021, meeting. The proposal would add a Planned Unit Development ("PUD") overlay on the two parcels along with a third parcel containing approximately 12.58 acres that was already within the city limits with a B-2/PUD placeholder designation. The Bish's RV PUD as proposed would then be a Commercial PUD on a total of approximately 20.94 acres and would contemplate a renovation and expansion of an existing RV dealership. The properties are located at 3100 Highway 93 South and can be described as Lots IA and 2A of the Amended Plat of Lots 1 and 2 of Ashley Business Park, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana and Tract 1 of Certificate of Survey No. 19521, situated, lying and being in the Southeast Quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council, at their meeting on December 6, 2021, approved the first reading of Ordinance 1870 unanimously. RECOMMENDATION: INITIAL ZONING AND PLANNED UNIT DEVELOPMENT: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1870, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property described as Lots IA and 2A of the Amended Plat of Lots 1 and 2 of Ashley Business Park, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, and Tract 1 of Certificate of Survey No. 19521, situated, lying and being in the Southeast Quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, as B-2 (General Business), and applying a Commercial Planned Unit Development Zoning Overlay subject to 18 conditions in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1870 The following documents are linked here from the 12-06-21 Materials: November 9, 2021, Kalispell Planning Board Minutes Staff Report (Amended) Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1870 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO BE KNOWN AS BISH'S RV PLANNED UNIT DEVELOPMENT, OVER CERTAIN REAL PROPERTY DESCRIBED AS LOTS IA AND 2A OF THE AMENDED PLAT OF LOTS 1 AND 2 OF ASHLEY BUSINESS PARK AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 195211) SITUATED AND BEING IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA, ALL ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Bish's RV, as agents of the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above -described tracts of land be zoned B-2 with a Planned Unit Development overlay to be known as Bish's RV PUD, on approximately 20.94 acres of land; and WHEREAS, the properties are currently zoned County I1-H, Light Industrial — Highway and City B-2 with a Planned Unit Development Placeholder, and are located near the intersection of Highway 93 South and the Bypass; and WHEREAS, the petition of Bish's RV was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-21-04, in which the Kalispell Planning Department evaluated the petition and recommended that a Planned Unit Development overlay be attached to the above -described tracts 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 November 9, 2021, and recommended that a Planned Unit Development overlay be attached to approximately 20.94 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-21-04. 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 zoning classification of B-2 to the above -described tract of land with a Planned Unit Development overlay to be known as Bish's RV PUD. SECTION 2. The Planned Unit Development overlay proposed by Bish's RV upon the real property described above is hereby approved subject to the following conditions: 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 preliminary plat as approved by the city council. 2. 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. 3. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 4. The abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 5. Any storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 6. Prior to issuance of the building permit or any development of the site, 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. 7. 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 Storm Water Discharge Associated with Construction Activities. 8. 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. 9. New infrastructure required to serve the property 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. 10. 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's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to certificate of occupancy, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 11. Phase 2 shall include an extension of a major collector street from the roundabout/interchange to the northwestern corner of the property. The street shall be designed and construction to meet the City of Kalispell's Standards for Design and Construction. 12. Both the Highway 93 and the bypass frontages shall be upgraded to city standards to include an eight -foot sidewalk to be installed on or near the right -of way line. Development of the frontages shall follow the phasing line of the project. Approaches shall be concrete between the curb and sidewalk. 13. The applicant shall coordinate future development with MDT to ensure the interchange and connecting road are taken into account, as well as any other aspects of potential highway improvements. 14. If any fencing is to be constructed as part of the development, it shall comply with height and location zoning standards and should be a consistent design throughout the development. Any fencing will be required to be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. 15. All billboards existing on the property shall be removed prior to issuance of a certificate of occupancy for the second phase of building construction (part of phase 1 of the overall site), which involves the demolition of a portion of the building and is anticipated in the summer of 2023. In no case shall they be removed later than July 1, 2025. Under the zoning ordinance, the billboards count as sign area towards the maximum allowable sign area and signage may be restricted in that manner on the property until the billboards are removed. 16. Prior to or in conjunction with any building permit issued for the property, the parking/vehicle display area to the west of the building shall be developed to city standards, including, but not necessarily limited to, paving, storm drainage, and landscaping. Any display shall be limited to the developed area shown as part of the first phase until such time as the remainder of the property is appropriately developed. 17. A landscape buffer shall be installed along the Highway 93 frontage that meets the entrance corridor standards set forth in Section 27.20.29 of the Kalispell Zoning Ordinance. The buffer in this area would be a minimum of 20 feet wide and would be located outside the right-of-way on the subject property. 18. Additional landscape screening/buffering shall be installed along the bypass frontage. Specific landscape plans will be reviewed as part of the building permit and site review process, which would include review by the Architectural Design Review Committee. 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 20TH DAY OF DECEMBER, 2021. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk