Ordinance 1882 - PUD - Noller's RVReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
1III1111IN 202200
Page: 10
of 5 45
Debbie Pierson, Flathead County MT by JW 7/7/2022 g;43 AMD
ORDINANCE NO. 1882
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
COMMERCIAL PLANNED UNIT DEVELOPMENT, TO BE KNOWN AS NOLLER'S RV
PLANNED UNIT DEVELOPMENT, OVER CERTAIN REAL PROPERTY DESCRIBED
AS A TRACT OF LAND SITUATED, LYING AND BEING IN THE SOUTHEAST
� QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 28
p ' NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, SHOWN AS
0 TRACT 1 OF CERTIFICATE OF SURVEY 21952 EXCEPTING THEREFROM THAT
PORTION DEEDED TO THE STATE OF MONTANA DEPARTMENT OF
TRANSPORTATION IN DOC. NO. 2000-039-08420, AND DOC. NO. 2009-000-32377, IN
�r THE OFFICE OF THE CLERK AND RECORDER, FLATHEAD COUNTY, MONTANA,
IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND
TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, JCA Management, LLC, the owners of the property described above, petitioned the
City of Kalispell that the zoning classification attached to the above -described tract
of land be zoned B-2 with a Commercial Planned Unit Development overlay to be
known as Noller's RV PUD, on approximately 9.72 acres of land; and
WHEREAS, the property is currently zoned City B-2 with a placeholder PUD overlay and is
located south of the intersection of Highway 93 South and the Bypass; and
WHEREAS, the petition of Noller's RV was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KPUD-22-02, in which the Kalispell Planning
Department evaluated the petition and recommended that a Planned Unit
Development overlay be attached to 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 May 10,
2022, and recommended that a Planned Unit Development overlay be attached to
approximately 9.72 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-22-02.
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 attaching the
zoning classification of B-2 to the above -described tract of land with a
Commercial Planned Unit Development overlay to be known as Noller's
RV PUD.
SECTION 2. The Commercial Planned Unit Development overlay proposed by Noller's
RV upon the real property described above is hereby approved subject to
the following conditions:
1. 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.
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. The specific layout and routing of the water main shall be modified to conform with city
standards and extend to the southwest corner of the property to provide for future
extensions. An easement shall be provided for the main extension.
12. If the sewer main is extended within Basecamp Drive, the sewer would connect to the
regional lift station on the south end of Basecamp Drive and shall be located appropriately
within the current and future road section. All-weather maintenance access to manholes
along the main must be adequate to support maintenance equipment. Any on -site sanitary
sewer will be considered private and must be privately maintained.
13. The access onto Highway 93 can be maintained in the short-term as a right-in/right-out
access, although the specific design of the proposed access shall be modified subject to the
review and approval of MDT and Public Works. It is likely the intersection of Highway
93 and the bypass will be modified, leading to a closure of that access. The access to both
properties shall include an access road from Basecamp Drive, as well as an access easement
for the adjoining property, as part of the initial development of this property.
14. Basecamp Drive shall be extended to the southern property line. The street is designated
as a major collector and shall be developed to that standard. Additionally, other frontage
improvements including, but not necessarily limited to, curb/gutter, landscape boulevard,
street lights and sidewalks, shall be installed across the full length of the property's
frontage. All improvements shall be designed according to the Standards for Design and
Construction and approved by the Public Works Department.
15. A 10-foot private utility easement shall be provided that runs parallel to and outside of the
right-of-way of Basecamp Drive.
16. The frontage along Highway 93 shall be upgraded to city standards including, but not
necessarily limited to, street lights, trees, and a sidewalk in addition to meeting entrance
corridor standards on -site.
17. The applicant shall coordinate development with MDT to ensure that any potential
improvements to the bypass intersections with both Highway 93 and Basecamp Drive are
taken into account, as well as any other aspects of potential highway improvements.
18. 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.
19. 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 40 feet wide and would be located outside the
right-of-way on the subject property.
20. Additional landscape screening/buffering shall be installed along the bypass frontage if
required by the Architectural Review Committee. Specific landscape plans will be
reviewed as part of the building permit and site review process.
21. All signs, including, but not limited to, freestanding and wall signs, shall be designed to
meet the sign regulations contained in Chapter 27.22 of the Kalispell Zoning Ordinance.
A sign permit is required and is subject to review and approval by the Kalispell
Development Services Department.
22. Architectural renderings 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.
(d) All roof mounted equipment, i.e. HVAC, should be shielded from all views.
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 JUNE, 2022.
Mark Johns
Mayor
ATTEST:
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Airfiee Brunckhorst, CMC
City Clerk