1. Section 36 - Planned Unit Development AmendmentTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity ,centurytel.net
REPORT TO:
Kalispell Mayor and City Council
FROM:
Thomas R. Jentz, Director
Chris A. Kukulski, City Manager
SUBJECT
Proposed Amendments to Spring Prairie PUD
MEETING DATE:
November 17, 2003 work session
BACKGROUND:
Goldberg Properties, Inc. are requesting approximately 18 amendments to the Spring
Prairie PUD agreement to accommodate their proposed 29-lot commercial
development called Spring Prairie Center to be located on the northeast corner of
Section 36. Section 5.01 of the PUD agreement states that all proposed
amendments to the PUD agreement are to be submitted to the Kalispell Site Review
Committee for review. Those changes that are considered minor are to be addressed
directly by site review. Any changes of significance are to be forwarded directly to
the City Council for action.
By way of background, a neighborhood plan (Section 36 Neighborhood Plan) was
approved for the entire School Trust Section in 1999. This neighborhood plan
designated areas of the State School Section for various proposed uses including the
136-acre City recreation site for Kids Sports, the mixed commercial POD (under
discussion with this project), the mixed professional POD in the northwest portion of
the section and a Residential POD in the southwest portion of this section. Shortly
after adoption by the City, the neighborhood plan was the subject of a state MEPA
(Montana Environmental Policy Act) review and assessment which further refined
the neighborhood plan. This was required as the neighborhood plan was considered
a significant State action..
In December 2001, Section. 36 was annexed and a PUD overlay (Spring Prairie PUD)
was approved by the City of Kalispell for Section. 36 which developed the zoning and
design standards in compliance with the neighborhood plan.
This past spring, DNRC held a design competition for the purpose of soliciting a
developer to undertake Phase 1 of the Spring Prairie development. Goldberg
Properties, Inc. was the successful bidder and is now under contract with the DNRC
to develop Phase 1 which is called the Spring Prairie Center. The Kalispell Planning
Board will hold a public hearing on this subdivision on November 12th. Their
recommendations will be forwarded to you for final action, along with the PUD
amendments discussed here, at the December 1st Council meeting.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Spring Prairie PUD Amendments - KPUD-03-1 Memo
November 17, 2003
Page 2
The PUD agreement was written in 2001 without an actual "developer" at hand.
Now, in light of an actual project, the developers of this first phase have identified a
series of amendments to the PUD, 18 in all. The attached report reviews all 18
amendments for your convenience. 13 of the amendments are considered minor in
nature. They address clarifications of wording or oversights in language and are
included for your information. The remaining 5 are considered "significant" and
therefore are presented for your action.
RECOMMENDATION: Staff will present the amendments for clarification and discussion
as summarized in KPUD-03-1. A hearing will then be scheduled for the regular December
1, 2003 Council meeting on this matter.
Respectfully Submitted,
Thomas R. Jentz
Director
Report compiled: November 12, 2003
c: Theresa White, Kalispell City Clerk
f �E
�a
Chris A. Kukulski
City Manager
Attachments: Staff report KPUD-03-1 and application materials
TRANSMIT\ KALISPEL\200 3 \KPUD--03-lMEMO
SPRING PRAIRIE PUD
TRI-PLANNING OFFICE
PUD AMENDMENT REPORT #KPUD-03-1
NOVEMBER 12, 2003
A report to the Kalispell City Council regarding a request for a series of amendments to the
approved PUD Agreement for Spring Prairie. A public hearing on this matter has been
scheduled before the Kalispell City Council for December 1, 2003 beginning at 7.00 PM in
the Kalispell City Council Chambers.
BACKGROUND
A. Applicant: Gary Elerman
SEM Architects, INC
677 South Colorado Boulevard, Suite 200
Denver, CO 80246
(303) 220-8900
Developer/Lessor:
Development Manager:
Grant Nelson
Goldberg Properties, Inc.
1120 Lincoln Street Suite 903
Denver, CO 80203
(303) 759-8000
Don Lawhead
Western Project Services
5881 South Sherman Way
Centennial, CO 80121
(303) 794-6252
Owner: David Greer
Dept. of State Lands
2250 Highway 93 North
Kalispell, MT 59901
B. Location: The PUD Agreement applies to all lands within Section 36, Township
29N, Range 22 West, PMM, Flathead County, Montana. The focus of the
amendments will relate to the Commercial POD located in the northeast quarter of
Section 36. The site has approximately 1/2 mile of frontage along US 93 and is
generally described as lying in the E2 of the NE4 of
C. Nature of the Request: SEM Architects and Goldberg Properties, Inc. are
requesting approximately 18 amendments to the Spring Prairie PUD agreement to
accommodate a proposed 29-lot commercial development called Spring Prairie
Center to be located on the northeast corner of Section 36. Section 5.01 of the
PUD agreement states that all proposed amendments to the PUD agreement are to
be submitted to the Kalispell Site Review Committee for review. Those changes that
are considered minor are to be addressed directly by site review. Any changes of
significance are to be forwarded directly to the City Council for action.
#KPUD-o3-1
Page 1 of 7
By way of background, a neighborhood plan (Section 36 Neighborhood Plan) was
approved for the entire School Trust Section in 1999. This neighborhood plan
designated areas of the State School Section for various proposed uses including the
136 acre City recreation site for Kids Sports, the mixed commercial POD (under
discussion with this project), the mixed professional POD in the northwest portion of
the section and a Residential POD in the southwest portion of this section. Shortly
after adoption by the City, the neighborhood plan was the subject of a state MEPA
(Montana Environmental Policy Act) review and assessment which further refined
the neighborhood plan. This was required as the neighborhood plan was considered
a significant State action.
In December 2001, Section 36 was annexed and a PUD overlay (Spring Prairie PUD)
was approved by the City of Kalispell for Section 36 which developed the zoning and
design standards in compliance with the neighborhood plan.
This past spring, DNRC held a design competition for the purpose of soliciting a
developer to undertake Phase 1 of the Spring Prairie development. Goldberg
Properties, Inc. was the successful bidder and is now under contract with the DNRC
to develop phase 1 which is called the Spring Prairie Center. The Kalispell Planning
Board will hold a public hearing on this subdivision on November 12. Their
recommendations will be forwarded to you for final action, along with the PUD
amendments discussed here, at the December I Council meeting.
The PUD agreement was written in 2001 without an actual "developer" at hand.
Now, in light of an actual project, the developers of this first phase have identified a
series of amendments to the PUD, 18 in all. The attached report reviews all 18
amendments for your convenience. 13 of the amendments are considered minor in
nature. They address clarifications of wording or oversights in language and are
included for your information. The remaining 5 are considered "significant" and
therefore are presented for your action.
D. Relation to Growth Policy Map: The Section 36 neighborhood plan was adopted as
an addendum to the Kalispell Growth policy. The neighborhood plan designates the
subject area of these amendments as Commercial/Retail. The Spring Prairie PUD
was adopted as the implementing tool of the neighborhood plan. The PUD designates
the site as a Mixed Commercial PUD based on a B-5 zone classification. The original
PUD was adopted in compliance with the neighborhood plan. All amendments
would likewise need to be in general compliance with and conformance to the
Neighborhood plan.
STAFF REVIEW
MAJOR CHMNGES
Following are 5 major or substantive amendments to the PUD Agreement as determined by
the Kalispell Site Review Committee. After each AMENDMENT follows the applicant's
request. The requested amendments by will be presented followed by staff discussion and
then a staff recommendation. The reference following each amendment is the reference
number from the Spring Prairie 2001 PUD ordinance. Those areas in bold would be new
language, those areas crossed out would be stricken language from the PUD. The 5 major
amendments requested are as follows:
#KPUD-03-1
Page 2 of 7
AMENDMENT 1 (Additional approach onto US 93)
2.01E(1)a: General access to his the commercial district beginning at West Reserve
Drive and ending Y2 mile south along 4em U.S. Highway 93 shall be limited
to no more than -2 3 approaches. Additional approaches south of the
aforementioned area shall also be allowed as approve by the access
permitting agency. New approaches onto Reserve Drive, Stillwater Road,
and Four Mile Drive shall generally be limited to a minimum spacing distance
of 1,300 feet or as otherwise authorized by the access permitting agency.
Discussion: The original PUD only allowed 2 approaches onto US 93 for the
commercial POD which contains 1/2 mile of US 93 frontage. This limited
access was a design issue that was promoted by DNRC to prohibit individual
access and reduce the number of major accesses onto this Highway. This
design standard was crafted without a specific project at hand and before the
Mountain View Plaza PUD on the east side of US 93 was developed. Prior to
the approval of any access onto US 93, MDT will require a traffic study
completed by a traffic engineer showing whether the approach is warranted.
In addition, MDT prior to approving the permit will require the applicant to
build the approach to the design as identified in the traffic study. Site review
determined that after reviewing the site design proposed for Spring Prairie
Center and based on the Mountain View Plaza access project to the east, a
third access may be viable.
Recommendation: Site review recommended to approve the change in
wording above to allow the third access with the understanding that MDT will
have final determination as to whether the permit is issued or not and that
the applicant will be required to develop the intersection per the findings of
the traffic study.
AMENDMENT 2 (Allow height to increase to 60 feet plus)
2.01E(3)a: Buildings should not exceed 35 feet above the natur-ail final grade in the
Mixed Residential POD and 40 60 feet in the Mixed Commercial and Mixed
Professional PODS; such height limitation may be exceeded as necessary
to allow any use allowed in the B-5 zone district to be constructed.
Discussion: The original height limitation. of 40 feet was suggested by the
DNRC. The existing B-5 zone that this PUD is based on does allow a
maximum permitted height of 40 feet and with a conditional use permit up to
60 feet. Because of the level of review undertaken to date and the lack of
immediately adjacent neighbors, staff would support the Mixed Commercial
height to be extended to 60 feet but not allow an automatic increase above 60
feet. Staff would limit this to the mixed commercial and not allow it in the
mixed professional.
Recommendation: Amend the above section as follows:
2.01E(3)a: Buildings should not exceed 35 feet above the natal final
grade in the Mixed Residential POD, 40 feet in the Mixed
Professional POD and 40 60 feet in the Mixed Commercial POD;
y be exeeeded as necessary
WKPUD-03-1
Page 3 of 7
AMENDMENT 3 (Relax sign construction material, increase sign allocation, allow 3 free
standing signs)
2.Ole(3)D 8v E: Ground and wall signs may be used to identify a single use lease lot or
multiple uses within common lot/lease area. Ground signs shall have
natural earth tones and not een-tain-any be fabricated primarily of exterior
plastic, Plexiglas or similar eempenents, materials. The ground sign sha4l nof
may have internal lighting or sign mounted external lighting. Shielded
lighting may be provided from ground -mounted fixtures directed towards the
sign face. Ground signs may have a concrete or similar mounting base but in
no situation shall the total height of the sign exceed 8 28 feet above grade.
Allowable signage area is subject to the provisions of the Kalispell zoning
ordinance but shall not exceed a total ground sign area of 460 200 square
feet. Wall signs may have internal lighting and shall not exceed a sign face
area of 80 square feet as provided in the City of Kalispell Zoning
Ordinance.
Discussion: This amendment involves three separate issues. 1) Materials
that signs are to be constructed of, 2) the size and number of free standing
signs, and 3) the size and location of building mounted signs.
The PUD sign standards are more restrictive than the city sign code. The
primary purpose by DNRC was to create a development with superior design
which showed well visually from the major public streets. The applicants for
this phase have presented alternative design concepts that, in their minds,
serve the purpose as well without being unduly restricted. The applicants
have been very clear that they would like to be treated by the city in similar
fashion, in terms of signage to the tenants in the Mountain View Plaza project
to the east.
1) Sign materials. The applicants are requesting to be able to use some
degree of plastic or Plexiglas and utilize exterior lighting. Staff feels that
quality design will always triumph over a list of required building
materials. At time of building permit issuance, staff will have an
opportunity to review the signage proposals. Therefore staff does support
the modifications to design as submitted by the developer.
2) Size and number of free standing signs. This has become a significant
issue with the applicant. The applicants state that the ability of allowing
major tenants to have their own freestanding signs is key to marketing.
The current PUD allows free standing monument signs not to exceed 8
feet in height and 160 square feet based on nearness to R/W. The
applicants are now requesting to approach free standing and monument
signs from a different direction. They have 1/2 mile of Highway 93 frontage.
They have 3 major phases and are anticipating 3 major tenants. They
would like to have a free standing sign for each major tenant. Their
proposal is to have 3 major free standing sign, similar in size to the Home
Depot sign. across US 93 (at 30 feet back from the R/W it would be 24 feet
high and be 120 square feet in sign area.) The signs would contain
#KPUD-03-1
Page 4 of 7
significant architecture, be rock faced and only carry the name of the
anchor. No other tenants would advertise on the monument signs.
Secondly, there would be no other monument signs on the site. All other
tenants would advertise on their own building. Staff supports this
concept except that 2 major tenants' signs appear to be appropriate
instead of the three. The home depot site was allowed to have 2 major
free standing signs, in comparison, however, the Mountain View Plaza
site also is allowed to put up 6 foot high monument signs.
3) Size and location of building mounted signs. The current PUD limits
building sign to SO square feet. This is generally suitable for technology
and professional office signage, but is somewhat lost on 140,000 square
foot buildings set back 300 feet from the highway. Staff would concur
that a more reasonable approach would be to utilize what was allowed on
the buildings across on the Mountain View Plaza Site with reference to
the Kalispell Sign Code.
Recommendation:
2.Ole(3)D & E: Ground and wall signs as limited below may be used to identify a
single use lease lot or multiple uses within common lot/lease area. Ground
signs shall have natural earth tones and not eentain any be fabricated
primarily of exterior plastic, Plexiglas or similar event materials. The
ground sign shall not may have internal lighting or sign mounted external
lighting. Shielded lighting may be provided from ground -mounted fixtures
directed towards the sign face. Ground signs may have a concrete or similar
mounting base but in no situation shall the total height of the sign exceed S
the size and height standards for free standing signs as specified in
27.24.080 of the Kalispell Zoning ordinance. In addition, there shall be
no more than a total of 2 free standing ground signs, one for phase one
and one for phase 2. The signs shall be constructed as presented in
exhibit and shall only advertise the name of the primary tenant of
the phase and the name of the development. Allowable
subjeet to the provisions of the Kalispell zeiaitag ad in- an e Fe �_ at shall n
exceed a tat-aJgr-e:�andsign —area —of 160 sWare feet. Wall signs may have
internal lighting and shall not exceed a sign face area of 880 squafe feei as
provided in the City of Kalispell Zoning Ordinance.
Amendment 4 (Allow major tenants to be within 150 feet of US 93 as opposed to 300 feet)
2.01E(3)i: Commercial buildings or combination of buildings on a single lease lot
exceeding 60,000 sq. ft. total gross floor area (where no sub -lots have been
established) shall be set back a minimum distance of 3-00 150 feet from U.S.
Highway 93.
Discussion: This condition was originally submitted by DNRC as part of the
PUD. The intent was to move larger buildings further back on the site.
Generally, the 300 foot standard was a safe arbitrary figure that accomplished
this task. Note that it matches the design of the Mountain Plaza to the east
(Target, Home Depot). DNRC now has a proposed development scheme and
their developer has identified several limitations with this standard and is
asking for flexibility to encourage good design. The 300 foot standard only
#KPUD-o3-1
Page 5 of 7
applies to major tenants over 60,000 square feet. The first tenant in , Lowe's,
will comply with this stand. However, the major tenant on Phase 2 may have
a different footprint than Lowe's and may need to adjust their building
accordingly. The 300 foot setback will limit options. Finally, phase 3 under
the power lines and has a by-pass to the north and east and a BPA power
easement overhead. Site development is very limited. There is
reasonableness in the request. The question is, how far should the setback
be relaxed and should any additional site design be encouraged as the
buildings move closer to US 93. Staff would support allowing the setback to
be reduced to 225 feet outright and anything between 150 and 225 feet to
provide some form of mitigation such as additional landscape features,
unproved architecture, public plaza, etc.
Recommendation:
2.OlE(3)i: Commercial buildings or combination of buildings on a single lease lot
exceeding 60,000 sq. ft. total gross floor area (where no sub -lots have been
established) shall be set back a minimum distance of 3W 250 feet from U.S.
Highway 93. Such buildings may be allowed to be setback from 150 - 225
feet from US 93 where it can be shown to the city that there will be a
public benefit from improved architecture, landscaping features, public
plaza, etc. over and above what is normally required under this PUD.
Amendment 5 (Allow incidental gaming and allow uses not specifically listed but similar)
2.02B B The mixed Commercial POD is limited to the following permitted
uses;
15) Restaurant (deli, bakery, fast food, sit-down, beverage shop,
drive through, etc) and incidental casino use. Incidental casino use.
20) Other uses not specifically listed that are similar to,
generally compatible and associated with the commercial retail
development.
Discussion:
15) Incidental casino use -- The applicants are interested in soliciting
major restaurants into the Kalispell market. Major restaurants typically
require a full liquor license. The price of a full liquor license was recently
quoted at $450,000. This makes it economically difficult to justify without
some form of gaming associated with it. Consequently, these uses go
elsewhere. In the B-5 zone, which this PUD is based on, a full casino is
anticipated by issuance of a conditional use permit. At the request of DNRC
staff full casinos were not allowed. The primary motivating factor involved
maintaining a high degree of design in this area as an entrance corridor into
Kalispell. There is now discussion that an incidental casino use could be
acceptable if the use was truly incidental. Staff would point out that if the
major restaurants are to come into this market, they will be operating
somewhere, either in the city or county. It would appear appropriate to
encourage them to locate in areas where commercial activity is already
focused. The incidental nature of the use needs to be expanded such that it
#KPUD-o3-1
Page 6 of 7
would generally make them invisible to the traveling public and incidental to
the inside user.
20) Request to use a catch all term - and other similar uses. Staff supports
this with revised language to reflect our existing zoning ordinance. It is
impossible to name all the possible uses that could occur in a zone. Staff
language covers this intent and adds statements that will prohibit those uses
specifically prohibited elsewhere in the PUD.
Recommendation:
2.02B B The mixed Commercial POD is limited to the following permitted
uses;
15) Restaurant (deli, bakery, fast food, sit-down, beverage shop,
drive through, etc) and incidental casino use. Incidental casino use.
Incidental casino use is limited to 5% of the gross floor space of a
fully bonifide, free-standing restaurant facility (as opposed to a gas
station--restaurant-casino arrangement for example). The casino
floor plan must be visually separate from the primary use of the
building as a restaurant. There can be no outside indication of a
casino or gaming activity including signage in a window, on the
building or the premise and no excessive lighting or attraction to
indicate such a use. This includes but not limited to reference to
words or symbols associated with the gaming industry such as
gambling, gaming, poker, chance, casino, live betting, daily take or
pot, card game, dice, $, etc.
20) Other use which are so like the listed uses in purpose,
function, character and effect to be substantially similar to the
listed uses. (Excluding those otherwise conditioned or prohibited
by this PUD agreement).
#KPUD-o3-1
Page 7 of 7
Architects Inc
October 6, 2003
Mr. Tom Jentz, Planning Director
City of Kalispell
17 Second Street East
Suite 211
Kalispell, MT 59901
Re: Spring Prairie Center
Proposed PUD Amendments
Dear Tom:
We are pleased to submit herewith the proposed Amendments to the Spring Prairie PUD,
These Amendments are being submitted with the permission of David Greer from the
Montana Department of Natural Resources and Conservation, and a copy is also being
forwarded to hire for his review and approval.
For your ease in reviewing the proposed modifications, we have provided the existing
language and also included the additions and deletions in bolded text or strike -through
text. Below each section, we have provided an explanation why we believe the proposed
language modifications are justified.
We look forward to your formal written response upon the completion of your review.
Until then, should you have any questions or concerns regarding these issues, please call.
Sincerely,
SEM Architects Inc
GVy.mann, AIA, NCARB
Principal
Cc: David Greer, Montana Department of Natural Resources and Conservation
Grant Nelson, Goldberg Properties, Inc.
Don Lawhead, Western Project Services, Inc.
Brian Jumps, Lowe Felt & Skogg, LLC
UTROJECTStSpring Prairie CeaterTUD\Submittai Letter to Jentz 10-6-03.doc
677 South Coiorado Boulevard - Suite 200 - Denver Colorado 30246 . (303) 220-8900 e (303) 220-0708 Fax
SPRING PRAIRIE CENTER PUD
Proposed Amendment Revisions
October 6, 2003
LEGEND: Plain text is the text of the current Spring Prairie PUD Document
Bolded text represents proposed additions to the PUD Document
Italicized text identifies the justification for the proposed revisions
I DEFINITIONS
j ntOR- 1.22 "Applicant" shall mean any party assigned by the DNRC that has
--�--- been provided development rights by DNRC for any portion of the
Subject Property. Applicants shall be granted all appropriate and
necessary rights to allow Applicant to obtain approvals for and
construction of such property designated by DNRC.
EXPLANATION.•
A distinction is needed between the definition of "Developer"
(representing the DNRC as master developer over the entire Spring
Prairie Center) and other developers (who may develop only a portion of
the entire Spring Prairie Center). The additional definition of
"Applicant" (referring to other developers such as Goldberg Properties,
Inc.) identifies the distinction that is necessary since the PUD identifies
certain performance requirements that may differ between the
"Developer" and the "Applicant."
2.01E(I)a: General access to 94i& the commercial district beginning at West
Reserve Drive and ending'/2 mile south 4ovA U.S. Highway 93 shall be
limited to no more than 2 3 approaches. Additional approaches south of
the aforementioned area shall also be allowed as approved by the
access permitting agency. New approaches onto Reserve Drive,
Stillwater Road, and Four Mile Drive shall generally be limited to a
minimum spacing distance of 1,300 feet or as otherwise authorized by the
access permitting agency;
EXPLANATION.•
The property being developed by the Applicant, Goldberg Properties, Inc.
is the property that fronts Highway 93 from West Reserve Drive on the
north to the north property of the DNRC facility. There are three access
points needed in this area to make the commercial project viable. These
include a full movement signalized intersection at Spring Prairie Road, a
full movement signalized intersection at the South Road and a full
movement or 3f movement access between the two signals. The proposed
Proposed Amendments to the Spring Prairie Center PUD
October 6, 2003
Page 2
language clarifies how many access points are allowed over what portion
of the one mile long frontage on Highway 93.
M11\1oR 2.01 E(2)c: Parking lots serving multiple businesses where the area for parking
spaces exceeds a lineal length or width of 270 feet shall include internal
landscape islands having minimum dimension of 9 feet by 18 at a r.a Q 0
providing 1 island for every 4. 20 contiguous parking spaces
when such spaces are located internal to the parking lot (not abutting the
perimeter boundary to the parking lot or store front),
EXPLANATION:
A run of twenty parking spaces is generally I80'-0" which works well with
parking lot lighting paterns that are spaced at an intervals of 60'-0 ". It
also provides a bit more flexibility in site planning. For example, if we
have a run of 34 parking spaces, we would rather split them into to runs of
17 each with one larger landscaped island than splitting them into three
runs with two landscaped islands. The intent of reducing parking lots into
smaller courts remains intact.
/,A I NOR 2.01E(2)e: Sidewalks or pathways shall connect developed properties to 4La
from roadside sidewalks (see 1 e, above) to building entrances in a
continuous manner. Sidewalks and enhanced pavement will count
against the required landscaped area.
EXPLANATION:
The intent of the proposed language is to encourage enhanced sidewalk
treatments at speck gathering areas, or to provide a higher quality level
of pedestrian pathways throughout the development.
N n 2.01E(2)h: Landscaped beds and parking lot landscaping islands shall be
mulched with either naturally decomposing materials (bark) or small
gravel mulch (1"-3" rounded river rock mulch is not encouraged). In
high traffic area, an urban design approach to islands (concrete with
trees in grates or patterned/colored concrete type designs) is
encouraged but not required.
EXPLANATION. -
At the request of The City of Kalispell, the proposed added language
clarifies the quality of landscaped beds in parking lot islands.
DC' fZ 2.01 E(;)a: Buildings should not exceed 35 feet above dal final grade in
the Mixed Residential POD and 40 60 feet in the Mixed Commercial and
Mixed Professional PODS; such height limitation may be exceeded as
Proposed Amendments to the Spring prairie Center PUD
October 6, 2003
Page 3
necessary to allow any use allowed in the B-5 Zone District to be
constructed.
FANOW90WRATA
Extending the height limitation to 60'-0" provides far a three story office
building with a rooftop mechanical screen (15'-0"X 3 = 45'-0" + roof
screen) or a four story hotel with a roof structure (12 '-0 " X 4 = + roof
structure). The proposed language also provides for any allowed use to
be incorporated into the Spring Prairie Center without undue restrictions,
yet still subject to review by the Architectural Control Committee.
MI IVOR 2.01E(3)c: Buildings 4aU may have an orientation towards the internal road
system,
EXPLANATION:
The major roadway the Spring Prairie Center addresses is US Highway
93. Most retailers, if not all, will want thher front doors and associated
signage to face the road providing the most exposure to the public at
large. The proposed language provides the flexibility to allow either
orientation depending on what is most appropriate given any particular
user/building
M'A' 0 R 2.01E(3)d and e: Ground and wall signs may be used to identify a single use
lease lot or multiple uses within a common lot/lease area. Ground signs
shall have natural earth tones and not GopAaka ani, be fabricated
primarily of exterior plastic, Plexiglas, or similar rQ;npwe�s materials.
The ground sign shall not may have internal lighting or sign -mounted
external lighting. Sheilded lighting may be provided from ground -
mounted fixtures directed towards the sign face. Ground signs may have a
concrete or similar mounting base but in no situation shall the total height
of the sign exceed 9 28 feet above grade. Allowable signage area is
subject to the provisions of the Kalispell Zoning Ordinance but shall not
exceed a total ground sign area of 440 200 square feet. Wall signs may
have internal lighting and shall not exceed a sign face area of SQ &+aar
€sex as provided in the City of Kalispell Zoning Ordinance.
EXPLANATION.
In order to fairly compete with other retail sites either in the City of
Kalispell or in Flathead County, the retailers of Spring Prairie Center
require the same signage allocation in height and area as other retailers.
This allowance does not require larger signs but it does allow for them
should they be necessary. Tastefully designed monument signs that are
internally illuminated are appropriate, and they typically incorporate
Proposed Amendments to the Spring Prairie Center PUD
October 6, 2003
Page 4
plexiglass in their letter signage. In order to alleviate concerns over the
quality of the signs being proposed by the Applicant, a Master Sign
Program will be prepared that illustrates the application of the tenant
signage in accordance with the City of Kalispell Zoning Ordinance.
1 N°tL 101E(3)f: The exterior appearance of commercial buildings with "backs"
facing, adjacent, and visible from Highway 93 shall contain architectural
elements found on the "front" portions of the buildings. Walls and surface
planes should be broken up in such a manner as to create a visual interest,
avoiding monotony. Notwithstanding anything contained herein to the
contrary, facades that do not have frontage exposure to US Highway
93 should have appropriate elements that create visual interest.
EXPLANATION:
Certain buildings with rigid programmatic requirements, such as a
restaurant with drive through services, may be limited in site orientation
related to access. In such an event, the restaurant may face to an
orientation other than US Highway 93. In this event, the rear of the
building will be appropriately screened and enhanced landscaping will be
provided to mitigate undesireable views. The Spring Prairie Center
Architectural Control Committee shall take the responsibility to review
this situation on a case -by -case basis, allowing for such an event by
requiring design screening enhancements.
�A 2.OIE(3)i: Commercial buildings or combination of buildings on a single
lease lot exceeding 60,000 sq. ft. total gross floor area (where no sub -lots
have been established) shall be set back a minimum distance of JL9150
feet from U.S. Highway 93.
EXPLANATION.•
Relaxing the distance of a building setback requirement for a large anchor
tenant provides the flexibility to rotate an anchor store 90 degrees from
US Highway 93 to face another direction, such as an internal public
roadway. This allows, where appropriate, an anchor to break a long line
of retail fronts, an effective means of providing interest in a site plan. This
flexibility also allows a retailer to fit on a site that is otherwise too narrow
or encumbered by easements, roadways or other planning restrictions. In
such an event, the anchor would still be set back a reasonable distance
from the highway to allow for a smaller parking area and the required
landscaped buffers.
(`ham 2.01(F): Covenants: Draft covenants are attached as Exhibit F. Prior to
construction of any building improvements or concurrent with subdivision
Proposed Amendments to the Spring Prairie Center PUD
October 6, 2003
Page 5
review, final covenants shall be completed and recorded. The City shall
review the covenants for consistency with this PUD Agreement and shall
revise the covenants as necessary to comply with the conditions of
approval of the PUD. Notwithstanding the foregoing, the Applicant
may prepare their own separate Easements, Covenants, Conditions
and Restrictions (ECC & R's) between the DNRC and the Applicant.
EXPLANATION:
The ECC & R's prepared by the Applicant may include very specific
requirements stipulated by the various tenants with a project that the
Applicant shall require be included in the ECC & R's.
IIARI to 2 2.02B B) The mixed Commercial POD is limited to the following
permitted uses.
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Automobile service (fuel, wash, mechanical repair, tires, etc)
3) Barber & beauty services, massage parlor, etc)
4) Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons,
educational research or incubator facilities, etc.)
6) Financial services and institutions (banks, credit unions, mortgage
companies, savings & loans, etc)
7) Healthcare (medical offices/clinics, dental/orthodontic, in-
patient/outpatient facilities, pharmacies, diagnostic services and
treatment, etc)
8) Office, professional./governmental
9) Park, private or public (may include open space, trails, passive or
developed facilities, etc)
10) Public assembly buildings (assembly halls, coliseums, statiums,
convention center, etc)
11) Public or quasi public buildings/structures (fire/law enforcement
stations, community/homeowner facilities, water tower, electrical
distribution/stations lines, telephone relay equipment, etc)
12) Radio/television broadcast stations, internet companies, etc.
13) Recreational facilities, outdoor/indoor, private/public or quasi -
public, commercial/non-commercial (tennis courts, bowling alley,
golf course, ice skating arenas, ball fields, swimming pool, zoo,
amusement park, community center gym, health/fitness club,
driving range, etc)
Proposed Amendments to the Spring Prairie Center PUD
October 6, 2003
Page 6
14) Research, technical, or business parks (nay include indoor
assembly of parts, limited outdoor storage, product distribution )
15) Restaurant (deli, bakery, fast food, sit-down, beverage shop, drive -
through, etc)
16) Retail facilities/enterprises (clothing, convenience, food, sporting,
book, office products, drug, computer, phone, hardware, tire,
plumbing, electrical, furniture, art, household, gifts, mall,
warehouse discount, etc)
17) Tourist accommodations (motels, hotels, bed & breakfast,
campground, recreational vehicle park, etc)
18) Veterinary services and facilities
19) Worship buildings (churches, synagogues, etc)
20) Other uses not specifically listed that are similar to, generally
compatible with and associated with commercial retail
development.
EXPLANATION.,
The proposed additional language allows for any reasonable retail related
uses that are appropriate to commercial development that have not been
previously contemplated or inadvertently omitted.
1M i No R 2.02H DNRC or Applicant shall require all proposed uses developments and
buildings to be subject to architectural review in accordance with a
separate Agreement between the DNRC and the Applicant. All
structures shall conform to the relevant City of Kalispell Building
Department regulations. Architectural consistency between building types
within each POD is desired. (Since development of this property is likely
to expand over several decades and styles change, some flexibility in
design is desirable and expected.) The covenants establish architectural
review authority for all proposed uses.
EXPLANATION. -
The proposed language allows the Applicant to provide a complete set of
Architectural and Design Guidelines for the projects proposed by the
Applicant that allows the Applicant to govern the projects in a self-
controlled manner (without the unnecessary oversight of the DNRC).
Nevertheless, the DNRC is included as a member of the Architectural
Control Committee to ensure that the vision of the DNRC is expressed for
each project within the Spring Prairie Center.
2.02H(5)b: 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
Proposed Amendments to the Spring Prairie Center PUD
October 6, 2003
Page 7
and visual interest. Facades greater than 120 feet in length Miu-st�
shall have variation and interest in the wall.
EXPLANATION:
We agree that "large, rectangular masses should be avoided",
particularly long straight walls typical to major retail anchors, but only if
there is not mitigation of such by some other means. A very densely and
appropriately landscaped wall will tend to become background
architecture and is much more appealing than a wall with "applied" (but
nonetheless functionally meaningless) architectural components. Our
approach is to allow the Architectural Control Committee to work with an
individual user to determine exposed walls where featured architecture
should be incorporated versus generally unexposed walls where other
visual mitigation measures are more appropriate.
/W NotZ 2.02H(5)d: All residential roofs must be pitched. Commercial roofs may be
pitched or flat. Brightly colored roof material is prohibited as are
reflective metals. All rooftop mechanical systems shall be shielded from
view from 5'-0" above the ground plane of US Highway 93 as seen at a
90 degree angle or incorporated into architectural features. Roof design
shall incorporate architectural relief if building foot print size is greater
than 20,000 square feet.
EXPLANATION:
At the request of The City of Kalispell, this proposed language clarifies
that from the pedestrian and vehicular view point from Highway 93, no
rooftop mechanical units shall be visible.
WIVOJ:� 2.02H(5)f. Franchise architecture i,& may be subject to modification to achieve
the sign, color, and building style objectives set forth by this Agreement.
Colors and materials of franchise architecture shall be similar to or
compatible with the materials and colors of Spring Prairie Center as
identified in a separate Agreement between the DNRC and the
Applicant.
EXPLANATION:
It is often difficult, if not impossible, to get a retailer whose branding
identity is expressed through a specific architectural package, to modify
such, particularly when it is governed by functional requirements.
Therefore, it may be entirely appropriate to allow for such a user provided
the building incorporates appropriate site design, building materials and
colors, signage, screening and enhanced landscaping at the discretion of
the Architectural Review Committee.
Proposed Amendments to the Spring Prairie Center PUS
October 6, 2003
Wage 8
/111 N n 2.02H(5)g: Architectural elements of the Front of the building ghau may be
incorporated into the back of buildings when the back of the building is
visually accessible from U.S. Highway 93.
.EXPLANATION:
The proposed language clarifies the "architectural elements " that apply
to four sided architectural conditions such as pad buildings on US
Highway 93, but avoids undesirable "applique " type architectural
elements. Refer also to the responses for Items 2.02H(5)b and 2.02H(5)f
above.
I Mao- 3.02C: DNRC or its assigns or Applicant will obtain all required access permits
from the Montana Department of Transportation and/or Flathead County
Road Department and CITY prior to development of any land uses that
require access to a particular public road.
EXPLANATION,
The proposed language allows any Applicant who has a legal right over
any portion of the subject property to obtain approval for access or
roadway circulation appropriate to their development from the access
permitting agency, such as the Montana Department of Transportation.
For example, we require the right to pursue the intermediate access on US
Highway 93 between Spring Prairie Road and the South Road.
l�semsrv2%gellermann$IPROIECTS\Spring Prairie Center\PUDlRecornmended Revisions\ I 0-6-03.doc
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ORDINANCE NO. 1404
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT ON CERTAIN REAL
PROPERTY OWNED BY THE DEPARTMENT OF NATURAL RESOURCES AND
CONSERVATION (DNRC) KNOWN AS SECTION 36.
HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS
FOLLOWS:
SECTION I. That the Planned Unit Development proposed by
the Department of Natural Resources and Conservation, upon the
real property described in Exhibit "A", attached hereto,
incorporated herein., and thereby made a part hereof, is hereby
approved, subject to the following conditions:
1. That the development of the site shall be in substantial
compliance with the Section. 36 Neighborhood Plan as
amended through the MEPA process, the Development
Agreement, application, the site plan and conditions for
the PUD as approved by the City Council.
2. The proposed development areas within the site shall be
substantially the same as indicated on the preliminary
site plan submitted with the application or as modified
by these conditions.
3. That the plans and specifications for water, sewer,
drainage and grading shall be designed and installed in
It accordance with the Kalispell Design and Construction
0 Standards and shall be subject to review and approval by
the Kalispell Public Works Department at the time of
subdivision review.
ITJ
4. The fire access and suppression system shall be reviewed
and approved by the Kalispell Fire Department for
compliance with the Uniform Fire Code.
5. A plan shall be developed and in place that addresses the
grading, revegetation, irrigation and maintenance of the
undeveloped areas that creates a weed free, dust -free
area until such time as that phase is fully developed.
6. That the necessary easements be obtained for the
extension of water and sewer services to the site.
7. That a traffic impact study be completed which identify
all expected traffic impacts and proposals for
mitigation, and that appropriate approach permits be
obtained from the Montana Department of Transportation
and the City of Kalispell at the time development occurs.
8. That pedestrian walkways be provided as the site develops
that provides a continuous and connected system with the
existing walkways along Highway 93, Four Pile Drive and
within the developed areas of the site.
9. That the uses allowed within the Development shall not
include those which require areas for the display of
large merchandise such as new and used automobile sales,
manufactured home sales, recreational vehicle sales and
lumberyards. This would not preclude incidental events
associated with the other businesses on the site.
10. That the phasing and timing of the Development shall
occur as proposed. Bonding for the proposed
infrastructure and improvements or other acceptable means
of insuring that the improvements will be completed as
proposed shall be provided by the Developer at the time
of subdivision review.
11. The developer and City of Kalispell shall execute a
Development Agreement based on terms and conditions
included in the Planned Unit Development.
SECTION II. 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 3RD DAY OF DECEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
Exhibit A
That portion of Section 36, Township 29 North, Range 22 West, Principal
Meridian, Flathead County, Montana described as follows:
The Southwest 1/4, the Northwest 1/4 and that portion of the Northeast 1/4 lying
westerly of the westerly right-of-way line of U.S. Highway No. 93 as shown on
Federal Aid Project Nos. F 5-3(32)115 and F 5-3(24)115, excepting therefrom the
Southwest 1/4 of the Southwest 1/4 of the Northwest 114 and the Northwest 1/4 of
the Northwest 114 of the Southwest 1/4 all in Section 36, Township 29 North,
Range 22 West, containing 454.4 Acres of Land, more or less.
SPRING PRAIRIE
PLANNED UNIT DEVELOPMENT
PANTIES AND PURPOSE: This Agreement made and entered into this, � day
0f,J22001 is by and between State of Montana Department of Natural Resources
& Conservation (hereinafter "DNRC"), with its office and principal place of business located
at 2250 Highway 93 North; and the City of Kalispell, a municipal corporation (hereinafter
"City") with its office and principal place of business located at 312 - 1st Avenue East,
Kalispell, Montana 59901:
WITNESSETH:
WHEREAS, The State of Montana Departmentof Natural Resources & Conservation
is the owner of certain real property located in Flathead County, Montana, which is further
described in Exhibit "A" attached hereto and made a part hereof, and which hereinafter is
referred to as the "Subject Property"; and,
WHEREAS, The Subject Property is subject to a request for annexation and initial
zoning; and,
WHEREAS, DNRC is desirous of applying a Planned Unit Development (PUD)
overlay to city zoning classifications; and,
WHEREAS, In order to allowthe PUD, assure the installation of Infrastructure within
the "Subject Property", permit connections to the CITY utility systems, and prescribe the
permitted uses within the requested zoning areas, the parties hereto determine it is to be
in their best interests to enter into this Planned Unit Development Agreement; and,
WHEREAS, (i) Use and development of the property is subject to the provisions of
the Section 36 Neighborhood Plan, jointly adopted by the City of Kalispell and Board of
County Commissioners in 1999; (ii) the adopted plan is further subject to an environmental
impact statement performed under the Montana Environmental Policy Act; (iii) and further
subject to the Record Of Decision (ROD) which establishes additional parameters to
development and (iv) a Memorandum Of Understanding (MOU) establishes policy for
taxation, local review of projects, and other development considerations; and,
WHEREAS, DNRC is requesting annexation of the property into the City of Kalispell
with City of Kalispell Zoning classifications of B-5 to be applied to the Mixed Commercial
POD, R-5 to the Mixed Professional POD, and R-4 to the Mixed Residential POD; and,
WHEREAS, It is desirous by DNRC to further restrict the allowances of these City
of Kalispell Zoning classifications to the property and to provide additional standards for
development consistent with the Plan by applying a PUD overlay to the underlying zoning
classifications.
- i -
1. DEFINITIONS
1.01 Agreement shall mean this Planned Unit Development Agreement between DNRC,
and CITY.
1.02 Building Department shall mean the Building Department of the City of Kalispell.
1.03 CITY shall mean the City of Kalispell, Montana.
1.04 City Council shall mean the City Council of the City of Kalispell, Montana.
1.05 Developer shall mean DNRC, its agents, designees and assigns.
1.06 Director of Public Works shall mean the Director of Public Works of the City of
Kalispell, Montana.
1.07 Easement(s) means the Easement(s) described in §3.04 of this Agreement.
1.08 Section 36 Plan means the Neighborhood plan approved by the City of Kalispell and
Board of Flathead County Commissioners and as amended by the Record of Decision
issued by DNRC on August 11 , 2001, all pertaining to the School Trust Lands located in
Section 36, T29N-R22VV, Flathead County Montana.
1.09 Mixed Commercial means that portion of the Subject Property generally lying in the
NE'/4 of Section 36 and as more particularly described in Exhibit B.
1.10 Mixed Professional means that portion of the Subject Property lying generally in the
NW '/ of Section 36 and as more particularly described in Exhibit C.
1.11 Mixed Residential means that portion of the Subject Property lying generally in the
SW'/ of Section 36 and as more particularly described in Exhibit D.
1.12 Sports Fields means that portion of the property generally located in the SE 1/A of
Section 36 and already zoned P-1 and previously annexed into the City of Kalispell.
1.13 Subject Property or Subject Area means the real property described in Exhibit A.
1.14 Memorandum of Understanding means a 3-party agreement entered into by
DNRC, City of Kalispell, and Board of Flathead County Commissioners dated April 19,
2001.
1.15 Final Environmental Impact Statement means a document released as a Final
Environmental Impact Statement (FEIS) by DNRC on July 26, 2001 relative to proposed
actions associated with school trust lands located in Section 36, Township 29 N, Range 22
W, P.M.M., Flathead County Montana.
- 2 -
1.16 Record of Decision means a decision document issued by DNRC on August 11,
2001, that identifies selective alternatives related to a land use plan for Section 36 and a
proposal to lease land in section 36 to construct a business and technology park.
1.17 Substantial Completion shall mean that substantially all of the work to be performed
in the development shall have been performed and the Infrastructure constructed in each
Phase are usable for their intended purposes, as certified by the Director of Public Works
and the Building Department, which certification shall not be unreasonably withheld or
delayed.
1,18 Infrastructure means all water, sewer and storm drainage systems that will be
dedicated to the public and have been installed in accordance with the Montana Public
Works Standard Specifications and the City of Kalispell Standards for Design and
Construction. In addition, Infrastructure shall include roads that are designed and
constructed in accordance with the Montana Public Works Standards for Design and
Construction. Said Infrastructure shall consist of various public utilities and dedicated
streets. The Infrastructure required to serve developed facilities and to provide connection
to future phases of development will be identified concurrent with subdivision review.
Notwithstanding any of the foregoing, excluded from these terms are: building construction,
parking lot paving; final landscaping in and around the buildings and parking lot(s); lighting;
signage; and the service lines to each building.
1.19 Section 36 means land owned by the State of Montana as School Trust Lands
(Section 36, T 29 N, R 22 W, P.M.M., Flathead County Montana) and administered by the
DNRC and as more precisely described by Exhibit A.
1.20 School Trust Lands mean lands granted to the state of Montana by the Enabling Act
of February 22,1889 (and subsequent acts) for support of the common schools.
1.21 DNRC means State of Montana/Department of Natural Resources and Conservation.
11. GENERAL DEVELOPMENT AND USE OF THE SUBJECT PROPERTY
2.01 Development Overview
(A) Subject to the other provisions of this Agreement, any use development of the
Subject Property occurring after the effective date of this Agreement shall substantially
conform to and comply with the provisions of the PUD Kalispell Zoning of Section 36 and
this Agreement with the documents and drawings annexed hereto.
(B) It is agreed between the parties, that the development of the Subject Property
will include the following:
- 3 -
(1) A land use map, which identifies three land use pods and a
proposed alignment of internal collector roads to be built in
phases as development occurs (Exhibit E);
(2) A list of permitted uses associated with each land use pod;
(3) A phasing schedule of development;
(4) ❑escription of Infrastructure as described in the FEIS for use
in planning and bonding purposes;
(5) Annexation of the Subject property into the city limits of
Kalispell;
(6) Extension of city water and sewer services by DNRC or its
assigns to serve the developed facilities of the Subject
Property;
(7) Adherence to the Memorandum of Understanding jointly
approved by the City of Kalispell, Flathead County, and DNRC;
and
(8) Compliance with the PUD zoning regulations and City of
Kalispell Subdivision regulations.
(C) Development themes for each Land Use POD being annexed into the City of
Kalispell are as follows:
(1) Mixed Commercial: a district providing a variety of commercial
industries are appropriate and where community design to
minimize the appearance of strip commercial development is
desirable, including restriction of allowable uses as might
otherwise be permitted or conditionally permitted in the S-5
City of Kalispell zoning classification. Strip -type uses
characterized by substantial outdoor storage and display of
products, such as car lots and equipment and trailer sales are
specifically excluded. Also specifically excluded as permitted
uses are gaming/gambling establishments of any kind,
including casinos. The range of permitted uses is intended to
permit a variety of uses associated with the retail, professional
services, or technology industries but does not necessarily limit
or restrict opportunities for continued agricultural operations or
practices. However, technology uses are given priority
consideration.
(2) Mixed Professional: a district providing opportunities for
development of offices, office parks, and compatible uses in a
fashion that promotes clustering of uses and architectural
control, including but not limited to all uses set forth in Kalispell
Zoning Ordinance Classification R-5 and as otherwise modified
by this Agreement. The phasing limitations anticipated by the
Section 36 Neighborhood Plan would be modified to encourage
- 4 -
development of schools and a resource agency office park in
this POD.
(3) Mixed Residential: a district providing opportunities for
development of residential uses, offices, and other compatible
uses in a fashion that promotes clustering of uses and
architectural control, including but not limited to all uses set
forth in Kalispell Zoning Ordinance Classification R-4 and as
otherwise modified by this Agreement. A land exchange
process will be encouraged to facilitate opportunities for private
ownership and development of this POD. The phasing
limitations anticipated by the Section 36 Neighborhood Plan
would be modified to encourage development of schools in this
POD.
(D) The creation of individual lots (or lease lots) will be subject to subdivision review
concurrent with specific project proposals. Subdivision approval will verify compliance with
the provisions of the PUD Agreement and covenants and identify requirements for
extension of utility services. Bonding requirements to guarantee completion of the required
infrastructure (roads, water, sewer, etc) will be accomplished via the subdivision approval
process. The Infrastructure requirements as described in the 1=EiS may be referenced by
the City in fixing any conditions for subdivision approval. Infrastructure improvements shall
accommodate the needs of future development within each POD, such as planning for
road, water, and sewer extensions beyond the immediate project area.
(E) General performance standards applicable to the Subject property are as
follows:
(1) Transportation and Parking
a. General access to this district from U.S. Highway 93
shall be limited to no more than 2 approaches. New
approaches onto Reserve Drive, Stillwater Road, and Four Mile
Drive shall generally be limited to a minimum spacing distance
of 1,300 feet or as otherwise authorized by the access
permitting agency;
b. All uses shall have direct access from the internal
road system. No direct access to a particular use shall be
permitted from the Highway or the other perimeter public roads
as listed in la, above;
c. The collector road system shall be as generally
shown by Exhibit E and as more precisely aligned by
- 5 -
subsequent engineering analysis, use patterns, and subdivision
review;
d. All roadway improvements shall be built in
accordance with city of Kalispell road design standards;
e. Roadway design shall include provisions for
landscape boulevards and sidewalks. A bike and pedestrian
path system shall generally follow the internal collector road
system with outlet connections to path systems external to the
property, including connection to the proposed Meridian/ Four
Mile Drive bike path;
f. Lighting shall be shielded and directed downward;
and,
g. Parking space requirements and general parking lot
design shall be guided by the parking and loading provisions of
the City of Kalispell Zoning Regulations, except as noted
herein. Parking lots in the Mixed Commercial and Mixed
Professional PODS may extend to within 5 feet of any lease lot
boundary, provided a 5 foot wide exterior landscape buffer
adjoins the extended parking lot. In locations where the parking
lot adjoins a landscaped common area, no setback from the
lotllease boundary is required.
(2) Landscaping
a. Landscaping, to include lawn, shrubs, trees, and/or
rock gardens, shall comprise all open spaces within the
boundaries of the parent lease lot, Parking lots may extend to
within 5 feet of any lot/lease lot boundary.
b. Buildings in the Mixed Commercial and Mixed
Professional PODS shall be set back a minimum of 20 feet
from the side, front, side corner, and rear of the parent (not
sublots) lot/lease lines.
c. Parking lots serving multiple businesses where the
area for parking spaces exceeds a lineal length or width of 270
feet shall include internal landscape islands having minimum
dimensions of 9 feet by 18 feet at a ratio of I island for every 15
continuous parking spaces when such spaces are located
internal to the parking lot (not abutting the perimeter boundary
to the parking lot or store front);
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d. A landscape boulevard having a minimum width of 4
feet shall parallel both sides of the collector roads shown on
the neighborhood plan map. Street trees acceptable to the City
of Kalispell shall be planted at 40 to 50 foot intervals as
appropriate.
e. Sidewalks or pathways shall connect developed
properties to the roadside sidewalks (see 1 e, above);
f. All landscaped areas shall be irrigated and routinely
maintained by Developer or its assigns; and
g. An irrigated landscape corridor of at least 20 feet in
width shall parallel the right of way of U.S. Highway 93
adjacent to the commercial POD. The corridor should include
undulating topography and have a mix of tree plantings with a
ground cover of predominately lawn. A similar landscape
common corridor, 10 feet in width shall parallel West Reserve
Drive and be completed in phases to correspond with
development activity.
3. Building and [lease] Lot Parameters
a. Buildings should not exceed 35 feet above natural
grade in the Mixed Residential POD and 40 feet in the Mixed
Commercial and Mixed Professional PODS.
b. Applied finishes of buildings shall be predominately
earth tone;
c. Buildings shall have an orientation towards the
internal road system;
d. Ground and wall signs may be used to identify a
single use lease lot or multiple uses within a common lot/lease
area. Ground signs shaft have natural earth tones and not
contain any exterior plastic, plexiglass, or similar components.
The ground sign shall not have internal lighting or sign -
mounted external lighting. Shielded lighting may be provided
from ground -mounted fixtures directed towards the sign face.
Ground signs may have a concrete or similar mounting base
but in no situation shall the total height of the sign exceed 8
feet. Allowable signage area is subject to the provisions of the
Kalispell Zoning Ordinance but shall not exceed a total ground
- 7 --
sign area ofl60 sq ft. Wall signs may have internal lighting and
shall not exceed a sign face area of 80 sq ft.;
e. In situations involving a commercial or office town
home, condominium or sublot design, only the parent lot is
eligible for a common ground sign. Individual uses are eligible
for a wall sign if the use has outside frontage. A common wall
sign may be appropriate to identify a building having multiple
tenants. A common signage plan that involves other types of
building signage, such as canopy signage, may be permitted
subject to the review and approval of the City of Kalispell Site
Development Review Committee. Residential uses shall be
permitted signage as otherwise permitted by the City of
Kalispell zoning regulations. All other provisions of the Kalispell
sign regulations shall apply subject to the restrictions set forth
herein;
f. The exterior appearance of commercial buildings with
"backs" facing, adjacent, and visible from Highway 93 shall
contain architectural elements found on the "front" portions of
the buildings. Walls and surface planes should be broken up in
such a manner as to create a visual interest, avoiding
monotony;
g. Lease lots with single or multiple buildings shall have
sufficient area to accommodate the size of the proposed
building(s) and required on -site parking plus sufficient area for
landscaping exterior to the building and parking lot (see 2a &
2b, above);
h. A single lease lot may contain buildings with multiple
tenants and/or uses or be comprised of multiple attached or
detached buildings. In such situations, landscaping, parking,
and internal access shall be common to all buildings within the
lease lot; and
i. Commercial buildings or combination of buildings on
a single lease lot exceeding 60,000 sq ft total gross floor area
(where no sublots have been established) shall be set back a
minimum distance of 300 feet from U.S. Highway 93.
4. Extension of Services
a. All required services shall be underground; and
- 8 -
b. Annexation and provision of city services shall be
subject to the approval of the City of Kalispell.
5. Growth Management
a. Development of property shall conform to the general
provisions of the neighborhood plan consistent with Section
27.22.120, KZO.
b. Phase I (Exhibit B) is the Mixed Commercial Pod.
i. Clustering of uses is preferred to
encourage sharing of roads, parking, utilities,
and common design. However, separation of
uses, such as "large" from "small" or
"commercial" from "industrial" may be
appropriate within the Commercial POD.
il. Development design is intended to
avoid a "strip„ commercial appearance with
specific exclusion of certain uses.
iii. The area of the Mixed Commercial
POD will be extended to include the entire NE %
of Section 30 and the extended area will be held
as a reserve area for expansion of technology
uses beyond the original POD area as described
by Exhibit B-1.
iv. That portion of the Mixed Commercial
POD lying southerly of the by-pass alignment will
offer leases primarily to business (offices) and
technology uses and compatible commercial
uses, such as small retail convenience uses
(delis, restaurants, copy shop, "wired" motel,
etc). Retail stores exceeding 10,000 square feet
per store front will not be permitted. No retail will
be permitted until at least 20,000 square feet of
non -retail space is leased and operating within
the POD.
v. Expansion of business and technology
uses into the expansion area will not be
permitted until at least 60% of the originally -sized
- 9 -
Mixed Commercial POD is leased for
development.
vi. If business and technology uses fail to
achieve a 40,000 square foot floor area leasing
threshold within 5 years following execution of
this agreement, or if the proposed business and
technology park as proposed by Hampstead
Partners fails to proceed within 2 years following
the execution of this agreement , then the
original Mixed Commercial and Mixed
Professional boundaries (Exhibit B) shall be
restored and the retail restrictions removed to
permit all the uses listed in Section 2.02 of this
Agreement. The City agrees that if the proposed
business and technology park, as proposed by
Hampstead Partners fails to proceed within 1
year following the execution of this agreement, it
shall provide marketing assistance to the
Developer to achieve the goals set forth above.
vii. If business and technology uses fail to
achieve a 120,000 square feet floor area
threshold within 10 years following the execution
of this agreement , then the boundaries of the
original Mixed Commercial POD (Exhibit B) shall
be restored and the retail restrictions removed to
permit all the uses listed in Section 2.02 of this
Agreement.
c. Phase 11 (Exhibit C) is the Mixed Professional POD.
i. Clustering of uses is preferred to
encourage sharing of roads, parking, utilities,
common design, and to prevent a scattered
development pattern within the POD.
ii. Infill of developed uses, with some
exceptions, such as schools, agricultural
facilities, and equestrian facilities, shall be from
east to west. The "Section 36 Neighborhood Plan
Map" also designates an area along Stillwater
Road that is excluded from nonagricultural
development until the year 2010. Schools and a
natural resource agency campus may build at
- 10 -
any time within the Mixed Professional POD,
including the deferred development area.
iii. Development of non-agricultural uses
shall be restricted to no more than 20% of this
POD until at least 50% of the Mixed Commercial
POD (Exhibit B) is leased for development.
School, agency campus, and equestrian facilities
may be permitted at any time and are not subject
to the 20% calculation.
iv. That portion of the NE 114 of Section
36 lying within the Mixed Professional POD may
be added to the area of the Mixed Commercial
POD as described in (b) above. The amended
legal description of the Mixed Commercial POD
is described in Exhibit C-1. The infill pattern of
the Mixed Professional POD would need to
reflect this reserve area for the future expansion
of the Mixed Commercial POD.
d. Phase III is the Mixed Residential POD.
i. Clustering of uses is preferred to
encourage sharing of roads, parking, utilities,
common design, and to prevent a scattered
development pattern within the POD.
il. Infill of developed uses, with some
exceptions, such as schools, agricultural
facilities, and equestrian facilities, shall be from
south to north or from east to west. The "Section
36 Neighborhood Plan Map" also designates an
area along Stillwater Road that is excluded from
non-agricultural development until the year 2010.
Schools may build at any time within the Mixed
Residential POD, including the deferred
development area.
iii. Development of non-residential and
nonagricultural uses shall be restricted to no
more than 20% of this POD until at least 50% of
the Mixed Professional POD is leased for
development or 50% of this POD is occupied by
residential uses, whichever comes first. This
limitation does not apply to public facilities.
6. Supplementary Regulations
a. Accessory uses shall be permitted as appropriate to
a particular use and as generally set forth in Section 27.22.020
et sect, KZO. Subsections 2a and 2b of that section of the KZO
shall generally apply to residential uses within any portion of
Section 36. Subsections 2d and 2e, KZO, would apply as
appropriate to non-residential uses in any portion of Section
36.
b. The greenbelt provisions of Section 27.22.050 shall
be interpreted and applied concurrent with subdivision review.
c. If a single lot/lease lot contains buildings with
multiple tenants and/or uses or is comprised of multiple
attached or detached buildings, landscaping, parking, and
internal access shall be common to all buildings within the lot.
This provision shall not apply to lots approved for single family
dwellings.
d. The creation of sublots (including for purposes of
leasing ) may be appropriate in situations involving residential,
commercial, office, and industrial uses.
e. All other provisions of the Chapter 27.22 of the City
of Kalispell Zoning Regulations shall apply-
(F) Covenants: Draft covenants are attached as Exhibit F. Prior to construction of
any building improvements or concurrent with subdivision review, final covenants shall be
completed and recorded. The City shall review the covenants for consistency with this PUD
Agreement and shall revise the covenants as necessary to comply with the conditions of
approval of the PUD.
2.02 Uses
(A) The uses allowed in the PUD shall be those uses generally allowed under the
following zoning classifications and as otherwise limited herein:
1) Mixed Commercial POD — Zoning Classification B-5
2) Mixed Professional POD — Zoning Classification R-5
3) Mixed Residential POD — Zoning Classification R-4
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(B) The Mixed Commercial POD is limited to the following permitted uses.
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Automobile service (fuel, wash, mechanical repair, tires, etc)
3) Barber & beauty services, massage parlor, etc
4) Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons,
educational research or incubator facilities, etc)
6) Financial services and institutions (banks, credit unions,
mortgage companies, savings & loans, etc)
7) Healthcare (medical offices/clinics, dental/orthodontic, in-
patient/outpatient facilities, pharmacies, diagnostic services
and treatment, etc)
8) Office, professional/governmental
9) Park, private or public (may include open space, trails, passive
or developed facilities, etc)
10) Public assembly buildings (assembly halls, coliseums,
stadiums, convention center, etc)
11) Public or quasi public buildings/structures (fire/law enforcement
stations, community /homeowner facilities, water tower,
electrical distribution/stations lines, telephone relay equipment,
etc)
12) Radio/television broadcast stations, internet companies, etc
13) Recreational facilities, outdoor/indoor, privatelpublic or quasi -
public, commercial/non-commercial (tennis courts, bowling
alley, golf course, ice skating arenas, ball fields, swimming
pool, zoo, amusement park, community center gym,
health/fitness club, driving range, etc)
14) Research, technical, or business parks (may include indoor
assembly of parts, limited outdoor storage, product distribution)
15) Restaurant (deli, bakery, fast food, sit-down, beverage shop,
drive -through, etc)
16) Retail facilities/enterprises (clothing, convenience, food,
sporting, book, office products, drug, computer, phone,
hardware, tire, plumbing, electrical, furniture, art, household,
gifts, mall, warehouse discount, etc)
17) Tourist accommodations (motels, hotels, bed & breakfast,
campground, recreational vehicle park, etc)
18) Veterinary services and facilities
19) Worship buildings (churches, synagogues, etc)
- 13 -
(C) The Mixed Professional POD is limited to the following permitted uses.
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Automobile convenience (fuel, wash, & convenience retail,
only, i.e. no mechanical service)
3) Barber & beauty services, massage parlor, etc
4) Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons,
educational research or incubator facilities, etc)
6) Financial services and institutions (banks, credit unions,
mortgage companies, savings & loans, etc)
7) Food/grocery store
8) Healthcare (medical offices/clinics, dental/orthodontic, in-
patientfoutpatient facilities, pharmacies, diagnostic services
and treatment, etc)
9) Office, professional/governmental
10) Park, private or public (may include open space, trails, passive
or developed facilities, etc)
11) Public or quasi public buildings/structures (fire/law enforcement
stations, community /homeowner facilities, water tower,
electrical distribution/stations lines, telephone relay equipment,
etc)
12) Radio/television broadcast stations, Internet companies, etc
13) Recreational facilities, outdoor/indoor, private/public or quasi -
public, commercial/non-commercial (tennis courts, bowling
alley, golf course, ice skating arenas, ball fields, swimming
pool, zoo, amusement park, community center gym,
health/fitness club, driving range, etc)
14) Restaurant (excludes food drive -up service but permits drive -
up beverage service and take and bake establishments and sit-
down facilities)
15) Retail enterprises less than 3000 square feet in gross floor
area (excludes tavern, gaming, or casino facilities/operations)
16) Veterinary services and facilities
17) Worship buildings (churches, synagogues, etc)
All other uses otherwise listed as permitted or conditionally permitted in the R-5
zoning classification may be considered only as conditionally permitted uses in the Mixed
Professional POD.
- 14 -
(D) The Mixed Residential POD is limited to the following permitted uses.
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Educational facilities (services/facilities for pre -K or K-12 only)
3) Office, professional/governmental
4) Park, private or public (may include open space, trails, passive
or developed facilities, etc)
5) Public or quasi public buildings/structures (fire/law enforcement
stations, community /homeowner facilities, water tower,
electrical distribution/stations lines, telephone relay equipment,
etc)
6) Recreational facilities (limited to non-commercial facilities)
7) Residential (day care or day care centers; dormitories or
fraternities (college); dwellings: single family; duplex; or multi-
family; manufactured home park (class "A" only); Nursing
homes and elder care; retirement home, etc)
8) Worship buildings (churches, synagogues, etc)
All other uses otherwise listed as permitted or conditionally permitted in the R-4
zoning classification may be considered as conditionally permitted uses in the Mixed
Residential POD.
(E) Property development standards for the Mixed Commercial POD
relative to (1) minimum lot area, (2) minimum lot width, (3) minimum yards,
(4) maximum building height, (5) permitted lot coverage, (6) off-street
parking, and (7) maximum fence height shall be consistent with Section
27.17.040, City of Kalispell Zoning Ordinance (KZO) unless otherwise
specified herein by the listed performance standards or by language within
the adopted neighborhood plan (see Section 27.22.120, KZO).
(E) Property development standards for the Mixed Professional POD
relative to (1) minimum lot area, (2) minimum lot width, (3) minimum yards,
(4) maximum building height, (5) permitted lot coverage, (6) off-street
parking, and (7) maximum fence height shall be consistent with Section
27.08.040, City of Kalispell Zoning Ordinance (KZO) unless otherwise
specified herein by the listed performance standards or by language within
the adopted neighborhood plan (see Section 27.22.120, KZO).
(G) Property development standards for the Mixed Residential POD
relative to (1) minimum lot area, (2) minimum lot width, (3) minimum yards,
(4) maximum building height, (5) permitted lot coverage, (6) off-street
parking, and (7) maximum fence height shall be consistent with Section
27.07.040, City of Kalispell Zoning Ordinance (KZO) unless otherwise
specified herein by the listed performance standards or by language within
the adopted neighborhood plan (see Section 27,22.120, KZO).
(H) DNRC shall require all proposed uses to be subject to
architectural review. All structures shall conform to the relevant City of
Kalispell Building Department regulations. Architectural consistency between
building types within each POD is desired. [Since development of this
property is likely to expand over several decades and styles change, some
flexibility in design is desirable and expected.] The covenants establish
architectural review authority for all proposed uses.
1) Landscape features are an important component of the
developed properties. Landscaping is intended to complement
the travel ways, parking lots, buildings; lots, and common
areas ( see 2.01 E (1), (2), and (3) of this Agreement).
2) Landscape materials shall be comprised of ornamental and
native plant species common to the general community.
Boulevard trees shall be consistent with the approved species
list of the City of Kalispell.
3) Exterior lighting along travel ways and parking lots should be
directed downward. Ornamental lighting along pathways and
parking lots is encouraged. Low intensity lighting (exterior) may
be appropriate to add architectural interest to certain features
of a building face or building signage. Lighting directed upward
to illuminate tree canopies or building overhangs may provide
attractive accents.
4) Signage on buildings is intended to be complimentary to the
building design and add architectural interest to the structure.
Common signage, including entrance signage, is intended to
be low profile and comprised of materials complimentary to the
building structures (see Section 2.01 E (3) of this Agreement).
5) Building design is an important consideration in helping to
define the quality of the built environment. Each land use POD
allows a mix of different land use types. Landscaping and
other common features will provide one form of community
linkage and identity. The other linkage will be building
architecture. In general terms, all commercial buildings should
seek to have architecturally enhanced facades and broken roof
and wall lines to minimize monotony of design. Expectations
of building design common to all land use types will include the
following components.
a. Exterior wall colors should harmonize
with the site and surrounding buildings. The pre-
dominate tone on building faces should tend
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toward warm earthy hues, whether in the natural
patina or weathered color of the wall surface
itself or the color of the paint stain or other
coating. The color of concrete products on
building faces should be not be achieved from
painting the surface. The use of materials such
as wood, brick or stone for trim material is
encouraged.
b. Large, rectangular masses should
be avoided by incorporating offsets in the wall
and roof. A change in the plain of the walls,
changing the direction or providing some variety
in the roof form gives diversity and visual
interest. Facades greater than 120 feet in length
must exhibit a prominent shift in the wall.
c. Commercial buildings (non-residential)
should place an emphasis on entry. 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.
d. All residential roofs must be pitched.
Commercial roofs may be pitched or flat.
Brightly colored roof material is prohibited as are
reflective metals. All roof mechanical systems
shall be shielded from view or incorporated into
architectural features. Roof design shall
incorporate architectural relief if building foot
print size is greater than 20,000 square feet.
e. Extensive use of windows is
encouraged to break up building planes or add
architectural interest to building facades or other
walls facing public view.
f. Franchise architecture is subject to
modification to achieve the sign, color, and
building style objectives set forth by this
Agreement.
g. Architectural elements of the front of
the building shall be incorporated into the back of
- 17 -
buildings when the back of the building is visually
accessible from U.S. Highway 93.
2.03 Ownership
The State of Montana may retain ownership of the Subject Property or leased
parcels for the development and use by third parties. This Agreement is binding on the
owners, successors and assigns inclusive of lessees of the property described in Exhibit
A attached hereto.
2.04 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Agreement and attached
drawings or the PUD Application of DNRC, the laws, rules, and regulations of the City of
Kalispell governing the use and development of land and buildings, including the Kalispell
Zoning Ordinance as it now exists or as amended, shall apply to the Subject Property,
2.05 Effectiveness
The provisions of this Agreement shall become effective simultaneously with
approval of the PUD Ordinance.
III, SITE CONDITIONS
3.01 Development
The Subject Property shall be developed in substantial compliance with the Section
36 Plan and as further described by the Record of Decision issued by DNRC on August
10, 2001 and as set forth in this Agreement.
3.02 Access
(A) Primary access to the Subject Property shall be as shown on the land
use map (Exhibit E) of the Plan.
(B) DNRC has completed a comprehensive traffic impact study, which
identifies all expected traffic impacts and proposals for mitigation.
(C) DNRC will obtain all required access permits from the Montana
Department of Transportation and/or Flathead County Road Department and
CITY prior to development of any uses that require access to a particular
public road.
(D) DNRC agrees to be responsible for all required traffic turn lanes, traffic
signals, and other regulatory signs and signals directly pertaining to ingress
- 18 -
and egress to and from U.S. Highway #93, West Reserve Drive, Stillwater
Road and Four Mile Drive indicated by the traffic study.
(E) All primary and secondary entrances shall be completed to CITY
standards prior to occupancy permits being issued for any site utilizing said
entrances for access.
(F) Emergency fire, ambulance, police and public vehicle access shall be at
all times available through said primary and secondary access without
impediment.
3.03 Internal Roadways and Sidewalks
(A) DNRC acknowledges that the development of the Subject Property
includes development, at DNRC's expense, of internal roadways providing
access to the lots within the PUD.
(B) DNRC agrees that the interior roadways within the PUD shall be
constructed to CITY standards with Curb, gutter, and sidewalks , in
accordance with the proposed Site drawings and applicable City Standards
for Design and Construction for local and collector streets. A paved
pedestrian/bike path will generally follow the collector roads .
(C) DNRC agrees that they will dedicate all internal streets and sidewalks to
the City of Kalispell upon completion.
3.04 Sewer and Water
(A) Sanitary sewer service to the Subject Area shall be accomplished by an
extension of the existing Municipal sewer system.
(B) Water service to the Subject Property shall be accomplished by
extension of the existing Municipal water system.
(C) If a well is used on the premises, it shall not in any way be connected to
the CITY water supply system without prior consent and approval by the City
of Kalispell.
(D) All sanitary sewer and water mains shall be designed and installed in
accordance with the City of Kalispell's Standards for Design and
Construction.
(E) All utility Infrastructure located within the subject Property shall be
dedicated to the public upon completion.
(F) DNRC agrees to obtain all necessary easements for the extension of
water and sewer to the Subject Property. In addition, DNRC will grant to
CITY any and all easements necessary for CITY to perform maintenance of
water and sewer lines installed pursuant to the Agreement.
(G) In the event that CITY requires installation of water and/or sewer lines
larger than those required to service the needs of DNRC as set forth in its
total Infrastrucure requirements delineated at the reference 2.01 (B)(4), then
CITY shall pay only those costs associated with the, increased utility main
sizing or extension.
(H) In no event shall this Agreement be construed as to require CITY to
complete installation of Infrastructure and other improvements on the Subject
Property, or on any portion thereof, during any phase of development of the
Subject Property.
(1) Following completion of installation of the sewer and water lines on the
Subject Property by DNRC, it is agreed that the said utility lines shall be
maintained by CITY in accordance with CITY maintenance policy and
standards. However, service lines to individual buildings on site shall remain
under private ownership and shall be privately maintained.
3.05 Storm Water
(A) Storm Water retention, drainage, and disposal shall be designed in
accordance with regulations of the CITY and the Montana Department of
Environmental Quality, and such other City, State and Federal "storm water
requirements" as are in existence and made applicable to the property at the
time of the construction of any improvement.
(B) Storm Water will not be retained, treated or discharged off -site.
3.06 Site Grading
(A)
Prior to commencement of site grading, DNRC agrees to obtain an Air
Quality Construction and Demolition Permit from the Director of Public works,
and to comply with the terms and conditions of said Permit during
construction including hauling of material to and from the site,
3.07 Fire Suppression
(A) Prior to the Building Department issuing any permit for any foundation
or building within the PUD, the Fire Chief for CITY must certify that DNRC
- 20 --
has supplied a fire site access plan for the Subject Property and an
engineered internal fire suppression system for the buildings to be
constructed on the Subject Property, which will be in accordance with the
Uniform Fire Code and will be acceptable to the Fire Chief.
(B) DNRC agrees to install hydrants, water mains, supply and storage units
in accordance with City of Kalispell Standards and to obtain approval thereof
prior to construction from the City of Kalispell Fire Chief.
3.08 Landscaping
(A) In addition to the performance standards related to landscaping,
subdivision review will consider the landscaping and common area features
of all proposed development.
(B) Street trees will be placed at 40-foot intervals along both sides of the
internal roadways except where they immediately abut a parking lot island or
planter or abut building fronts. Street trees are to be a minimum of 2 -'/4 inch
caliper at planting.
(C) Landscaping along Highway 93 and West Reserve Drive will include
street trees placed at 50-foot intervals, which are a minimum of 2-'/ inch
caliper at planting.
(D) The overall landscape plan shall be coordinated with the Kalispell Parks
and Recreation Director as to the exact size and location of the plantings and
the species lists. This plan shall be attached hereto as an addendum.
(E) All refuse areas shall be screened from public view.
IV. CITY SEWERIWATER CONNECTION FEES
4.01 Connection Fee Schedule
(A) Connection fees for connection to the CITY Water and Sewer utility will
be determined in accordance with City Standards and fee schedules for
connection fees, in effect at the time of the application for a building permit.
(B) DNRC, or its successors and assigns which own the property at the time
of applying for a Building Permit, shall pay the connection fees associated
with the utility connections at the time of obtaining the Building Permit for
each structure. This provision is to assure that the fees are paid at the time
of applying for a Building Permit and is not to be construed as to prohibit
DNRC from requiring reimbursement or advance payment of the cost from
any potential tenant or purchaser.
- 21 -
(C) DNRC may be entitled to reimbursement of a portion of the costs of
installation and extension of water and sewer utilities from future users who
connect to extended water and sewer facilities. If DNRC anticipates the need
for reimbursement of cost, DNRC's engineer shall prepare a preliminary
design and report that details the proposed facilities and the estimated
proposed reimbursable costs and will submit said design and report to the
CITY for review and concurrence in advance of construction. Costs shall be
recovered through a developer's extension agreement and will be subject to
the following conditions.
1) No reimbursement will be allows for any costs
associated with meeting the utility requirements for
development of the Subject Property. These costs shall be
determined by DNRC's engineer and shall be submitted for
review and concurrence by the Director of Public Works. Said
costs shall be the actual costs of construction, inclusive of
engineering and inspection costs, and shall be submitted as
specified within thirty (30) days of substantial completion of the
work.
2) No reimbursement will be allowed for any costs of
extension of water and sewer facilities, or increases in size
thereof, for which the CITY has agreed to provide
reimbursement as described elsewhere in this agreement.
3) Costs associated with extensions of water and sewer
facilities to future users shall be determined by DNRC's
engineer and shall be provided to the Director of Public Works
for review and concurrence that said costs are appropriate for
reimbursement. Said costs shall be the actual costs of
construction, inclusive of engineering and inspection costs, and
shall be submitted as specified within thirty (30) days of
substantial completion of the work.
4) A developer's extension agreement shall be
prepared by DNRC's engineer and submitted to the Director of
Public Works for review and concurrence. The agreement shall
identify the costs to be reimbursed, the properties benefitted by
the extended utilities, and the proportionate cost to be
reimbursed by each benefitted property upon connection to the
extended utilities. The agreement shall identify the
recommended method for apportioning reimbursable costs
between the benefitted properties. Said method shall be the
same for all properties. The term of this agreement shall not
exceed a period of seven (7) years.
- 22 -
5) Upon concurrence, the Director of Public Works shall
submit the proposed developer's extension agreement to the
Kalispell City Council for approval.
6) Future extensions by the CITY of utility facilities
covered by this PUD agreement shall not be subject to the cost
reimbursement outlined in this section.
V. AMENDMENT OR MODIFICATIONS OF AGREEMENT
5.01 Amendment or Modification Procedures
This Development Agreement may be amended or modified only by application of
DNRC, in accordance with the procedures set forth herein. Applications for amendment or
modification may be mane to the City of Kalispell Site Review Committee.
(A) Modifications of this agreement and the attachments hereto which are
deemed by said Site Review Committee to be miner modifications shall
require only the consent of the Site Review Committee and shall not require
the consent of the City Council or any other public agency.
(B) All amendments and modifications of this Agreement, other than minor
modifications, shall require the approval of the City Council.
(C) All applications for modifications or amendments of the Agreement shall
be filed with the Site Review Committee and the Site Review Committee shall
promptly, within 10 days, determine whether the modifications are major or
minor.
(D) The Site Review Committee shall make its determinations with respect
to any application for minor modifications subject to this Section within 15
days after it determines the application to be subject to said minor
modification.
(E) If the amendment or modification requested is of such a nature as to
require approval of the City Council, the Site Review Committee shall refer
the matter to the City Council within fifteen (15) days after it determines the
matter to require Council review.
(1=) DNRC may appeal the decision of the Site Review Committee to the
City Council, who may affirm, reverse or modify the site Review Committee
decision.
- 23 -
VI. MISCELLANEOUS
6.01 Severability
In the event that any provisions of this Agreement shall be deemed, decreed,
adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such
provision shall be sever able and the remainder of this Agreement shall continue to be of
full force and effect.
6,02 Recordation
This Agreement shall be recorded in the Office of the Flathead County Clerk and
Recorder.
6.03 Entire Agreement. Primacy
This Agreement and the attachments, exhibits, plans, and reports referenced herein
constitute the entire Agreement between the parties and may only be amended as set forth
herein. In the event during the term of this Agreement, there is a variance between the
provisions of this Agreement and any drawing or document submitted prior to execution of
this Agreement, this Agreement shall take precedence.
6.04 Integration
This Agreement, together with any attached exhibits and any addenda or
amendments signed by the parties, integrates all negotiations and previous agreements
between the parties and supercedes any other written or oral agreements or
representations between the parties. This Agreement can be modified only in writing,
signed by all parties hereto.
6.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective
parties, heirs, successors and assigns.
Dated this IL day ofEC3EZ, 2001.
DEPARTMENT OF NATURAL RESOURCES
Jon A. Dahlberg
Area Manager, Northwestern Land
- 24 -
CITY OF KALISPELL
By: _._.
Chris A. Kukulski
City Manager
STATE OF MONTANA )
) ss.
County of Flathead )
Attest:
Theresa White
City Clerk
4
On this � day o&2��,.,F e , 2001, before me the u dersigned, a Notary Public
for the State of Montana, personally appeare known to
me to be the authorized representative for the Department of N ral Resources, the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same on behalf of the-5bid eptity_ --� /-I
A 010 Pile,,," `
D Co
���; ;� +.• � ;ice
' `,, 0 R y
p!1 B
STA;'f-n;OP Q NTANA )
) ss.
County of Flathead }
NotarfPublic f&the_
Residing at
My Commission Expi
Montana
On this Aat-c -day of c,; 2001, before me the undersigned, a Notary Public
for the State of Montana, personally appeared Chris A. Kukulski, known to me to be the
City Manager for the City of Kalispell, and Theresa White, the City Clerk for the City of
Kalispell, the persons whose names are subscribed to the foregoing instrument and
acknowledged to me that they executed the same on behalf of the City of Kalispell.
L. Notary Public for the State of Montana^
tr �Residing atCZ
Q - t, My Commission Expires
25 -