02. Ordinance 1713 - Zoning with Planned Unit Development Overlay - Joshua & Shelby Farnham - 1st ReadingReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS PARCEL A AS SHOWN
ON CERTIFICATE OF SURVEY NO. I LOCATED SECTION TOWNSHIP s,
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY AG-20 ► TO (NEIGHBORHOOD
,
BUSINESS) WITH A PLANNED UNIT DEVEI,OPUFIITTt,,,VE-I,-.I,A.Y I1TJkCC1&VJ'4AjCr,
f 71 10,17,) i i
DATE.
WHEREAS, Joshua and Shelby Farnham petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land be zoned B-1,
Neighborhood Business, with a Planned Unit Development overlay, and
WHEREAS, the property is located at the northeast corner of the intersection of Three Mile Drive
and West Spring Creek Road, and
WHEREAS, the petition of Joshua and Shelby Farnham was the subject of a report compiled by
the Kalispell Planning Department, Staff Report #KPUD-12-01, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned City B-1, Neighborhood Business, with a
Planned Unit Development overlay, pursuant to Kalispell City Code 27.29.020, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 13,
2012, and recommended that the zoning be City B-1, Neighborhood Business, with a
Planned Unit Development overlay, pursuant to Kalispell City Code 27.29.030, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-1, Neighborhood Business, with a Planned Unit Development overlay,
the City Council finds such zoning to be consistent with the Kalispell Growth Policy
2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and
State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact
of KPD as set forth in Staff Report No. #KPUD-12-01.
NOW O. BE IT ORDAINED BY THE CITY COUNCILO
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above as B-1, Neighborhood Business, with a Planned
Unit Development overlay.
SECTION II. The Planned Unit Development proposed by Joshua and Shelby Farnham
upon the real property described above is hereby approved, subject to the
following conditions:
General Conditions:
1. Prior to issuance of a building permit for any additional buildings or prior to any further
commercial uses on the property, the property owner and/or developer shall extend a city
water main to the property and install the required number of hydrants based on a review of
the development plan by the Kalispell Fire Chief. The Fire Chief may, at the Chief's
discretion, waive the requirement to extend the water main and hydrant installation based on
the scale of development proposed.
2. Further development of the 3.5 acre site shall require approval of a master site plan to
address the following:
• Building orientation
® Parking
® Internal sidewalks and sidewalk connections
• Landscaping
® Signage
® Infrastructure extensions (water and sewer mains) and improvements (Streets)
This condition or portions of this condition may be waived by the city's site review
committee based on the scale and purpose of the development.
3. Commercial buildings shall incorporate four-sided architecture in their design for review and
approval from the city's architectural review committee.
4. The property owner(s) shall waive their right to protest the creation of a special improvement
district for upgrades to both West Spring Creek and Three Mile Drive as they abut this
property.
5. At the time additional commercial development on the property is proposed, plans shall be
submitted to the city to upgrade West Spring Creek Road and Three Mile Drive, along the
property's frontage, to city urban minor arterial standards which includes but is not limited to
the following:
® Possible additional right-of-way dedication to the city
• Widened pavement
® Improvements or reconstruction of the road sub -base
® Bike lanes or sidewalk on the abutting side
® Curb and gutter,
• Landscaped boulevard with street trees
® Sidewalk
® Street lighting
® Appropriate right-of-way and construction of turn bays at the major intersections (to
be determined by the Kalispell Public Works Department)
Approval and timing of the road upgrades shall be reviewed and approved by city staff. The
installation of the upgrades will be based on the location and scale of existing and proposed
development.
6. A development agreement shall be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site that shall be
completed and signed by the city and property owner prior to the operation of the drive -
through coffee stand.
SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
CITY OF KALISPELL, MONTANA, THIS D.
Tammi Fisher
Mayor
Theresa White
City Clerk