Ordinance 1655 - Zoning - Cornerstone Community ChurchReturn to:
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ORDINANCE NO. 1655
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AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
{J REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOT IA, KALISPELL
cl} ADDITION NO. 15A LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3
(URBAN SINGLE FAMILY RESIDENTIAL)) TO CITY B-1(NEIGHBORHOOD BUFFER
C1 ' DISTRICT) WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
DATE.
Jr WHEREAS, the Cornerstone Community Church, the owner of the property described above,
T petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned B-1, Neighborhood Buffer District, with a Planned
Unit Development overlay on approximately 3 acres of land, and
WHEREAS, the property is located on the west side of Highway 93 at the intersection of Highway
93 and Northridge Drive, and
WHEREAS, the petition of the Cornerstone Community Church was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KZC-09-01/KPUD-
08-03, in which the Kalispell Planning Department evaluated the petition and
recommended that the property as described above be zoned B-1, Neighborhood
Buffer District with a Planned Unit Development overlay, pursuant to Kalispell City
Code*72.21.030(2)(b), and *should be 27.29.020
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on February
10, 2009, and recommended that the zoning be City B-1, Neighborhood Buffer
District with a Planned Unit Development overlay, pursuant to Kalispell City Code
*72.21.030(2)(b), and *should be 27..2f.030
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WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-1, Neighborhood Buffer District with a Planned Unit Development
overlay, the City Council finds such zoning to be consistent with the Kalispell
Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-
608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602,
the findings of fact of KPD as set forth in Staff Report No. #KZC-09-01/KPUD-08-
03.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as B-1, Neighborhood Buffer District with a
Planned Unit Development overlay on approximately 3 acres of land,
subject to the conditions attached as Exhibit "A".
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. 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 6TH DAY OF APRIL, 2009.
ATTEST:
Theresa White
City Clerk
M. Duane Larson
Council President
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EXHIBIT A
CORNERSTONE COMMUNITY CHURCH PUD
General Conditions:
The Planned Unit Development for Cornerstone Community Church allows the following
deviations from the Kalispell Zoning Ordinance:
A. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum side yard setback in
the B-1 zoning district)
Allow a zero side yard setback.
B. Kalispell Zoning Ordinance, Section 27.13.020(7) (Permitted uses within the B-1
zoning district)
Allow four drive -through lanes with an associated bank of up to 9,000 square feet with a
maximum footprint of 6,000 square feet.
C. Kalispell Zoning Ordinance, Section 27.13.040(3) (Rear yard setback of 20 feet)
Allow a reduced rear yard setback from 20 feet to 10 feet.
2. That the development of the site shall be in substantial compliance with the following plans,
materials and other specifications as well as any additional conditions associated with the
PUD as approved by the city council:
• Exhibit B — Zoning Diagram
• Exhibit D — Site Plan
• Exhibit E — Cross Sections
• Exhibit G — Signage and Lighting Plan
Note: Freestanding signs for the bank are prohibited.
Bank signage shall be limited to wall signs on the north, south and west
facing walls of the bank building.
• Elevations for the bank
3. Prior to issuance of a building permit for the bank the developer shall submit a detailed
landscape plan for the entire PUD site, with input from the Kalispell Architectural Review
Committee, to the Parks and Recreation Department for review and approval. The plan shall
include the following elements:
• Trees planted along Highway 93 shall be 30 feet on center and extend along the
buffer areas along the parking lot serving the church and the bank building. Tree
placements would still need to meet site distance requirements.
• The land between the right-in/right-out driveways along Highway 93 shall include
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grass sod.
Note: The Montana Department of Transportation must approve any landscaping
within its right-of-way.
The garbage enclosure along the western PUD site boundary shall include a fence or
wall on three sides and evergreen trees shall be planted to screen the west facing
fence or wall.
• Evergreen trees along the western zoning boundary of B-1 shall be a minimum of
three feet in height at the time of planting.
The approved landscaping plan shall be installed prior to issuance of a certificate of
occupancy for the bank building.
4. All maintenance of landscaping along Highway 93 and Northridge Drive shall include
landscaping on the property and within the adjacent right-of-ways to the back of curb or edge
of pavement.
5. Prior to issuance of a building permit the developer shall submit an overall stormwater report
which meets current city standards for the entire PUD development. The report shall be
reviewed and approved by the Public Works Department. The approved report shall be
installed prior to issuance of a certificate of occupancy for the bank.
6. Prior to aM excavation or earthwork, a City Stormwater Management Permit shall be
approved and issued from the Kalispell Public Works Department. In accordance with
Ordinance 1600, the permit shall include a permit application, site map, narrative describing
the best management practices to be used and a completed checklist. In addition to the City
Stormwater Management Permit the developer shall submit a copy of the State General
Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution
Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management Permit.
7. Prior to issuance of a building permit the applicant shall provide the planning department
with a properly drawn legal instrument to be recorded with the County Clerk and Recorder,
executed by the parties concerned for joint use of off-street parking facilities and approved as
to form and manner of execution by the City Attorney.
8. Permitted and conditional uses within the B-1 zoning district shall be restricted to that
portion of the property zoned B-1 to avoid encroachment of business uses on the land shown
as remaining R-3 on Exhibit B of the application.
9. A development agreement shall be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site. The development
agreement shall be submitted with the building permit for the bank.
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10. Approval of the planned unit development (PUD) shall be valid for a period of two years
from the date of approval with the possibility of a one-year extension to be granted by the
city council. Within this time, the developers shall obtain the necessary permits and
approvals to complete the improvements as shown on the approved PUD site plan.
11. The 25 parking spaces, along Highway 93, between the highway and church shall be signed
"Church Parking Only" to prohibited bank parking on these spaces. The "Church Parking
Only" signs shall be installed prior to the issuance of a certificate of occupancy for the bank.
The number of signs, their size and location shall be reviewed and approved by the planning
department prior to installation.
12. The applicants shall install a "stop sign" on the outbound lane of the "y" intersection onto US
93 to stop cars before the bike trail and a "pedestrian yield sign" on the inbound lane of the
"y" intersection on US 93 before the pedestrian trail to alert drivers of pedestrians on the bike
trail.
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