#2 Spring Prairie PUD Amendment (2003)AN ORDINANCE AUTHORIZING/; ADOPTING AN AMENDMENTTO TH
PRAIRIEDEVELOPER'S AGREEMENT FOR THE PLANNED UNIT DEVELOPMENT FO
SPRING
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS:
SECTION I. That the Spring Prairie Planned Unit Development, approved on December 3,
2001, shall be, upon execution by the landowner, amended as follows:
2.01E(1)a: General access to the commercial district beginning at West Reserve Drive and
ending %2 mile south along U.S. Highway 93 shall be limited to no more than 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.
2.01 E(3)a: Buildings should not exceed 35 feet above the final grade in the Mixed Residential
POD, 40 feet in the Mixed Professional POD and 45 feet in the Mixed Commercial
POD. Such height limitation may be exceeded in the mixed commercial POD by
issuance of a conditional use permit.
2.01 e(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 be fabricated primarily of exterior plastic, Plexiglas or similar
materials. The ground sign 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 the size and height
standards for freestanding signs as specified in Table 1 of Section 27.24.080 (1d) of
the Kalispell Zoning ordinance. In addition, freestanding signs shall be capped at 24
feet in total height and 120 square feet in total surface area. There shall be no more
than a total of 3 free standing ground signs, one for phase one, one for phase 2 and
one for phase 3. The freestanding signs shall be constructed as presented in exhibit
1 A and shall only advertise the name of the primary tenant of the phase and the name
of the development. Wall signs may have internal lighting and shall not exceed a
sign face area as provided in the City of Kalispell Zoning Ordinance.
2.01 E(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 from U.S. Highway 93 as follows: Phase 1— 300 feet,
Phase 2 — 225 feet and Phase 3 — 150 feet.
2.0213 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, freestanding
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 uses 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).
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 15TH DAY OF DECEMBER, 2003.
ATTEST:
Theresa White
City Clerk
Mayor
si'ATE tF EdiONTANA y p .........•.� `�`\��,
County of Flatfiead SS'14;:;:0Wrto
City of Kalispell
I hereby certify that the instrument to Which ft CM21WO Is
affixed is a true, correct and compared copy of the original on file in
the office of the Clerk of the City of Kalispell.
Witness my hand and t�e peal of the Coy -Of ��
Couray, MontarWtpis _/_ ,aY,
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200409 1��1�
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 114 of the Southwest 1/4 of the Northwest 1/4 and the Northwest 1/4 of
the Northwest 1/4 of the Southwest 1/4 all in Section 36, Township 29 North,
Range 22 West, containing 454.4 Acres of Land, more or less.