Ordinance 1926 - PUD - Gardner/AndersonReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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Debbie Pierson, Flathead County MT by JB 9/26/2024 1!47 .PM
ORDINANCE NO. 1926
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 TO BE KNOWN AS
GARDNER/ANDERSON RANCH PUD OVER CERTAIN REAL PROPERTY MORE
PARTICULARLY DESCRIBED AS FIVE TRACTS OF LAND, SITUATED, LYING, AND
D BEING IN THE SOUTH HALF OF THE NORTHWEST QUARTER, AND IN THE
0 SOUTHWEST QUARTER, ALL OF SECTION 28, TOWNSHIP 28 NORTH, RANGE 21
° WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT: TRACT 1 OF CERTIFICATE OF SURVEY NO.
2829, EXCEPTING THEREFROM, THAT PORTION GRANTED TO THE STATE OF
MONTANA IN JUDGMENT AND FINAL ORDER OF CONDEMNATION, RECORDED
APRIL 24, 2006, AS DOC. NO. 2006-114-08400, RECORDS OF FLATHEAD COUNTY,
MONTANA; TRACT 2 OF CERTIFICATE OF SURVEY NO. 14830 (RECORDS OF
FLATHEAD COUNTY, MONTANA); TRACT 1 OF CERTIFICATE OF SURVEY NO.
17238 (RECORDS OF FLATHEAD COUNTY, MONTANA); AND TRACT 1 OF
a, CERTIFICATE OF SURVEY NO. 22772 (RECORDS OF FLATHEAD COUNTY,
MONTANA); CONTAINING 94.426 ACRES; SUBJECT TO AND TOGETHER WITH
ALL APPURTENANT EASEMENTS OF RECORD, IN ACCORDANCE WITH THE
p KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Flathead Broadcasting, LLC, Gardner Investments, LLC (Gardner) and Douglas
and Gay Anderson Revocable Living Trust (Trust), the owners of the properties
described above, petitioned the City of Kalispell that the zoning classification
attached to the above described tracts of land be zoned B-5, Industrial -Business on
approximately 6.5 acres of land and R-3, Residential, on approximately 30.8 acres
of land with a Planned Unit Development overlay to be known as
Gardner/Anderson Ranch PUD; and
WHEREAS, approximately 57.1 acres that were previously annexed as B-5/PUD Placeholder
lying between United Drive and Lower Valley Road are also included in the
petition; and
WHEREAS, the properties are currently zoned with a Placeholder PUD as City B-5 on 57.1
acres, County I-IH, Light Industrial/Highway on 6.5 acres, and County SAG-5,
Suburban Agricultural on 30.8 acres; and
WHEREAS, the petition of Gardner and Trust was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-24-02, 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 Commission held a Public Hearing on the matter on
August 13, 2024, and recommended that a Planned Unit Development overlay be
attached to the total 94.4 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 properties, 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-24-02.
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 changing the
zoning classifications of the subject properties to B-5 and R-3 and
attaching the properties described above with a Planned Unit
Development overlay.
SECTION 2. The Planned Unit Development overlay proposed by Gardner and Trust
upon the real properties 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 future preliminary plat as approved by the city council.
2. Except as provided herein, the Planned Unit Development for Gardner/Anderson Ranch
does not allow any deviations from the zoning regulations or subdivision regulations
without additional review and approval.
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. Except for (a) the distribution and fulfillment center; and (b) the development/
redevelopment of properties along the east side of the existing United Drive subject to
road improvements, no additional development is allowed to occur in the PUD without
the appropriate additional submittals, reviews, and approvals, which may include, but
would not necessarily be limited to, annexation, zoning, PUD amendments, and
subdivision plats.
6. Any infrastructure necessary to support the distribution and fulfillment facility must be
installed in conjunction with its development (prior to certificate of occupancy)
regardless of the platting status of the property as a whole.
7. Signage shall be limited with common entrance signage (up to one at the entrance to the
PUD from Highway 93 that complies with the sign provisions of the zoning ordinance)
and monument signs elsewhere (i.e. one 6 feet tall and 36 square feet maximum sign per
lot, with none within 100 feet of the Highway 93 or Lower Valley rights -of -way in the
B-5 zone only). Otherwise, the provisions of the sign ordinance shall apply subject to
the condition regarding billboards.
All existing billboards within the PUD shall be removed prior to issuance of a certificate
of occupancy for the proposed distribution and fulfillment center or any other use to the
north of the existing United Drive, whichever occurs first.
9. Casinos are prohibited in the PUD unless designed to meet the standards in the zoning
ordinance for accessory casinos.
10. Under Section 27.20.050 of the zoning ordinance, a greenbelt is required for any `B"
zoned property bordering "R" zoned property. In addition, noise reduction between the
B-5 and R-3 zones shall be incorporated into the design of the B-5 properties to reduce
noise to 60 dBA at the property line.
11. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan for the PUD that meets
the requirements of the current city standards for design and construction. Prior to
certificate of occupancy for any property requiring service that is not part of a
subdivision, a certification shall be submitted to the public works department stating that
the drainage plan for the PUD has been installed as designed and approved unless
adequate on -site facilities are provided.
12. Any storm water ponds shall be designed in a way that they become a visual interest to
the development. Chain link fencing surrounding ponds 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.
13. 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.
14. 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.
15. 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.
16. 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 for any property requiring service that is
not part of a subdivision, 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.
17. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior
to final plat or, for any lot not created with a subdivision, the certificate of occupancy for
the property.
18. United Drive is designated as a future collector (a major collector south of the east -west
major collector street intersecting with the highway and a minor collector from that point
to Lower Valley). In conjunction with the development of the distribution and fulfillment
center, United Drive shall be extended to the north to the proposed east -west collector,
with that road then extending to the highway. The full street profile for both of those
segments will need to be installed prior to the certificate of occupancy for the center.
Under street naming rules, the extension of United Drive would carry the street name and
the segment running west -east from the highway shall be renamed.
19. The existing United Drive within the PUD shall be improved to a major collector standard
to the extent possible given the existing road and surrounding development. The road
shall be improved by designating the road as "no parking" and with a full
sidewalk/boulevard (10-foot path) profile on the western side of the road adjacent to
properties that are not in the PUD. The improvements shall extend to the southern
extreme of the PUD. The improvements shall be installed in conjunction with any platting
or development in the B-5 area to the north of the existing United Drive other than the
distribution and fulfillment center, or with any development/redevelopment on the east
side of United Drive, whichever occurs first. This segment of United Drive shall be a
private street.
20. Internal to the PUD, there would be an east -west major collector street extending from
the intersection at the proposed traffic signal on the highway to Demersville Road. The
segment of the collector from United Drive to Highway 93 South shall be completed
prior to certificate of occupancy for the distribution and fulfillment center.
21. All mitigation recommended as part of an approved traffic impact study shall be
completed (Based on recommendations from a third -party review, additional analysis
will be necessary as further development occurs, and it would be anticipated that the
additional analysis would generally occur in conjunction with future subdivision plats).
All improvements shall be reviewed and approved by the Public Works Department. Per
the city Standards for Design and Construction, the development shall maintain or
improve the existing level of service for the affected roadways rather than simply
maintaining an acceptable level of service. Improvements necessary to maintain the
existing level of service will be required.
22. The TIS specified a traffic signal at the new approach onto Highway 93 South along with
northbound and southbound left turn lanes that will eventually need to be constructed.
To mitigate the impact of the signal, the full movement at the northern United Drive
intersection with the highway should become a restricted access with either a 1/4
movement or right -in -right -out only. The restricted movement shall be installed when
the signal is installed if required by MDT.
23. A separate TIS was submitted specific to the distribution and fulfillment center. That
TIS will be reviewed as part of the building permit and site review processes. Whether
as part of the PUD, subdivisions, or building permit, the level of service shall be
maintained or improved and any necessary improvements to accomplish that shall be
implemented.
24. A property owners' association shall be formed and established to provide for the
maintenance of the common areas and facilities, including, but not necessarily limited to,
storm water, streets, parks and open space.
25. The Kalispell Fire Department shall approve fire access, placement of the fire hydrants
and fire flows within the PUD.
26. The Parks and Recreation Director shall approve a landscape plan for the placement of
trees and landscaping materials within the landscape boulevards of the streets and
common area in the PUD.
27. All utilities shall be installed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for
Design and Construction.
28. 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 SEPTEMBER, 2024.
Mark Johns n
Mayor
ATTEST:
Aim e Brunckhorst, CMC
City Clerk