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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