DNRC PUD Application2250 Highway 93 North
Kalispell, MT 59901
Phone 406.751.2240
Fax 406.751.2288
Section 36 Initial Zoning
PUD Application
Application to the Tn-City Planning Office and
City of Kalispell
August 13, 2001
This application for annexation and
zoning is comprised of parts.Q d }\
p a 2\ is tabbed for easy reference.
\\ \ - Petition }\ Annexatio }\
Application
Part
. },. Narrative
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Part : � ) Development
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Agreement
PETITION NO.:
PETITION TO ANNEX.
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the West Valley Rural Fire District under the provisions of Section 7-33-2127,
Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice
requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution
of annexation by the City Council of the City of Kalispell, the property shall be detracted from
said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
Qa"IA&2 A Va .13, 200
Peti oner/Owner Date
Department of Natural Resources &
Conservation, State of Montana
STATE OF MONTANA )
: ss
County of Flathead County
On this day of A L&,a 5 f , zo-u 1 , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared j c> ms A. D-s k [ LOr-Li known
to to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS; V?I;EREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at CJt'\t4e
My Commission expires:
STATE OF MONTANA )
: ss
County of Flathead County
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
, the , and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
Tri-City Planning Office
17 Second. Street West
Kalispell, MT 59901
Phone: (406)751-1550
NAME OF APPLICANT: State Of Montana C/O ,Ton Dahlbereg
MAIL ADDRESS: DNRC -- 2205 Higway 93 North
CITY/STATE/ZIP: Kalispell MT 59901 PHONE: 751-2240
INTEREST IN PROPERTY: Land administrator for State
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: DNRC C/O David Greer
MAIL ADDRESS: 2250 Highway 93 North
CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 751-2243
INTEREST IN PROPERTY: Local state representative
Address of the property: C/O 2250 Highway 93 North
Legal Description:
(Lot and Block of Subdivision; Tract #)
See attached legal
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: County AG-80
The proposed zoning of the above property is: City PUD (B-5, R-5, R-4)
State the changed or changing conditions that make the proposed amendment necessary:
Annexation and zoning request is consistent with current city/county policy for the
property.
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for F.R.D.O. staff to be present on the property for
routine inspection during the annexation process.
Qen6"�&� klto,
(Ap cant) ate)
Section 36, T29N R22W, PMM
Flathead County, Montana PT
400 200 0 400 800
Scde in (eel
Exhibit
Area to be Annexed
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 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.
Section 36 Initial Zoning
PUD Nanative
A Comprehensive Approach to a Planned
Community
art�fPt -
The Department of Natural Resources and Conservation (DNRC) is the management agency
for a section of state-owned land, described in this application as Section 36. This land is
located on the north side of Kalispell, between Four Mile Drive and West Reserve Drive. A
map on the following page displays the location of the property.
The property is managed for the benefit of the common schools of Montana. All lease income
from the property is allocated to the budgets of schools throughout Montana. In recent years,
DNRC has participated in a variety of public processes to identify income opportunities for
the property. The current effort and subject of this application is to annex the state-owned
land into the City of Kalispell and to apply City of Kalispell zoning classifications to the
property. A zoning PUD overlay is proposed to help effectuate the planning objectives for the
property. The PUD overlay will restrict the range of allowable uses, increase performance
measures, identify phasing objectives, require infrastructure to be built in accordance to City
of Kalispell design and construction standards, and establish a review process for proposed
uses.
The Kalispell City -County Growth Policy. The planning staff of the Flathead Regional
Development Office initiated an effort to update the Kalispell City -County Master plan in
1996. The local office of the DNRC actively participated in that planning effort, but a Growth
Policy has yet to be adopted. However, as a spin-off to that broader community process,
DNRC prepared a Neighborhood Plan to guide land use decisions for Section 36.
The Section 36 Neighborhood Plana DNRC prepared the plan over a period of several
years. The process included a comprehensive public involvement process, involving mailings,
community meetings, and public hearings. The Plan was approved by the City of Kalispell
and Flathead County in June 1999.
Land Use Map: The Section 36 Plan includes a land use map that depicts four land use
pods. A Mixed Commercial POD is identified in the area adjacent to U.S. Highway 93,
between the proposed Highway 93 by-pass alignment and the center section line. A
Mixed Professional POD is identified for an area primarily located in the N 1/z of Section
36 and north of the proposed U.S. Highway 93 by-pass. A Mixed Residential POD is
identified for an area generally described as the SW 1/4 of Section 36. The SE 1/4 has
PUD Narrative
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1000 500 0 1000
Scale in feet
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26 25
35 F 36 West Rese a Drive
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36 =
T29N L-- ------ -- ---
f T28N 1 = Four Mile Drive
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Section 36 PUD Application
Vicinity Map --North Kalispell
Section 36, T29N R22W
1
M
a
3
C
rn
No
31 Grandview Drive
already been annexed into the City of Kalispell and is shown by the land use map as
"Sports Fields".
Plan Narrative: The narrative of the Section 36 Neighborhood Plan is a "Goals" and
"Policies" document. The development theme of each land use pod is defined by goals
and policies but also included is a list of permitted or "acceptable" uses and various
performance standards.
Memorandum of Understanding (MOU): A MOU was jointly approved by the City,
Flathead County, and State Board of Land Commissioners in May 2000. This document
helps to clarify how the Neighborhood Plan would be implemented in joint cooperation
with local governments. Under the provisions of the MOU, DNRC will be subject to
local zoning and subdivision review of all proposed uses. In addition, improvements will
be constructed to city standards and taxes will be paid on land and structures as
development occurs.
The MEPA Process. Subsequent to the adoption of the Section 36 Neighborhood Plan and
MOU, DNRC prepared an Environmental Impact Statement (EIS) to analyze alternative plans
for Section 36. DNRC was litigated by several organizations, alleging that DNRC had failed
to prepare an environmental analysis [of the Section 36 Neighborhood Plan] under the
provisions of the Montana Environmental Policy Act (MEPA). The need for preparing an
"appropriate MEPA document" was upheld by the presiding judge. The process of preparing
an EIS included the issuance of an (1) "Initial Proposal", (2) Draft Environmental Impact
Statement (DEIS), (3) Final Environmental Impact Statement (FEIS), and (4) Record of
Decision (ROD). As part of the environmental analysis, 4 land use scenarios, ranging from
low -impact development to high impact development, were analyzed to determine the range of
impacts and associated mitigation needs, especially related to issues of traffic, water supply,
sewage collection, and economics. Based on the performed analysis and comments from the
general public, the Record of Decision for the EIS requires DNRC to modify certain elements
of the Section 36 Neighborhood Plan. These are discussed below and will be incorporated
into the PUD Agreement.
Mixed Commercial POD: DNRC will prioritize the development of technology uses over
retail commercial uses in this POD. This priority of use will persist so long as technology
development continues to expand and be successful based upon a Iyear, 5 year, and 10
year review as explained in the FEIS. Successful development of technology uses will
permit the expansion of technology uses into a portion of the MIXED Professional POD
(NE 1/a). Expansion of these uses into the adjoining land use POD may require an
amendment to the Section 36 Neighborhood Plan, which will be pursued at that time of
occurrence. Other uses, including general retail, will be permitted if technology
development is not successful. A City of Kalispell Zoning Classification of B-5 is
proposed with a PUD overlay.
Mixed Professional POD: The ROD suggests two types of amendments to the Mixed
Professional POD. The first was discussed in the previous paragraph, wherein the area of
the Mixed Professional POD would be reduced to permit expansion of technology uses
beyond the existing area of the Mixed Commercial POD. This would also affect the
preferred east to west in -fill pattern to the POD by delaying development opportunities in
the NE 1/4 of Section 36 lying above the proposed highway by-pass alignment. Initial
development in the Mixed Professional POD, prior to any final decision of expanding the
area of the Mixed Commercial POD, would be closer to the mid -section line
(north/south). Also affected by the ROD is the desire to promote the siting of a school
and a natural resource agency campus near the west end of the POD. These objectives
would be achieved by identifying a phasing exemption to the deferred development area
identified in the land use map of the Section 36 Neighborhood Plan. It is anticipated that
PUD Narrative 3
a plan amendment may be necessary before these uses will be permitted in the locations
and in the time suggested by the ROD. A City of Kalispell Zoning Classification of R-5 is
proposed with a PUD overlay.
Mixed Residential POD: Suggested changes to this land use POD by the ROD is to
provide a site, within the next 10 years, for a school within the area designated by the
Plan as "Deferred Development Area". This suggestion by the ROD will require an
amendment to the Section 36 Neighborhood Plan. A City of Kalispell Zoning
Classification of R-4 is proposed with a PUD overlay that would permit a wide range of
residential and office opportunities.
It is the intent of DNRC to provide for planned development of Section 36 in accordance to
the Record of Decision issued for the EIS. This includes the changes of development
philosophy and emphasis described in the preceding section. The predominate objective of
DNRC is to seek increased revenue opportunities to the school trust by implementing a land
use plan that is sensitive to community design and economic opportunities. Major
components of Plan implementation include:
® Annexation of the entire property into the City limits of Kalispell;
® Zoning of the property to consider logical patterns of development, priority
of uses, phasing, and development standards;
® Extension of city infrastructure (water, sewer) to serve the intended uses;
and
Local review of subdivision proposals.
Major components of the PUD zoning include:
® Limitation of allowable uses, including restriction of strip -type commercial
uses;
® Architectural review and approval of building design;
® Requirement for common landscape features and other performance
standards;
® Restriction of allowable signage;
® Phasing of utility and road improvements; and
0 Anticipation of future utility and traffic mitigation needs.
The property subject to this request for initial zoning are the state-owned lands located in the
NE 1/a, NW '/a, and SW 1/4 of Section 36, Township 29 N, Range 22 W, PMM, Flathead
County. The SE 1/4 is already annexed and zoned P-1. A private dairy occupies a portion of
Section 36 near Stillwater Road. Approximately 454± acres are subject to the annexation and
zoning request.
The layout map (included at the end of this section) of the property includes the following
features:
® Topography at 4 foot contour intervals;
® Perimeter public roads;
® Location of proposed internal collector roads;
® Controlled access locations to perimeter public roads; and
® Land use PODS.
The PUD Development Agreement describes the common area and open space objectives,
which include, in part, a 20-foot landscape buffer adjacent to U.S. Highway 93 and a 10 foot
buffer adjacent to West Reserve Drive. No developed facilities are currently located on the
property.
The layout plan identifies 3 distinct land use PODS. The development philosophy, including
range of allowable uses and bulk and height allowances are described in the PUD
Development Agreement. Subdivision review will test each proposed project for compliance
with the zoning and ensure proper implementation of infrastructure requirements.
An environmental impact statement (EIS) was prepared to evaluate alternative plans for
Section 36. As part of this analysis, ranges of development scenarios were considered to
evaluate impacts to the human and physical environment. Key components of the analysis
dealt with "water", "sewer", and "traffic". A copy of a water and sewer extension plan for the
property as envisioned over the next 20 years is attached as a separate exhibit.
Water. The property is within the upper pressure zone of the City of Kalispell water
distribution system. All developed uses in Section 36 will connect to the city system. At this
time, the upper pressure zone has adequate storage and production capacity but is deficient in
meeting a 4,000 gpm, 4-hour fire flow requirement. Additional storage, production capacity,
booster pumping or a combination of each would be necessary to satisfy the 4 hour fire
demand. As development increases within Section 36 and adjacent properties over the next 20
PUD Narrative
years, an additional water supply source and storage facility may be necessary. It is possible
that the existing irrigation well that serves the ball field complex in the SE 1/a could be utilized
as a source of domestic water and be integrated into the Kalispell water delivery system, as
need demands. An elevated location near Four Mile Drive might also be suitable for a future
storage tank if deemed necessary to satisfy storage deficiency. This topic is extensively
discussed in the Section 36 DEIS, which is herein incorporated by reference. Subdivision
review of proposed lease lots will determine the scope of required extensions and/or
improvements to the system.
Sewer. All developed uses in Section 36 will connect to the City of Kalispell's sewer system
via the lift station at Grandview Drive. The lift station will eventually need to be improved as
flows increase with development. Downstream improvements to the piping will also be
necessary. The discussion of this topic is more fully explored in the Section 36 EIS, which is
herein incorporated by reference. Subdivision review of proposed lease lots will determine
the scope of required extensions and/or improvements to the system.
Traffic. The existing transportation system in the vicinity of Section 36 is extensively
described and discussed in the Section 36 DEIS so detailed discussion of this topic will be left
with that source. The proposed collector road system of Section 36 is designed to limit access
onto the adjoining public roads. Initial development in the NE 1/4 of Section 36 will align the
access to U.S. Highway 93 with the signaled approach to Mountain View Plaza. The internal
collector road system will be completed in phases as warranted by increasing traffic from
developed uses. All collector and local roads within Section 36 will be constructed to City of
Kalispell design standards and be dedicated to the city following completion. Increasing
traffic (trips) from Section 36 will require a variety of mitigation strategies to maintain
acceptable Level of Service (LOS) at the on- and off -site intersections. This topic is more fully
described in the Section 36 EIS, which is hereby incorporated by reference. Parking
requirements will follow the space -to -use guidelines of the Kalispell Zoning Ordinance.
Drainage. All drainage will be engineered to reain on Section 36. Drainage plans will be
reviewed and approved concurrent with subdivision review.
A variety of land use types might be associated with development of Section 36. Land use
opportunities range from equestrian centers to industrial uses. Since development of Section
36 is likely to extend over a period of decades, it may not be appropriate to define a particular
architectural theme for the entire property or even by land use POD. Each POD allows a mix
of land use opportunities. (The PUD Development Agreement provides a general description
of building and lot parameters, including provisions that require amenities on the back side of
buildings when viewable from a public road and a requirement for earth tones.) Current
expectations for building quality and design can be defined by representative properties in the
Kalispell area. Included at the end of this section, are photographs of representative land use
types that reflect the desired architectural elements, including roof relief, exterior color, wall
trim, entry and window treatment, and wall composition.
Mixed Commercial. In the Mixed Commercial POD, uses are likely to include (1) high tech
facilities (offices, areas for storage and component assembly, shipping, etc), (2) general
offices, (3) professional offices, (4) small retail, (5) large retail, and (6) "wired" motel. As
with most tech structures, the front of the building will have considerable architectural
amenities and landscaping. Landscaping will be used to soften the other features of the
building, which often reflect warehouse type attributes. Small retail uses are expected to be
clustered in groups as opposed to stand-alone. The cluster must reflect a common
architectural design. Large retail shall incorporate architectural amenities to the front of the
building, including textured or colored block, rock, and/or wood trim. Lineal roofs are
encouraged to incorporate architectural elements or change relief to discourage monotony.
Offices are expected to incorporate wood, rock or brick trim. Single floor office buildings are
encouraged to use pitched roofs. A motel shall incorporate brick and wood in the design.
Mixed Professional. Representative uses in this land POD are likely to include professional
offices, medical offices, and small neighborhood convenience retail. Wood, rock, or brick
trim is expected in all structures. Wood, vinyl, brick, or colored steel textured siding is
preferred over plywood or composition wood siding.. Neighborhood convenience retail shall
be clustered as opposed to freestanding and reflect a common architectural design. Schools
are expected to incorporate brick and wood components with minimal exposure to the facing
street of solid faced block or concrete walls.
Mixed Residential. Representative uses in this land use POD could include single family
dwellings, townhouses, apartment buildings, and general offices. All structures in this POD
are expected to have pitched roofs. Trim shall include rock, wood, or brick.
The vicinity map included with this narrative shows all adjacent subdivided and unsubdivided
lands. Adjacent zoning reflects the current uses of the property. The SE'/a of Section 36 is
zoned P-1. Public zoning also reflects the area of the college. The area of Mountain View
Plaza is Zoned Commercial PUD. Residential properties to the north are zoned for single and
multifamily uses. Most of the properties to the west are zone Agriculture (AG) 80. The
subject property is zoned county AG-80.
Covenants are included as Exhibit F to the Planned Unit Development Agreement.
Ptias�n antl Timof Developmen
mt r
.ti._ 9 _
The Section 36 Neighborhood Plan adopted in 1999 and as modified by the Record of
Decision by DNRC on August 11, 2001 guides the future development of the property. The
Plan suggests a development schedule that will last over several decades. It is anticipated that
initial phases of development in the Mixed Commercial POD will begin in the fall of 2001.
The general phasing philosophy of development is described in the Plan and in the PUD
Development Agreement.
Pro Owners Assoc�at�on and Common Area_ -
pq -y .. _ .. . �-
Common area within the property will be managed by a Property Owners Association, which
provides for assessments to finance the care of the common features. The association is
established by the covenants of the PUD Development Agreement. In situations where there
are only lease lots, DNRC will specify common area obligations to the individual lessees.
DNRC will require lessees to construct the required common area and a separate maintenance
fee will be assessed to cover the related expenses. Only landscaped areas are expected to be
"Common Area". All the roads will be dedicated to the City.
PUD Narrative 7
Roads and'Parking
There will be no private roads in the development. The streets will be constructed to City
standards and then dedicated to the city, which will maintain the developed street system. The
off-street parking requirements will be satisfied by the requirements of the PUD Development
Agreement.
_ = Subdnnsion
All future lots will be subject to subdivision review.
. Bonding
DNRC is responsible for extending all required infrastructure to the approved lots. The
infrastructure improvements will be guaranteed through the subdivision process, which allows
for bonding as necessary.
zF�r°�l31"t1]1011 _ _ _ _
The subject property has been subject to dozens of public meetings and hearings and has been
extensively evaluated via the plan amendment process and environmental impact statement
process. In addition to the materials included with this application, DNRC encourages the
reader to consult these other relevant documents for more information concerning the
suitability of the property for the intended purposes.
8
Step-down design to fit with topography with expansive window treatment
Office with broken wall pattern, wood trim, and expansive window treatment
Motel with multi -angled wall, covered entry, brick siding, modified slope pitched roof
Nursing home with multiple wall angles, covered entry, natural tones, pitched roof
Office with variable roof line, staggered wall
line, brick trim, natural tones
Attached office units with pitched roof,
broken wall lines, brick trim, natural tones
Covered eniry with pitched roof, variable
wall angles, wood trim
Utfice with variable roof line, staggered wall
line, variable trim
Pitched roof, variable roof line, covered
entry, brick and wood trim
Simple signage, colored trim, architectural
lighting, slight wall variation
Restaurant with brick trim with exterior amenities including awnings and decorative lighting
Restaurant with natural wood and
rock trial
M-ulti-family dwelling with textured vinyl siding, pitched roof, and broken wall pattern.
Duplex design with variable roof outline, brick trim, and natural colors.
School with variable roof line, natural tone, and brick trim
Tech building with wood trim, broken wall line, roof canopy entrance, and expansive
window treatment
Small retail with architectural amenities including awnings, light fixtures, simple signage,
and covered entry
Gas and convenience mart with residential amenities including pitched roof, natural wood
trim, and earth tones
Financial buildinIg with variable roof line, wood and rock trim, and expansive window
treatment
Financial building with variable roof line, wood and rock trim, natural colors, and
expansive window treatment
r
RMO
9 1
THIS DECLARATION, made this day of , 2001,
by State of Montana/Department of Natural Resources and Conservation,
hereinafter referred to as "DECLARANT',
WITNESSETH;
That WHEREAS, State of Montana/Department of Natural Resources and
Conservation is the owner of real property situated in Flathead County,
Montana, described herein on Exhibit "A", (Note: herein described as All
Section 36 property, except the ballfields zoned P-1).
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described on Exhibit "A" to the Conditions, Covenants and
Restrictions hereinafter set forth, each and all of which is and are for the
benefit of said property and for each owner thereof and shall inure to the
benefit and pass with said property, and each and every parcel thereof, and
shall apply to and bind the successors in interest, and any owner thereof;
NOW, THEREFORE, the Declarant, being the owner of all of the real
property above -described, hereby declares that the said real property is, and
shall be, held, transferred, sold and conveyed, subject to the conditions,
restrictions, covenants and reservations hereinafter set forth; and
All persons or corporations who now or shall hereafter acquire any
interest in and to the above -described property shall be held to agree and
covenant with the owner of any of the property hereinabove described, or any
parcel thereof, and with their heirs and successors and assigns, to conform to
and observe the following covenants, restrictions, and conditions as to the use
thereof, and as to the construction of dwellings and improvements thereon.
ARTICLE I. DEFINITIONS
Section 1: "Declarant" herein mentioned is State of Montana/Department
of Natural Resources and Conservation.
E
Section 2: "Association" shall mean the Property Owners Association,
consisting of all owners of the property described in Exhibit "A".
Section 3: "Owner" shall mean and refer to the person or persons
owning a parcel of the land described in Exhibit "A", in fee simple, absolute,
individually or as an owner in any real estate tenancy relationship recognized
under the laws of the State of Montana, including a unit ownership pursuant to
a recorded unit ownership declaration.
Section 4: "Common Area" shall mean all real property owned or
maintained by the Association for the common use and enjoyment of others,
including but not limited to parks, trails, roadways, easements, and recreational
facilities.
Section 5: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
Section 6: "Vote" or "voter", shall mean one vote per lot.
ARTICLE II. ARCHITECTURAL REVIEW COMMITTEE
Section 1. Members/Terms: The Architectural Review Committee shall
consist of three individuals appointed by the Board of Directors of the Property
Owners Association from owners within the property described in Exhibit "A"
and shall be known as the Architectural Review Committee hereinafter referred
to as Architectural Review Committee. The members of the Architectural
Review Committee may be appointed and removed at the sole discretion of the
Board of Directors of the Property Owners Association.
Section 2. Function of the Architectural Review Committee: All owners
intending to construct any structure whatever upon any lot, shall first submit
their plans and specifications, in writing, to the Architectural Review
Committee. All plans for the construction of any building, signage, private road
or driveway, fence, wall or other structure to be erected upon any lot and the
proposed location thereof upon any lot and any change, after approval thereof,
any remodeling, reconstruction, alteration or addition to any building, road,
driveway, or other structure upon any lot in said premises, shall require written
4
approval of said Architectural Review Committee. Before beginning the
construction of any building, road or driveway, parking lot, fence, wall or other
structure whatsoever, or remodeling, reconstruction or altering such road,
driveway or structure upon any lot, the person or persons desiring to effect,
construct or modify the same shall submit to the Architectural Review
Committee, a complete set of plans and specifications thereof including front,
side, and rear elevations, floor plans for each floor and basement, exterior color
schemes, building materials, a block or plot plan indicating and fixing the exact
location of such structure or such altered structure on the grading plan if
requested. A reasonable fee shall be paid to the Architectural Review
Committee with such plans, said fee to be set by said Committee. (Preliminary
sketch of plan may be submitted prior to the execution of detailed drawings.)
In the event the proposed improvement shall be one for repainting or
redecorating the exterior of such structure without remodeling or changing it,
or making additions thereto, it shall only be necessary to file one color scheme
of such proposed work and have the same approved prior to the
commencement of such work.
Section 3. Approval by Architectural Review Committee: Approval by
the Architectural Review Committee of all exterior plans and specifications must
be submitted for approval in writing, and shall not be deemed to be a waiver by
the Architectural Review Committee of the right to object to any of the features
or elements embodied in such plans or specifications if and when the same
features or elements are embodied in any subsequent plans or specifications
submitted for approval for use on other building sites. In the event the
Architectural Review Committee fails to act within thirty (30) days after the
proposed plans and specifications of any structure have been submitted, in
writing, or in any event, if no suit to enjoin the construction has been
commenced prior to the completion of an entire dwelling, no specific approval
shall be required for such structure and the pertinent provisions to the
Declaration shall be deemed to have been fully complied with. The
Architectural Review Committee may, at any time, inspect any building or
property located in said subdivision for the purpose of determining whether the
exterior of said building conforms to these covenants. Approval of such plans
and specifications shall be evidenced by written endorsement on such plans or
specifications, a copy of which shall be delivered to the owner or owners of the
3
lot upon which the prospective building, road, driveway or other structure is
contemplated, prior to the beginning of such construction. No changes or
deviations in or from such plans and specifications as approved, shall be made
without the prior written consent of the Architectural Review Committee, and
construction shall be completed within one (1) year from date of approval of
said plans and specifications.
Structural engineering shall be the responsibility of the owner. The
Architectural Review Committee may waive such provisions contained in these
covenants as they deem appropriate. In passing upon any plans and
specifications submitted to it, the Architectural Review Committee shall
consider:
a) Suitability of the improvement and materials of which it is to
be constructed to the site upon which it is to be located;
b) The nature of the adjacent neighboring improvements;
c) The quality of the materials to be utilized in any proposed
improvements; and
d) The effect of any proposed improvement on the adjacent or
neighboring property.
In passing on any plans and specifications, it shall be an objective of the
Architectural Review Committee to make certain that no improvement will be
so similar or so dissimilar to others in the vicinity that values, monetary or
aesthetic, will be impaired, and to maintain for the benefit of the Architectural
Review Committee and all subsequent individual lot owners, the nature
character of the land and to require that all man-made structures blend into the
natural background rather than stand out against it.
The Architectural Review Committee shall consider the guidelines set
forth in Articles III and IV and the Planned Unit Development Agreement in its
review of plans and specifications: `
Ell
ARTICLE III. RESTRICTIONS AS TO LAND USE
The land described in Exhibit "A" is subject to the land use restrictions as
follows:
Section 1. Mixed Commercial: All that property described in Exhibit
"B"/"B-1 " that is zoned under Kalispell Zoning Category as PUD "Mixed
Commercial" is subject to the land use conditions and regulations of the B-5
Zoning Classification of the Kalispell Zoning Ordinances, as amended from time
to time; and, is further subjected to the provisions of the Planned Unit
Development Agreement between State of Montana/Department of Natural
Resources and Conservation and the City of Kalispell, dated the day of
, 2001.
Section 2. Mixed Professional: All that property described in Exhibit
"C"/"C-1 " that is zoned under Kalispell Zoning Category as PUD "Mixed
Professional" is subject to all the land use conditions and regulations of the R-5
Zoning Classification of the Kalispell Zoning Ordinances, as amended from time
to time; and, is further subjected to the provisions of the Planned Unit
Development Agreement between State of Montana/Department of Natural
Resources and Conservation and the City of Kalispell, dated the day of
, 2001.
Section 3. Mixed Residential: All that property described in Exhibit "D"
that is zoned under Kalispell Zoning Category as PUD "Mixed Residential" is
subject to all the land use conditions and regulations of the R-4 Zoning
Classification of the Kalispell Zoning Ordinances, as amended from time to time;
and, is further subjected to the provisions of the Planned Unit Development
Agreement between State of Montana/Department of Natural Resources and
Conservation and the City of Kalispell, dated the day of ,
2001.
ARTICLE IV. MISCELLANEOUS RESTRICTIONS
Section 1. Utilities: All future utilities, including but not limited to power,
electric, and telephone shall be underground.
5
Section 2. Continuity of Construction: All structures shall have the
exterior completed within twelve (12) months of commencement of
construction unless an exception is granted in writing by the Architectural
Review Committee.
Section 3. Temporary Structures: No trailer, basement, tent, shack,
garage, barn or other outbuilding erected or placed on any lot shall at any time
be used or occupied on a permanent basis. Any of the aforementioned
structures shall not be erected at any time without the written approval of the
Architectural Control Committee.
Section 4. Garbage: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste, shall be kept in covered,
reasonable airtight containers. Such containers must be kept in a garage or
other enclosed area.
Section 5. Nuisance: No noxious or offensive activity shall be carried on
nor shall anything be done or permitted which shall constitute a public nuisance
therein.
Section 1. Non-profit Corporation: The owners of the property set forth
in Exhibit "A" shall form a Montana Non-profit Corporation and adopt necessary
By -Laws known as "The Property Owners Association" hereinafter referred to
as Association. The Association to be formed by Declarant shall have as
members all owners as defined herein. Membership in the association shall be
appurtenant to and shall not be separated from the ownership interest.
Members shall participate in the manner prescribed by the Articles and By -Laws
of the Association, and resolutions of the Association's Board of Directors. The
Association's purpose is to provide services and facilities to the owners as it
may determine.
Every owner who is a member of the Association shall have a right and
easement of enjoyment in and to the common area which right shall be
appurtenant to and shall pass along with the owner's title subject to the
following provisions:
0
a. The right of the Association to charge reasonable admission and
other fees for the use, care, maintenance and improvement of all of the
common area, as more particularly described as "Common Area" on the
various subdivision plats.
b. The right of the Association to suspend the use or enjoyment of the
common area or facilities and services provided directly or indirectly by
it for any period during which any fee or assessment against an owner's
interest remains unpaid, or for the continued violation of the Articles and
By -Laws of the Association or the resolutions of the Association's Board
of Directors.
C. Any Association member may delegate the right of enjoyment of
the common area to members of the member's family, tenants, contract
purchasers or guests.
Section 2. Purpose: The purpose of the Property Owners Association is
to adopt rules and regulations for the use and maintenance of the common
areas within the property described on Exhibit "A". Common areas may include
parking lots, parks and other miscellaneous common areas, playground
equipment, trail system, highway boulevard and signage. The Property Owners
Association shall establish the annual and special assessments for the
maintenance of the common areas and be responsible for the appointment of
the members of various Architectural Review Committees.
ARTICLE VI. ASSESSMENTS/COLLECTION
Section 1. Assessment/Creation of Lien: Each owner (other than
Declarant) by accepting deed to or land contract for a lot within this
subdivision, whether or not specifically so expressed in said conveying
instrument, shall be deemed to covenant, agree, and shall be bound to pay
assessments established pursuant to the provisions of these covenants, which
will include regular annual assessments and special assessments for general
Association operating funds, capital improvement or water use. Assessments,
whether special or regular, may be collected on a monthly, quarterly or yearly
basis, together with interest, costs and reasonable attorney's fees incurred in
the enforcement of the provisions of this article.
Section 2. Declarant's Assessment/Date of Commencement of
Assessment: Pending sale of each lot, Declarant shall be responsible for all
assessments on said unsold lots as same become due. At sale, assessments
shall be pro -rated as of date of sale. Declarant remaining responsible for
assessments to date of sale and the lot purchaser being responsible thereafter.
All such allocations shall be based on a 365 day year.
Section 3. Lien: Assessments as provided herein shall be a charge on
each owner's lot and shall be a continuing lien against said lot and said
assessment, together with any interest, costs, and reasonable attorney fees
incurred in collection same shall also be a personal obligation of the owner of
the lot at the time when said assessment became due.
Section 4. Purpose: Assessments for the purpose of common area
maintenance shall be specifically allocated for that purpose. General
assessments assessed against owners of the lots shall be for the general
purpose of maintaining Association property. Assessments shall be used to
administer the covenants to maintain and improve quality of the common area.
Section 5. Regular Assessments: The Board of Directors shall levy
assessments authorized by a majority of the Association to cover the annual
Association operating budget. The Board of Directors shall further establish an
assessment as and for a fund for the maintenance of the road and other
common area. Said assessments shall be billed and collected over the same
term and at the same time. The first year for which annual assessments shall
be established and collected shall be established by the Board of Directors.
Section 6. Uniform Rate: Common area assessments as well as regular
and special assessments, shall be fixed at a uniform rate for all residential lots
involved. Assessments shall be divided by the number of member lots in the
Association. Each lot shall bear its prorata share.
Section 7. Assessment Period/Due Date: Assessments as provided
herein shall commence as against all lots as determined by the Board of
Directors and the Board of Directors shall fix the amount of the regular annual
assessment against each lot on an annual basis.
Written notice of the applicable annual assessment shall be sent to every
owner subject thereto.
Section 8. Special Assessments: Special Assessments to include
common area maintenance fund as herein provided, may be set at the regular
annual meeting or upon any special meeting called for said purpose. In the
event of special meeting, written notice to each of the members of the
Association must be given no less than 30 or more than 50 days prior to said
meeting. Presence of 50% or more of the members of the Association at any
meeting called for the purpose of establishing any regular or special assessment
shall constitute a quorum, and at said meeting a majority of said quorum shall
control.
Section 9. Nonpayment/Remedies: Any assessment not paid within 30
days after the due date shall bear interest from the due date at the legal rate set
by Montana law on a District Court Judgment. The Association may bring an
action at law against the owner of a lot in default as and on the basis of an
account due. Said assessment obligation shall be a personal obligation. In
addition to the amount of the assessment and any interest thereon, in the event
of any such suit the Association shall be entitled to all attorney's fees incurred
and costs. Any Judgment shall be entitled to all rights and legal consideration
as any Judgment received under the laws of Montana.
No owner subject to assessment may waive or otherwise escape liability
for the assessment herein provided by nonuse of the common area or
abandonment of his lot.
In addition to the provisions for suit and collection as hereinabove set
forth, the Association may suspend a delinquent owner's voting rights at
Association meetings, the right to use, enjoy and have the benefit of the
common area. In the event of failure to pay common area maintenance
assessments, the Association may terminate the right to ingress, egress and/or
utilization of the common facilities.
Section 10. Subordination or Assessment Lien: The lien of any
assessment provided herein shall be subordinate to any purchase money
security interest for a lot acquired herein or construction lien for the
0
construction of a resident herein when said lien secures the lender's obligation
for said acquisition or construction. In the event, however, of foreclosure of
said lien, the Association shall not be required nor be under any obligation to
provide access, or any of the other amenities of the common area to any
subsequent purchaser, either through default or otherwise, until all past due
obligations owed are paid in full. The provisions of this paragraph may be
modified or waiver in their entirety at the discretion of the Association.
ARTICLE VII. ENFORCEMENT
Section 1. Interested Parties: Any owner shall have the option and right
to enforce, by any proceeding at law or in equity, all restrictions, conditions,
covenants, reservations and charges now or hereafter imposed by the
provisions of this Declaration. The method of enforcement may include
proceedings to enjoin the violation, to recover damages, or both. Failure by any
owner to enforce any such provision shall in no event be deemed a waiver of
the right to do so thereafter.
Section 2. Severability: Invalidation of any one of these covenants or
restrictions by judgment or court order, shall in no wise affect any other
provision which shall remain in full force and effect.
ARTICLE VIII. TERM
The provisions of these protective covenants are to run with the land and
shall be binding upon all parties and all persons claiming under them, for a
period of twenty (20) years from the date they are recorded, after which time
said protective covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument executed by the owners of
seventy-five percent (75%) of the land described in Exhibit "A", has been
recorded agreeing to terminate said protective covenants or change them in
whole or in part. Each parcel of land, regardless of size or of any deeded
ownership interest in a condominium unit shall be entitled to one vote under
this Article.
`us
ARTICLE IX. AMENDMENT
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75%) of the land described in Exhibit "A", which
instrument has been recorded, agreeing to such amendment. Each parcel of
land, regardless of size or of any deeded ownership interest in a condominium
unit shall be entitled to one vote under this Article.
IN WITNESS WHEREOF, the Declarant has executed this instrument the
day and year first above written.
STATE OF MONTANA )
. ss.
County of Flathead )
On this day of , 2001, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
known to me to be the of State of
Montana/Department of Natural Resources and Conservation, the Corporation
whose name is subscribed to the within instrument and acknowledged to me
that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
(Seal) Residing at , Montana
My commission expires
11
PARTIES AND PURPOSE: This Agreement made and entered
into this day of , 2001 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 - 1 st Avenue
East, Kalispell, Montana 59901 :
WITNESSETH:
WHEREAS, The State of Montana Department of Natural
Resources Et 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 allow the 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 underthe 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)
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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 (identified by the ROD) by applying a PUD
overlay to the underlying zoning classifications.
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 • 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 land use plan approved by the
City of Kalispell and Board of Flathead County Commissioners and
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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-R22W, Flathead County Montana.
1.09 Mixed Commercial means that portion of the Subject
Property generally lying in the NE1/4of 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 1/4of 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 SW1/4of 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 1/4 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 Draft Environmental Impact Statement means a document
released as a Draft Environmental Impact Statement (DEIS) by
DNRC on June 13, 2001 to evaluate the impacts to the physical
and human environment 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.
1.16 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.
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1. 17 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.
1.18 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.
1.19 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.
1.20 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 .21 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.
1.22 DNRC means State of Montana/Department of Natural
Resources and Conservation.
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11. GENERAL DEVELOPMENT AND USE OF THE SUBJECT
PWOPERTY
rIT&O-Immiam
(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:.
(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) A land use plan as identified in the Section 36
Final Environmental Impact Statement and
associated Record of Decision;
(5) Annexation of the Subject property into the
city limits of Kalispell;
(6) Extension of city water and sewer services by
lessees of DNRC 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
-. 5 -
variety of commercial industries are
appropriate and where community design to
minimize the appearance of strip commercial
development is desirable, including but not
limited to all uses set forth in Kalispell Zoning
Ordinance Classification B-5 and as otherwise
modified by this Agreement. 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 are 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 consistent with the Record of
Decision issued by DNRC.
(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
development of schools and a resource
agency office park in this POD consistent with
the Record of Decision issued by DNRC.
(3) Mixed Residential a district providing
opportunities for development of residential
uses, offices, and other compatible uses in a
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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 consistent with the Record of Decision
issued by DNRC.
(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. Infrastructure improvements
shall consider 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
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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 subsequent engineering
analysis, use patterns, and subdivision
review;
d. All roadway improvements shall bt
built in accordance with city of Kalispell road
design standards;
e. Roadway design shall include
provisions for landscape boulevards and
sidewalks;
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 landscape requirements
(see 27.26.030(6), KZO) may be satisfied by
common area landscaping adjoining any
parking area. Front and side yard parking
shall be permitted in the Mixed Professional
Office and Mixed Commercial PODS as
described in Section 27..26.030(2)(e)l) and
27.26.030(2)(e)2), KZO, respectively.
(2) Landscaping
a. Landscaping, to include lawn, shrubs,
trees, and/or rock gardens, shall comprise all
open spaces within the boundaries of the
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parent lease lot. Parking lots may extend to
within 5 feet of any lot/lease lot boundary.
b. Buildings shall be set back a
minimum of 20 feet from the side, front, 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);
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 le, above);
f. All landscaped areas shall be irrigated
and routinely maintained; 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
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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. Architectural
enhancements of building facades extending
above 35 feet are not necessarily excluded
but are subject to review and approval by the
City of Kalispell Site Development Review
Committee;
b. Applied finishes of buildings shall bt
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 shall 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. Total ground sign area
shall not exceed 160 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 othervvise permitted by
the City of Kalispell zoning regulations. All
other provisions of the Kalispell sign
regulations shall apply when consistent with
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
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" fro-m
"industrial" may be appropriate
within the Commercial POD.
ii. Deve.lopment design is
intended to avoid a "strip"
commercial appearance with
specific exclusion of certain uses.
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iii. The area of the Mixed
Commercial POD will be extended
to include the entire NE 1/4 of
Section 36 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
Mixed Commercial POD is leased
for development.
vi. If business and technology
uses fail to achieve a 40,000 square
foot floor area threshold within 5
years following the Record of
Decision for the EIS or if the
proposed business and technology
park as proposed by Hampstead
Partners fails to proceed within 1
- 13 -
year following the Record of
Decision, 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.
vii. If business and technology
uses fail to achieve a 120,000
square feet floor area threshold
within 10 years following the
Record of Decision for the EIS, 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 preventa 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 non-
agricultural development until the
- 14 -
Fire-Im
year 2010. This deferred
development area is modified by
the Record of Decision to allow
schools and a natural resource
agency campus to build at any time
within the Mixed Professional POD.
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 1/4
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
i. Clustering of uses is
preferred to encourage sharing of
roads, parking, utilities, common
design, and to prevent a scattered
development pattern within the
ii. 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. This deferred
development area is modified by
the Record of Decision to allow
schools to 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
seq, 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
- 16 -
b. The greenbelt provisions of Section
27.22.050 shall be interpreted and applied
concurrent with subdivision review.
c. The principal structure provisions of
Section 27.22.060, KZO, as applicable to "B",
"P", and "1" districts shall apply to the Mixed
Commercial and Mixed Professional PODS so
as to permit multiple structures within a
single lot or lease lot.
d. The creation of sublots (for leasing
purposes) may be appropriate in situations
involving residential, commercial, office, and
industrial uses. Section 27.22.130, KZO, is
hereby amended to permit the creation of
sublots in the Mixed Commercial, Mixed
Professional Office, and Mixed Residential
PODS of Section 36.
e. All other provisions of the Chapter
27.22 of the City of Kalispell Zoning
Regulations shall apply as appropriate.
(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 seek a revision to 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
- 17 -
AW
2) Mixed Professional POD —Zoning Classification
3) Mixed Residential POD — Zoning Classification
(B) The B-5 zoning district 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 Et 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
Et 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 build ings/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
- 18 -
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) 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, mail, 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)
(C) The R-5 zoning district 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)
- 19 -
6) Financial services and institutions (banks,
credit unions, mortgage companies, savings
Et- loans, etc)
7) Food/grocery store
8) Healthcare (medical offices/clinics,
dental/orthodontic, in-patient/outpatient
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.
- 20 -
(D) The R-4 zoning district 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 orfraternities (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.
(E) Property development standards for the B-5
zoning district 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
- 21 -
Section 27.22.120, KZO).
(F) Property development standards for the R-5
Zoning district 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 R-4
zoning district 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.
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
- 22 -
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
- 23 -
surrounding buildings. The pre-
dominate tone on building faces
should tend 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
- 24 -
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
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
- 25 -
governing the use and development • 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.
3.01 Developmeril
4.
The Subject Property shall be developed in substantial
compliance with the Plan selected and identified by the Record of
Decision issued by DNRC on August 10, 2001 and as described in
this Agreement.
(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 necessary 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 necessary
traffic turn lanes, traffic signals, and other regulatory
signs and signals directly pertaining to ingress and
egress to and from U.S. Highway #93, West Reserve
Drive, Stillwater Road and Four Mile Drive indicated by
the traffic study.
- 26 -
(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) Emergencyfire, ambulance, police and public vehicle
access shall be at all times available through said
primary and secondary access without impediment.
MONEURTFIT =-
(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 on at least one side of the
roadways, 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 on the side opposite the sidewalk.
(C) DNRC agrees that they will dedicate all internal
streets, boulevards, and sidewalks to the City of
Kalispell upon completion.
(A) Sanitary sewer service to the Subject Area shall be
accomplished via extension of sewer mains to the lift
station at Grandview Drive and as otherwise determined
by subdivision review.
(B) Water service to the Subject Property shall be
provided as determined by subdivision review.
(C) If a well is used on the premises, it shall not in any
- 27 -
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 utilities shall be
designed and installed in accordance with the City of
Kalispell's Standards for Design and Construction.
(E) All utility Infrastructure, collector, and local roads
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 current needs of DNRC as determined by hydraulic
modeling tests, 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 dedicated to
CITY, and shall at that time 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.
(J) Should CITY choose not to participate in the
additional costs as provided in Subsection G, above,
and still requires an up -sizing as described therein,
DNRC, shall be entitled to a Developer's Extension
Agreement as provided in Section 4.01 (c), below.
3.05 Storm Water
(A) Storm Water retention, drainage, and disposal shall
be handled 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.
(A) Site Grading of the Subject Property shall be subject
to the City's Emission Control Plan and Standards for
Design and Construction.
(B) 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 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,
- 29 -
which will be in accordance with the Uniform Fire Code
and will •' acceptable to the Fire Chief.
(B) ONRC agrees to install hydrants and water mains in
accordance with City of Kalispell Standards and to
obtain approval thereof prior to construction from the
City of Kalispell Fire Chief.
(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 -1/4
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 2-1/4 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.
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
- 30 -
OR
• i • • . •NOTE! •' •
(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.
(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. 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
- 31 -
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 proper -ties. Said method shall be
the same for all properties. The term of this
agreement shall not exceed a period of seven
(7) years.
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
- 32 -
reimbursement outlined in this section.
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 made 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 minor 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. Said minor modifications shall
include, but are not limited to, interpretation of uses by
the Kalispell Zoning Administrator and other
interpretations deemed to be consistent with the intent
of this Agreement.
(B) All amendments and modifications of this
Agreement, otherthan 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,
- 33 -
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.
(F) IDNRC may appeal the decision of the Site Review
Committee to the city Manager or City Council, who
may affirm, reverse or modifythe site Review Committee
decision.
LVANK&B-06121INW1101
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.
•
This Agreement shall be recorded in the Office of the Flathead
county Clerk and Recorder.
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.
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 writtenor oral agreements -or
- 34 -
representations between the parties. This Agreement can be
modified only in writing, signed by all •. hereto.
This Agreement shall be binding upon and inure to the
benefit of the respective parties, heirs, successors and assigns.
- 35 -
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 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.
Exhibit
Mixed Commercial PODand 1I '1 4u
That portion of the Northeast 1/4 and the Southeast 1/4 of the Northwest 1/4 of
Section 36, Township 29 North, Range 22 West, Principal Meridian, Flathead
County, Montana described as follows:
Commencing at the southeast corner of the Northeast 114 of Section 36, Township
29 North, Range 22 West; thence along the east -west mid -section line of said
Section 36, North 89°59'28" West 135.87 feet to the POINT OF BEGINNING of
the parcel being described; thence continuing along said east -west mid -section line
of said Section 36, North 89°59'28" West 3560.89 feet, more or less, to the
southeasterly boundary of the proposed U.S. Highway No. 93 bypass around the
City of Kalispell; thence along said southeasterly boundary of said bypass the
following three courses, North 57°41'00" East 1637.57 feet, more or less, to the
beginning of a 2600.00 foot radius curve, more or less, to the left concave
northwesterly, along said curve through a central angle of 15°45'40", more or less,
an are length of 715.22 feet, more or less, and North 41 °55'20" East 663.25 feet,
more or less to the easterly boundary of the Northwest 1/4 of the Northeast 1/4 of
said Section 36; thence along said easterly boundary of said aliquot part North
00'04'18" West 415.52 feet, more or less to the northwesterly boundary of the
proposed U.S. Highway No. 93 bypass around the City of Kalispell; thence along
said northwesterly boundary of said bypass the following two courses: North
41°55'20" East 151.97 feet, more or less, to the beginning of a 1288.00 foot radius
curve, more or less, to the right, and along said curve through a central angle of
21°30'52", more or less, an arc length of 483.64 feet, more or less, to the northerly
boundary of the Northeast 1/4 of said Section 36; thence along said northerly
boundary of said aliquot part, North 89°57'39" East 325.31 feet, more or less, to
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; thence along said westerly right-of-
way line of said U.S. Highway No. 93 the following seven courses: South
00°02'21" East 30.00 feet, North 89°57'39" East 117.29 feet, South 01°26'09"
West 79.93 feet, North 89°48'03" East 287.02 feet, South 00°09'01" West
2291.03 feet, South 14°20'01" West 61.92 feet and South 00°07'52" West 190.13
feet to the Point of Beginning.
Exhibit =1 B
Expanded mB-5 Zoning
That portion of the Northeast 1/4 and the Southeast 1/4 of the Northwest 1/4 of
Section 36, Township 29 North, Range 22 West, Principal Meridian, Flathead
County, Montana described as follows:
Commencing at the southeast corner of the Northeast 1/4 of Section 36, Township
29 North, Range 22 West; thence along the east -west mid -section line of said
Section 36, North 89°5928" West 135.87 feet to the POINT OF BEGINNING of
the parcel being described; thence continuing along said east -west mid -section line
of said Section 36, North 89°59'28" West 3560.89 feet, more or less, to the
southeasterly boundary of the proposed U.S. Highway No. 93 bypass around the
City of Kalispell; thence along said southeasterly boundary of said bypass, North
57°41'00" East 1242.47 feet, more or less, to the westerly boundary of the
Northeast 1/4 of said Section 36; thence along said westerly boundary of said
aliquot part, North 00°05'34" West 1983.74 feet to the northwest corner thereof;
thence along the northerly boundary of said aliquot part, North 89°57'39" East
2133.52 feet to the to 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; thence along
said westerly right-of-way line of said U.S. Highway No. 93 the following seven
courses: South 00°02'21" East 30.00 feet, North 89°5739" East 117.29 feet, South
01°26'09" West 79.93 feet, North 89°48'03" East 287.02 feet, South 00°09'01"
West 2291.03 feet, South 14°20'01" West 61.92 feet and South 00007'52" West
190.13 feet to the Point of Beginning.
Exhibit
Mixed Professional POD and R-5 Zoning
That portion of the Northwest 1/4 and the Northeast 114 of Section 36, Township
29 North, Range 22 West, Principal Meridian, Flathead County, Montana
described as follows:
BEGINNING at the northwest corner of the Northwest 1/4 of Section 36,
Township 29 North, Range 22 West; thence along the northerly boundary of said
aliquot part, North 89°57'13" East 2647.92 feet to the northwest comer of the
Northeast 1/4 of said Section 36; thence along the northerly boundary of said
aliquot part, North 89°5739" East 1808.21 feet, more or less, to the northwesterly
boundary of the proposed U.S. Highway No. 93 bypass around the City of
Kalispell, said point being the beginning of a 1288.00 foot radius curve, more or
less, concave southeasterly having a radial bearing of South 26033'48" East, more
or less; thence along said northwesterly boundary of said bypass the following two
courses: along said curve through a central angle of 21°30'52", more or less, an
arc length of 483.64 feet, more or less, and South 41 °55'20" West 151.97 feet,
more or less, to the easterly boundary of the Northwest 1/4 of the Northeast 1/4 of
said Section 36; thence along said easterly boundary of said aliquot part, South
00'04' 18" East 415.52 feet, more or less, to the southeasterly boundary of the
proposed U.S. Highway No. 93 bypass around the City of Kalispell; thence along
said southeasterly boundary of said bypass the following three courses, South
41°55'20" West 663.25 feet, more or less, to the beginning of a 2600.00 foot
radius curve, more or less, to the right concave northwesterly, along said curve
through a central angle of 15045'40", more or less, an arc length of 715.22 feet,
more or less, and South 57°41'00" West 1637.57 feet, more or less, to the
southerly boundary of the Northwest 1/4 of said Section 36; thence along said
southerly boundary of said aliquot part North 89059'28" West 935.63 feet to the
southeast corner of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of
said Section 36; thence along the easterly and northerly boundaries of said aliquot
part the following two -courses: North 00°04'33" West 661.55 feet and South
89°59'42" West 662.18 feet to the westerly boundary of said Northwest 1/4 of
said Section 36; thence along said westerly boundary of said aliquot part, North
00°04'13" West 1984.17 feet to the Point of Beginning.
Exhibitlu
Reduced Mixed Professional POD and R-5 Zoning
That portion of the Northwest 1/4 of Section 36, Township 29 North, Range 22
West, Principal Meridian, Flathead County, Montana described as follows:
BEGINNING at the northwest comer of the Northwest 1/4 of Section 36,
Township 29 North, Range 22 West; thence along the northerly boundary of said
aliquot part, North 89'5713" East 2647.92 feet to the northeast corner thereof;
thence along the easterly boundary of said aliquot part, South 00°05'34" East
1983.74 feet, more or less, to the southeasterly boundary of the proposed U.S.
Highway No. 93 bypass around the City of Kalispell; thence along said
southeasterly boundary of said bypass, South 57°41'00" West 1242.47 feet, more
or less, to the southerly boundary of said Northwest 1/4 of said Section 36; thence
along said southerly boundary of said aliquot part North 89059'28" West 935.63
feet, more or less, to the southeast comer of the Southwest 1/4 of the Southwest
1/4 of the Northwest 1/4 of said,Section 36; thence along the easterly and
northerly boundaries of said aliquot part the following two courses: North
00°04'33" West 661.55 feet and South 89°59'42" West 662.18 feet to the
westerly boundary of said Northwest 1/4 of said Section 36; thence along said
westerly boundary of said aliquot part, North 00004113" West 1984.17 feet to the
Point of Beginning.
Exhibit 1
Mixed ResidentialP1) and ' Zoning
That portion of the Southwest 1/4 of Section 36, Township 29 North, Range 22
West, Principal Meridian, Flathead County, Montana described as follows:
The Southwest 1/4 of Section 36, Township 29 North, Range 22 West, excepting
therefrom the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of said
Section 36.