#3 Spring Prairie PUD Amendment (2004)2 0 0 4 0:01,43
AMENDED SPRING PRAIRIE
PLANNED UNIT DEVELOPMENT AGREEMENT
PARTIES ANDPURPOSE: This Agreement was originally made and entered into the 3rd
day of December, 2001 by and between the State of Montana a Department of Natural Resources &
Conservation (hereinafter "NRC", 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 3 12 - 1 st Avenue East, Kalispell, Montana 59901.
Pursuant to the request of DNRC, and consensus of the City, by Ordinance 1486 dated the 1 th day
f December, oo and by recommendation of City staff 1 1 -03-01 j dated the 1 tb day o
November, 2003 the Agreement is hereby amended as Follows:
WHEREAS, The State of Montana Department. of Natural Resources & Conservation is the
owner of certain real property located in Flathead County, Montana, which is further described i
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 PU overlay to
city zoning classifications; and,
WHEREAS, In order to allow the PUD, assure the installation of Infrastructure w1f1 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 hoard of County
Commissio ers in 1. 9 99; 0i the adopted plan is further subi ect to an environmental lrnpaet statement
performed ed under the Montana Environmental Policy .Act} iii and further subj ect to the Record Of
Decision (ROD) establishes additional parameters to development and i a Memorandum of
Understanding M01 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,
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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 by applying a PUD overlay to the underlying zoning classifications.
1. DEFINITIONS
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 of 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, C, 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 means the Easement(s) described In §3-04 of this Agreement.
1. Section 36 Plan means the Neighborhood plan approved by the City of Kalispell and Board o
Flathead County Commissioners and 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 potion of the Subject Property generally lying In the N 14 of
Section 36 and as more particularly described in Exhibit B.
.10 Mixed Professional means that portion ofthe Subject Property lying generally in the NW 1/4 of
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 SWI4 of
Sc tion 36 and as more particularly described in Exhibit . .
1.12 Sports Fields means that portion of the property generally located in the SE 1 of Section 3
and already zoned P-1 and previously annexed into the City of Kalispell.
L13 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 Final Environmental Impact Statement means a document released as a Final Environmental
Impact Statement (FEIS) by INRC on July 26, 2001 relative to proposed actions associated with
school trust lands located in Section 36., Township 29 N. Rance 22 W, P.M.M., Flathead County
Montana.
1.16 Recordof Decision means a declsion document issued by DNRC on August 1. 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.
1.17 Substantial Completion shall mean that substantially tially 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.
1.18 Infrastructure means all water, seer 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 Voris 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 tens are: building construction;
parking lot paving; final landscaping in and around the buildings and parking lots ; lighting;
slgna e; and the service lines to each building.
1. 19 Section 36 means land owned by the State of Montan.a as School Trust Lands (Section 3 6, T 29
N, R 22 W, PAIAI., Flathead County Montana) and administered istered by the DNRC and as more
precisely described by Exhibit A.
1.20 School Trust Lands .mean lands granted to the state of Montana by the Enabling Act of
February 22,1 9 (and subsequent acts) for support of the cocoon schools.
1.21 DNRC means Mate of Montana/Department of Natural Resources and Conservation.
1.22 Applicant shall mean any party assigned by the DNRC that has been provided development
rights by INC for any portion of the Subject Property. Applicants shall be granted all appropriate
and necessary rights to allow Applicant to obtain approvals for and construction of such property
designated by DNRC.
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. GENERAL DEVELOPMENT AND USE of THE SUBJECT PROPERTY
2.01 Development Overview
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) t is agreed between the parties, that the development of the Subject Property will include
the following:
(1) A land use nap, which identifies three land use pods and a proposed
alignment of internal collector roads to be built In phases as
development occurs (Exhibit E1;
(2) A list of permitted uses associated with each land use pod;
(3) A phasing schedule of development;
t;
(4) Description of Infrastructure as described in the FEIS for use in
planning and bonding purposes;
(5) Annexation of the Subject property into the city limits of Kalispell;
(6) Extension of city water and sewer services by DNRC or its assigns 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 variety of commercial
industries are appropriate and where community design to minimize
the appearance of strip commercial development is desirable,
including restriction of allowable uses as might otherwise be
permitted or conditionally permitted in the B-5 City of Kalispell
zoning classification. 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 pernIttd
uses is 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
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operations or practices. However, technology uses are given priority
cons ideratiolli.
(2) MixedProfessional: 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 fort. in Kalispell Zoning Ordinance
Classification R-5 and as otherwise modified by this Agreement. Ile
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 POTS.
(3) Mixed Residential: a district providing opportunities for development
of residential uses, offices, and other* 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-4 and as otherwise Modified by this Agreement.
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
e modified to encourage development of schools in this POD.
(D) The creation of individual lots or lease lots) will be subject to s r divislon review
concurrent with specific project proposals. Subdivision approval will verify compliance with the
provisions of the PUD Agreement and covenants and ideritify reqdirements for extension of utility
services. BODdin requirements to guarantee completion n of the required infrastructure (roads, water,
sewer, etc) will be accomplished via the subdivision approval process, The Infrastructure
requirements as described in the FEES may be referenced by the City in fixing any conditions for
subdivision. approval. Infrastructure improvements shall accommodate the reeds of future
development within each POD, such as planning for goad, water, and surer extensions beyond the
immediate project area.
(E) General performance standards applicable to the Subject. Property arc as follows:
(1) Transportation and Parking
a General access to the commercial district beginning at west
Reserve Drive and ending 1 mile south. along U.S. Highway 93 shall
be limited to no more than 3 approaches. Additional approaches
south of the aforementioned area stall also be allowed as approved by
the access -permitting agency. New approaches onto Reserve Drive,
Stillwater Road, and Four rile Drive shall generally be limited to a
minimum spacing distance of 1,300 feet or as otherwise authorized by
the access -permitti, agency;
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. .All uses shall have direct access from the inter al road
systems.. No direct access to a particular use shall be permitted from
the Highway or the other perimeter public roads as listed in la, above;
e;
e. 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_ Al roadway improvements shall be built in accordance
with city of Kalispell road design standards;
e. Roadway design shall include provisions for landscape
boulevards and sidewalks, A like and pedestrian path systeni shall
generally flow the i tem l collector road system with outlet
connections to path systems eternal to the property, including
connection to the proposed Meridian Four Mile Drive bike path;
f. Lighting shall he shielded and directed downward-, and,
. Parking space requirements and general parking lot design
shall he guided by the parking and loading provisions of the City of
Kalispell Zoning Regulations, except as noted herein. Parking lots in
the Mixed Commercial and Mixed Professional PODS may extend to
ithin 5 feet of any lease iot boundary, pros ided a 5 foot wide
exterior landscape buffer adjoins the extended parking lot. In
locations where the parking lot adjoins a landscaped common area, no
setback from the lot lease boundary is required.
(2) Landscaping
a. Landscaping, to include lawn., shrubs, trees, and rock
gardens, shall comprise all open spaces within the boundaries of the
parent lease lot.. Parking lots may extend to within 5 feet of any
lot/lease lot boundary.
b. Buildings in the mixed Commercial and Mixed
Professional PODS shall be set back a minimum of 20 feet from the
side, front, side comer, and rear of the parent (not sr blots) to lease
lines.
c. Parking lots serving multiple businesses where the area for
parking spaces exceeds a lineal length or width of 20 feet shall
include internal landscape islands having minimum dimensions of
feet by 18 providing one island for every 15 contiguous parkin;
spaces when such space are located interval to the parking lot (not
abutting the perimeter boundary to the parking lot or store front),
The number ' cont o s cars per island may increase p to a I*m'it
of 20 provided that the associated landscape island proportionally
increases in width i.e. a row of 20 care is a 33% increase over the
maximum 15 space standard, therefore the island width would
increase % .
. A landscape boulevard having a minimum width of 4 feet
shall parallel both sides of the collector roads shown on the
neighborhood plan reap. Street trees acceptable to the City o
Kalispell sail be planted at 40 to 50 foot intervals as appropriate.
e. Sidewalks or pathways shall connect developed properties
from roadside sidewalks (see le, above) to building entrances in a
continuous manner.
`. All landscaped areas sail be irrigated and routinely
maintained by Developer or its assigns; and
. An JMiga ed 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 common corridor, 10 feet
in width shall parallel West Reserve Drive and be completed in
phases to correspond with development activity.
...landscaped beds and parking lot landscaping islands shall
he mulched with either naturally decomposing material (bark) or
snail gravel mulch 1 "-" rounded river rock mulch is strongly
discouraged. In high traffic areas* an urban design approach to
islands (concrete with trees in grates or patterned colored concrete
type designs) is encouraged but not required.
3. Building and [lease] Lot Parameters
a. Buildings should not exceed 35 feet above the final grade
in the Mixed Residential POD, 40 feet in the Mixed Professional
POD and 45 feet in the Mixed Commercial POD. Such height
limitation may he exceeded in the mixed commercial POD by
issuance of a conditional use permit.
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b. Applied finishes of buildings shall be predominately earth
tore;
c. Buildings may have an orientation towards the inter -al
road system however, if the building ""fronts'' in another direction.,
four sided architecture shall prevail and the side facing the intemal
street shall contain front architecture features and treatment .
d. Ground and wall signs as limited below may be used to
identify asingle use lease lot or multiply uses within common
lot/lease area. Ground signs shall have natural earth tones and not be
fabricated primarily of exterior plastic, Plexiglas or similar materials.
The ground sign may have internal lighting or sign mounted external
lighting. Shielded lighting may be provided from ground -mounted
fixtures directed towards the sign face. Ground signs may have
concrete or similar mounting base but in no situation shall the total
height of the sign exceed the size and height standards for
freestanding signs as specified in gable 1 of Section 27. .0 0 1 d of
the Kalispell Zoning ordinance, In addition, freestanding signs shall
be capped at 24 feet in total height and 1 square feet it total surface
area. There shall be no more than a total of 3 free standing ground
signs, one for phase one, one for phase 2 and one for phase 3. The
freestanding signs shall be constructed as presented in exhibit 1 A and
shall only advertise the name of the primary tenant of the phase and
the name of the development. Wall signs may have internal lighting
and shall not exceed a sign face area as provided in the City of
Kalispell Zoning Ordinance.
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 sigrage
plan that involves other types of building signge, such as canopy
signage, may n be permitted subject to the review and approval of the
City of Kalispell site Development. Review Committee. Residential
uses shall be permitted signage as otherwise permitted by the City of
Kalispell zoning regulations. All other provisions of the Kalispell
sign regulations shall apply subject to the restrictions setforth heren);
f. The exterior appearance of commercial buildings with.
"backs"' facing, adjacent, and visible from Highway shall contain
architectural elements found on the "front" portions of the buildings.
Walls and surface p I anes should be broken up in such a rran ner as to
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create a visual interest, avoiding monotony. Notwithstanding
anythina contained herein to the contrary, facades that do not have
frontage exposure to US Highway 93 should have appropriate
elements that create visual interest;
. . Lease lots with single or multiple buildings shall have
sufficient area to accommodate the size of the proposed building(s)
and required ors -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 uildi . s with multiple
tenants and/or uses or be comprised of multiple attached or detached
buildings. In such situations, landscaping, parking, and intema access
shall be common to all buildings within the lease tot; and
i. Commercial buildings or combination of buildings s on a
single lease lot exceeding 60,000 s . ft. total gross floor area here
no sub -lots have been established) shall be set back a minimum
distance from L .S. Highway 9 3 as follows: Phase I — 300 feet, Phase
2 — 225 feet and Phase 3 — 150 feet.
. Extension of Services
a. All required services shall be underground; and
. 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, Imo.
b. Phase I (Exhibit ) 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 Iarge"'
from "small" or "commercial" from `"Ind strial�� may
be appropriate within the Commercial ,SOD.
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11. Development design is intended to avoid a
4(pstrip� � commercial appearance with specific exclusion
of certain uses.
Ili. The area of the Mixed Commercial PO
will be extended to Include the entire NE 1/4 of Section
3 6 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 -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, f`wired" motel, etc). Retail
stores exceeding 10,000 sure feet per More 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 % of the originally- sized Mixed Commercial
POD is leased for deveiopre..t.
�J. if business and technology uses fail to
achieve a 40,000 square foot floor area leasing
threshold within 5 years following execution tion of this
agreement, ent, or if the }proposed business and technology
park 'as proposed by Hampstead Partners fails to
proceed within 2 years following the execution of this
agreement, then the original Mixed Commercial and
Mixed Professional boundaries (Exhibit shall be
restored and the retail restrictions removed to permit
all the uses listed in Section 2.02 of this Agreement.
The City agrees that if the proposed business and
technology park, as proposed by t ampstead Partners
falls to proceed within 1 year fo.11o v ng the execution
of this agreement, it shall provide marketing
assistance to the Developer to achieve the goals set
forth above.
vli. If business and technology uses fall to
achieve a 120,,000 square feet floor area threshold
within 10 years following the execution of t lS
agreement, then the boundaries of the original Mixed
Commercial POD (Exhibit shall be restored and
the retail restrictions removed to permit all the uses
listed in Section 2.02 of this Agreement.
c. Phase Tl (Exhibit Q is the Mixed Professional 1.
i. Clustering of uses is preferred to encourage
sharing of roads, parking, utilities, common design,
and to prevent a scattered development pattern within
the POD.
ii, l fill of developed uses, with some
exceptions, such as schools, agricultural facilities, and
equestrian facilities, shall be from east to west. The
"Section 36 Neighborhood Flan Map"' also designates
an area along Stillwater Road that is excluded from
nonagricultural development until the year 2010.
Schools and a natural resource agency campus may
build at any time within the Mixed Professional POD,
including the deferred development area.
iii. Development of non- uses
shall e restricted to no more than 20% of this 0
until at least 0% 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 o calculation.
iv. That portion of the NE 1 of Section
lying within the Mixed Professional POD may he
added to the area of the Mixed Commercial POD as
described i above. The amended legal
description of the Mixed Commercial POD is
described in Exhibit C- L 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 1I1 is the Mixed Residential POD.
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i. Clustering of uses is preferred to encourage
sharing, of roads, parking, utilities, common design,
and to prevent a scattered development pattern within
the POD.
ii. llll of developed uses, with some
exceptions, such as schools, agricultural facilities, and
equestrian Facilities, shall be from south to north or
From east to vest. The "Section 36 Neighborhood
Flan Map�7 also designates an area. along Stillwater
Road that is excluded From non-agricultural
development until the year 2010. Schools may build
at any time within the Mixed Residential Polk,
including the deferred development area.
iii. Development of non-residential and non-
agricultural uses shall be restricted to no more than
2 of this POD until at least 0% of the Mixed
Professional Polk is leased For development or 0%
of this POD is occupied by residential uses, whichever
cores first. This limitation does not apply to public
facilities.
. Supplementary Regulations
ulations
a. Accessory uses shall be permitted as appropriate to a
particular use and as generally set For b ire Section 2 '.2 .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 on -
residential uses in any portion of Section. 36.
b. The greenbelt provisions of Section 27.22.0 0 shall be
interpreted and applied concurrent with subdivision review.
c. If a single lot lease lot contains buildings with multiple
teats and/or uses or is comprised of multiple attached or detached
buildings, landscaping, parking, and internal access shall be common
to all buildings witblin the lot. This provision shall not apply to lots
approved For single family dwellings.
d. The creation of sublots (including for purposes of leasing
may be appropriate in situations involving residential, commercial,
office, and industrial uses.
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e. All other provisions of the Chapter 27.22 of he City o
Kalispell Zoning Regulations shall apply.
(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 he covenants for consistency
with this PUD Agreement and shall revise he covenants as necessary to comply with
the conditions of approval of the PUD. Notwithstanding the foregoing, he applicant
may prepare heir own separate Easements, Covenants, Conditions and Restrictions,
(ECC&R's) between he DNC and the Applicant.
2.02 Uses
.) The uses allowed in he PUD shall be those uses nera ly allowed under the followino,
zoning classifications and as otherwise limited herein:
1) Mixed Commercial OD - zoning Classification -
2) .mixed Professional essional POD Zoning Classification R-
3) Mixed Residentia .Po . Zoning Classification -
(B) The Mixed Commercial POD 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)
Barber & beauty services, massage parlor, etc
) Cultural facilities (museums, eums, heaters, libraries, etc)
) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons, educational
research or incubator facilities, etc)
) Financial services and institutions (banks, credit unions, mortgage
companies, savings & loans, etc)
) Healthcare (medical office dental orthodontic, in-
patient/outpatient facilities, pan acics, diagnostic services and
treatment, etc)
8) Office, professio al govemmental
) 'ark, private or public (may include open space, trails, passive or
developed facilities, etc)
10) Public assembly buildings (assembly balls, coliseums, stadiums,
convention center, etc)
11) Public or quasi public building structures (fire/law enforcement
stations, community /homeowner facilities, water tower, electrical
distribution/stationsdistribution/stations lines, telephone relay equipment, etc)
.2 Radio/television broadcast stations, inter et companies. etc
3 Recreational facilities{ outdoor/indoor,, private/public or quasi -public,
ommereial on-commer is (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'busxess parks (may include indoor assembly
of parts, limited outdoor storage, product 'distribution)
15 Restaurant (deli, bakery, fast food, sit-down, beverage shop, drive
througb, etc) and incidental casino use. Incidental casino use.
Incidental casino use is limited to % of the gross floor space of a
fully bonifid , freestanding restaurant facility (as opposed to a gas
station —restaurant -casino arrangement for example). The casino floor
plan must be visually separate from the primary use of the building as
a restaurant. There can be no outside indication of a casj*o or gaming
activity including signage in a window, on the building or the premise
and no excessive lighting or attraction to indicate such a use. This
includes but not limited to reference to words or symbols associated
with the gaming industry such as gambling, gaming, poker, chance,
casino, live betting, daily take or pot, card game, dice, $, etc.
1 Retail facilities/enterprises (clothing, convenience, food, sporting.,
book, office products, drug, computer, phone, hardware, tire,
plumbing, electrical, furniture, art, household, gifts, mall, warehouse
discount, etc)
1 Tourist accommodations (.motels, hotels, bed & breakfast,
campground, d, recreational vehicle park., etc)
1 veterinary services and facilities
19 worship buildings (churches, synagogues, etc)
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(C) The Mixed Professional POD is limited to the following permitted uses.
.) Agriculture (farming, livestock, riding; academies, stables,
horticulture, nursery, etc)
2 Automobile convenience (fuel, wash, & convenience retafl, only, i.e.
o mechanical service)
3 Barber & beauty services, massage parlor, etc
4) Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
iversi bes, trade schools, music, dance, theater lessors, educational
research or incubator facilities, etc)
Financial services and institutions (banks, credit unions, mortgage
companies, savings & loans, etc)
7) Food/grocery store
8) Healthcare (medical officeslelinics, dental/orthodontic, In-
patient/outpatient facilities, pharmacies, diagnostic services and
treatment,, etc)
9) Office, profession l/governmental
10 Park, private or public (may include open space, trails, passive or
developed facilities, etc)
11 Public or quasi public buildings/structures (fire/laver enforcement
stations, community[homeowner facilities, water tower, electrical
distribution/stations lines, telephone relay equipment, etc)
1 Radio/television broadcast stations, inter .et companies,, etc
13 Recreational facilities, outdoor/indoor, private/public or quasi -public,
commercial/non-commercial (teals courts, bowling alley, golf
course, ice skating arenas, ball fields, swimming pool, zoo,
amusement park, community center Byrn, heald-iffitness club, driving
range, etc)
1 Restaurant (excludes des food drive -up service but permits drive -tip
beverage service and take and bale establishments and sit-down
facilities)
1 Retail enterprises less than 3000 square feet In gross floor area
(excludes tavern, gaming, or casino facilities operations
1 veterinary services and facilities
1 Worship buildings churches, sy a o sues, 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 in the Mixed Professional
o.
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(D) The Mixed Residential POD is limited to the following permitted uses.
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 (nay include open space, trails, passive or
developed facilities, etc)
5) Public or quasi public buildings/structures (fire/law enforcement
stations, community 1homeowner facilities, water tower, electrical
distrib tion stations lines, telephone relay equipment, etc)
6) Recreational facilities (limited to non-commercial facilities)
7 Residential (day care or day care centers; dormitories or fraternities
(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 in the Mixed Residential POD.
(E) rope ty development standards for the Mixed Commercial POD relative
to 1 minimum lot area., minimum lot width, minimum yards, maximum
building height, permitted lot coverage, off-street parking, and 7 maximum
m
fence height shall be consistent with Section 27.17.040, City of Kahspell Zoning
Ordinance .KZunless otherwise specified herein by the listed performance
standards or by language within the adopted .neighborhood plan (see Section.
27-22. 1.2o1� KZo)i
(F) Property development standards for the Mixed Professional POD relative
to 1 minimum lot area, 2 minimurn lot width, 3 minimum yards, maximum
building height, permitted lot coverage, (6) offstreet parking, and maximum
fence height shall be consistent. with Section 27.08.040, City of Kalispell Zoning
Ordinance KZunless otherwise specified herein by the listed performance
standards or by language within the adopted neighborhood plan (see Section
(G) development standards for the Mixed Residential POD relative
to 1 minimum lot area, minimum lot width, minimum yards, .maximum
building height, 5 permitted lot coverage, off-street parking, and 7 maximum
fence height shall be consistent with Section 27.07.040, City of Kalispell Zoning
Ordinance KZunless otherwise specified herein by the listed performance
standards or by language within the adopted neighborhood plan (see Section
2W, 4. 0 1? 3 � L -C) � C�
H) DNRC or applicant shall require all proposed i+ses developments and
buildings to be subject to architectural review in accordance with a separate
Agreement between the DNRC and the Applicant. A staff representative form the
City of Kalispell shall serve on the committee in an advisory capacity at its
discretion. All structures shall conform to the relevant city of Kalispell Building
Department regulations. Architectural consistency between building types with 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. Landsaping is intended to complement the travel ways,
parking lots, buildings, lots, and common areas see 2.0, (2),
and of this Agreement).
2 Landscape materials shall be comprised of ornamental and native
punt species common to the general community. Boulevard trees
shall he consistent with the approved species list of the City of
Kalispell.
3 Exterior lighting along travel wars and parking lots should b
directed downward. Omamental 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 buil dIn s i s intended to be, comp imentary 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 thebuilding 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 ofb i I d ing design common to all land use types
will include the following components.
a. Exterior wall colors should harmonize with the site
and surrounding buildings. The pre -don inate tone on
building faces should tend toward warm earthy hues, whether
�.0;0a073 1 (4o a1G
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 good, brick or stone for true material is encouraged.
b. Large, rectangular masses should be avoided
by incorporating offsets in the wall and roof. ,A change in the
plane of the walls, changing the direction or providing some
variety in the goof form gives diversity and visual interest.
Facades greater than 1.20 feet in length shall have variation
and interest in the wall. Among other things, major
landscaping., significant tree planting, use of color or building
materials or architectural treatments would be in order.
c. Commercial buildings non-residential) should
place an emphasis on entry. Entries should he 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 mechanical
systems stall he shielded from view from 5"-" above ground
plane of US Highway 93 as seen at a 90 degree angle 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 may be subject to
modification to achieve the sign, color, and building style
objectives set forth by this agreement. Colors and materials
of franchise architecture shall be similar to or compatible with
the materials and colors of Spring Prairie Center as identified
in a separate Agreement between the DNRC and the
Applicant.
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?4�ED"� t La1C
g. Architectural elements of the front of the building
shall be incorporated into the back of buildings when the back
o -.he building is visually accessible from U.S. Highway 93.
2.03 Ownership
The State of Montana may retain ownership of the Subject Property or Teased 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.
2.0Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Agreement and attached drawings o
the PUD Application of DNRC, the laws, rules, and regulations of the City of Kalispell governing
the use and development of 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 th i s Agreement shall become effective simultaneously with approval of the
PUD ordinance.
Ill. SITE CONDITIONS
.01 Development
The Subject Property shall be developed in substantial compbance witb the Section 36 Plan
and as further described by the Record of Decision issued by DNRC on August 10, 2001. and as set
forth in this .Agreement.
3.02 Access
(A) Primary access to the Subject Property shall be as shown on the land use ma
(Exhibit E) of the Plan.
(B) N C has completed a comprehensive traffic impact study, which identifies all
expected traffic impacts and proposals for mitigation.
C DNR C or its assigns or App icant wi I I obtain all .required 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
goad.
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(.C) -D kc
o7 T 4 0 �-3 k
(D) DNRC agrees to be responsible for all required traffic t. n lanes, traffic signals,
and other regulatory signs and signals directly pertaining to ingress and egress to and
from U.S. Highway #9, west Reserve Drive, Stillwater Road and Four Mile Drive
indicated by the traffic study.
(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) Emergency fire, ambulance, police and public vehicle access shall be at all tunes
available through said primary and secondary access without impediment.
3.03 Internal Roadways and Sidewalks
(A) N'RC acknowledges that the development of the Sul ject Property includes
development, at D1 C's expense, of internal roadways providing access to the lots
within the PUP.
(B) I NRC agrees that the interior roadways within the PUD shall he constructed to
CITY standards with C rb gutter, and sidewalks, in accordance with the proposed
Site drawings and applicable City Standards for Design and Construction for local
and collector streets. A paved pedestrianllke path will generally follow the collector
roads .
C) DNRC agrees that they will dedicate all internal streets and sidewalks to the City
of Kalispell upon completion.
3.04 Sewer and water
(A) Sanitary sciver service to the Subject Area shall he accomplished by a
extension of the existing Municipal sewer system.
Water service to the Subject Property shall be accomplished by extension of the
existing Municipal water system.
(C) If a well is used on the premises, it shall not in any way be connected to the
CITY water supply system without prior consent and approval by the City of
Kalispell.
All sanitary sewer and water mains shall he designed and installed in
accordance with. the City of Kalispell's Standards for .Design and Construction,
(E) All utility Infrastructure located within the subject Property shall be dedicated to
the public upon completion.
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F izcar Oc'3 1
(F) DNRC agrees to obtain all necessary easements for the extension of water and
sever to the Subject Property. In addition, DNRC will grant to CITY any and all
easements necessary for CITY to perfoxin maintenance of water and sever lines
installed pursuant to the Agreement.
G In the event that CITY requires installation of water and/or sever lines larger
than those required to service the needs of DNRC as set forth in its total
frastrucure requirements delineated at the reference 2.0l , ten CITY shall
pay only those costs associated with the. increased utility main sizing or extension.
(H) no event shall this Agreement ent e 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 oftie Subject Property.
I Following comp e ion of installation of the sewer and water I in es on th e Subject
Property by DNRC, it is agreed that the said utility lines shall 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.
3.05 Storm Water
(A) Storm Water retention, drainage, and disposal shall be designed in accordance
with regulations of the CITY and the Montana Department of Environmental Quality,
and such other City, State and Federal -'.storm eater 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.
3.06 Site Grading
(A) Prior to commencement of site grading, DNRC agrees to obtain are Air Quality
Construction and Demolition Permit from the Director of Public works, and t
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
+�a1�n��I(o2I 6
fire, suppression system for the buildings to be constructed on the Subject Property,
which will be in accordance with the Uniform Fire Code and will be acceptable to the
Fire Chief.
(B) DNRC agrees to install hydrants, water maims, supply and storage units i
accordance with City of Kalispell Standards and to obtain approval thereof prior to
construction from the City of Kalispell Fire Chief.
3.08 Landscaping
(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 -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 -foot intervals, which are a minimuinof 2-1 inch caliper at planting.
D The overall landscape plan shall he 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.
IV- CITY SEWERIWATER CONNECTION FEES
.01 Connection Fee Schedule
A Correction 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 effect at the time of the application for a building permit.
(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 'erg t 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) may be untitled to reimbursement of a portion of the costs of installation
and extension of grater and sever utilities from future users who connect to extended
water and sever facilities, If DNRC anticipates the need for reimbursement of cost,
DNRG'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 in advance of
construction. Costs shall be recovered through a developer's extension agreement er t and
will be subject to the following conditions.
1) No reimbursement will be allows for any costs also .xated
with meet the utility requ ireme .ts for de elopr ent of the Subject
Property. These costs shall be determined by DNRC" 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 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 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 forks for review and
concurrence that said costs are appropriate for reimbursement. Said
costs shall be the actual costs of construction, inclusive of
en,giDeering and inspection cosh, and shall be submitted as specified
within thirty 3 days of substantial completion of the work.
4) A developer's extension agreement shall be prepared b
NRC" s engineer and submitted to the Director of Public Works for
review and co. c rren e. The agreement shall identify the costs to be
reimbursed, the properties beuefitted by the extended utilities, and the
proportionate cost to be reimbursed rsed by each benefitted property upon
connection to the extended utilities. The agreement shall identify the
recommended method for apportioning reimbursable costs between
the benefited properties. 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 shah
subunit the proposed developer's extension agreement ent to the Kalispell
City Council for approval.
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7r04093 C 2 f
6) Future extensions by the CITY of utility facilities covered
by this PUD agreement shall not be subject to the cost reimbursement
outlined in this section.
v. ATWENDMENT OR MODIFICATIONS of AGREEMENT
.1 Amendment or Modiffication Procedures
This Development rent 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 o .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.
(B) All amendments and modifications of this Agreement, other than 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 1.0 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) the amendment or .modification requested is of such a nature as to require
approval of the City Council, the Site Review Committee shall refer the matter to the
City Council within fifteen 1 days after it determines the natter to require Council
review.
(F) N C may appeal the decision of the Site Review Committee to the -City
Cou cii, who may affirm, reverse or modify the site Review Committee decision.
03 I Co Z 16
v1. MISCELLANEOUS
.01 Severabilfty
n 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 he
sever able and the remainder of this Agreement shall continue to be of full force and effect.
6.02 Recordation
This Agreement shall be recorded in the office of the Flathead County Clergy. and Recorder,
6.03 Entire Agreement. Primacy
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 tare
precedence.
6.04 Integration
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 spercedes
any other written or oral agreements or representations between the parties. This Agreement can be
modified only in writing, signed by all parties hereto.
.' Binding Effect
This Aoreernent shall e binding upon and inure to the benefit f the respective parties, heirs,
successors and assigns.
Dated this 2nd day of February, 2004.
DEPARTMENT of NATURAL RESOURCES
Y a x
Jon A. Dahlberg
Area anager, Northwestern. Lan office
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COY of KA ISPEL
y;
Chris A. Kukulski
City Manager
STATE OF MONTANA j
ss.
County of Flathead )
d 0 €P40�'3
Atti
M
Theresa White
City Clerk
On this —J day o ' --------------- , Zoo , before me the undersigned, a Notary c for the
State of Montana., personally appeared a -known to me to be the
authorized representative for the Department of Natural Resources, the person. whose Warne is
subscribed to the foregoing instrument and acknowledged to me that he executed the same on behalf
of the said,entity.
.4 x -
4 a '
tl
.rotary Public for the State of Monta
Residing at L &. r- f,- Lk— -
My Commission Expires Jam- -5- Z'4D6
STATE of M NTANA
County ty of Flathead
On thisi - - ?A
day of 2004, before me the undersigned, a Notary Public for the
State of Montana, personally appeared Chris A. K k .lski, known to me to be the City Manager for
the City of Kalispell, and Theresa White, the City Clerk for the City of Kalispell, the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that they executed the
same on behalf of the City of Kalispell.
SEAL IT
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