1. Ordinance 1723 - Zoning with PUD Overlay Gardner Investments LLC - 1st ReadingPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager P?111
FROM: Sean Conrad, Kalispell Planning Department
SUBJECT KPUD-13-01
MEETING DATE: April 15, 2013
BACKGROUND: The Kalispell City Planning Board met on March 12, 2013, and held a
public hearing to consider a request from Volkswagen Real Estate and Gardner Investments for a
planned unit development (PUD) overlay zoning district. The PUD would permit the construction
of a Volkswagen dealership on one lot (Parcel A) with the intention of attracting similar or
complimentary businesses to the auto dealership on the second lot (Tract 2).
The two tracts of land included in the PUD request are located at the southeast corner of the
intersection of Highway 93 South and Willow Glen Drive. The two tracts of land can be legally
described as Parcel A of Certificate of Survey #19299 and Tract 2 of Certificate of Survey #6628
located in the SW '/ of the NW % of Section 28, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
At the public hearing the planning board heard from Ken Kalvig of Kalvig & LeDuc, P.C.,
representing Montana Venture Partners. Mr. Kalvig made a presentation regarding the issues his
client has with the PUD application. Specifically, the PUD application lacks detailed
information on how the development will connect to the city water and sewer mains in the area.
Mr. Kalvig also requested the planning board review the information he submitted on past
PUD's the city has approved and concerns with the PUD before them. In addition to Mr. Kalvig
two other members of the public voiced their concerns on the PUD project. Mr. Miller and Mr.
Wachholtz requested that the water and sewer plans for the project be submitted now and the
latecomer's fees be paid for the connection to the adjacent water and sewer lines. Howard Mann,
developer of Silverbrook Subdivision, also voiced his concern of the latecomer's agreement as
he is in the same position as Montana Venture Partners on the north end of the city.
Speaking for the project was Mr. Larsen and Mr. Liechti of APEC Engineering, Jeff Brown of
Glacier Volkswagen, Todd Gardner and Davar Gardner. Mr. Larsen noted his clients had
concerns with several of the conditions listed in the staff report and spoke to those conditions.
No one else spoke at the public hearing and the hearing portion of the meeting was closed.
A motion was made and seconded to approve the PUD with the 20 conditions, as amended, in
the staff report. There was discussion between the planning board and staff regarding the issues
raised during the public hearing. A motion to table the project for two weeks was made and
seconded in order to give the planning board members time to review the rather lengthy book of
materials submitted to them at the hearing.
Please note that the materials submitted to the planning board primarily contain copies of past
PUD projects including staff reports and minutes from meetings. Should council members
request to review the information submitted to the planning board, the binders are available at the
planning department and the city clerk's office. However, a summary of the information
contained in the binder submitted to the planning board is attached.
At the planning board meeting of March 26 h the board moved the project off the table. There
were several questions for staff regarding information contained in the PUD application and
zoning code requirements for PUD applications. Following this discussion the board acted on
the original motion to recommend approval of the PUD application with the 20 conditions as
amended. The motion was unanimously approved.
RECOMMENDATION: A motion to approve PUD proposal with 20 conditions
recommended by the planning board.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Sean Conrad
Kalispell Planning Dept
Report compiled: April S, 2013
c: Theresa White, Kalispell City Clerk
ORDINANCE NO.1723
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ATTACHING A
PLANNED UNIT DEVELOPMENT OVERLAY ON CERTAIN REAL PROPERTY
CURRENTLY ZONED B-5 (INDUSTRIAL/COMMERCIAL), MORE PARTICULARLY
DESCRIBED AS PARCEL A AS SHOWN ON CERTIFICATE OF SURVEY NO.19299 AND
TRACT 2 OF CERTIFICATE OF SURVEY NO. 6628 LOCATED IN SECTION 28,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Volkswagen Real Estate LLC and Gardner Investments LLC petitioned the City of
Kalispell that a Planned Unit Development overlay be attached to the current B-5
zoning classification on the above described tract of land, and
WHEREAS, the property is located at the southeast corner of the intersection of Highway 93
South and Willow Glen Drive, and
WHEREAS, the petition of Volkswagen Real Estate LLC and Gardner Investments LLC was the
subject of a report compiled by the Kalispell Planning Department, Staff Report
#KPUD-13-01, in which the Kalispell Planning Department evaluated the petition
and recommended that a Planned Unit Development overlay be attached to the
property as described above, pursuant to Kalispell City Code 27.29.020, and
WHEREAS, the Kalispell City Planning Board held Public Hearings on the matter on March 12,
2013 and March 26, 2013, and recommended that a Planned Unit Development
overlay be attached to the current City B-5 zoning, pursuant to Kalispell City Code
27.29.030, and
WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned Unit
Development overlay to the described B-5 zoning, 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-13-01.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. 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-5, Industrial/Commercial, with a Planned Unit
Development overlay.
SECTION 2. The Planned Unit Development proposed by Volkswagen Real Estate LLC
and Gardner Investments LLC upon the real property described above is
hereby approved, subject to the following conditions:
General Conditions:
1. The development of the two tracts of land (Parcel A and Tract 2) shall substantially comply
with the following site plan and elevations submitted as part of the Planned Unit
Development application:
A. Site Layout Plan
B. Building footprint site plan
C. Elevations of the proposed Volkswagen dealership.
2. The permitted and conditional uses for Parcel A and Tract 2 are restricted to an auto
dealership, professional office or commercial use complimentary to an auto dealership.
3. The property owner shall maintain the landscaping on their property and from their property
line to the adjacent street or highway.
4. All utilities shall be placed underground.
5. Prior to further development on land shown on Figure 2 the owner(s) shall submit a detailed
PUD layout plan for the area that addresses the following:
• Conceptual design of a frontage road parallel to Highway 93 and identifying which
existing approaches along Highway 93 will be used and the nature of the approach
(i.e. right-in/right-out only, full movement approach or 3/4 movement approach).
• Identify the area and approximate size and specifications of a regional storm water
detention area.
• Approximate locations of north/south streets and east/west streets serving the area
and the type of streets proposed (i.e. local street or collector street).
• A conceptual design for lots within the area that identifies the location of buildings to
the adjacent street and their associated parking lots.
Prior to the issuance of a building permit:
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 owner prior to the issuance of a building permit.
7. The billboards on Parcel A shall be removed.
8. A landscape plan shall be submitted to the Parks and Recreation Department for review and
approval. The landscape plan shall include an irrigation plan and specify tree and shrub type
and size at the time of planting for the parking areas, areas around the building and adjacent
right-of-ways. Note: Based on the eventual street design for Lower Valley Road the street
trees may be required to be located on private property due to the lack of an adequate
boulevard for tree survival.
9. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and
Public Works Department for review and approval. The plan shall show a connection to the
intersection of Lower Valley Road and Willow Glen Drive and include a bike trail along
Lower Valley Road. Note: An asphalt bike trail shall have a minimum width of 10 feet; a
concrete bike trail shall have a minimum width of 8 feet.
10. A traffic analysis shall be submitted to the Public Works Department for review and approval
prior to building on Parcel A. The traffic analysis shall account for future vehicle traffic on
the approximately 55 acres of this PUD and determine the improvements required to Lower
Valley Road based on the anticipated development and traffic volumes.
11. The property owner of Parcel A shall improve the property's frontage along Lower Valley
Road in accordance with the approved traffic analysis. All improvements shall be completed
in accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards; and shall be certified by an engineer licensed in the State
of Montana. All work shall be reviewed and approved by the Kalispell Public Works
Department prior to construction. Note: Prior to work on Lower Valley Road the property
owner or developer shall contact the postal service regarding the temporary relocation of mail
boxes along the section of Lower Valley Road receiving work. After work is completed the
mail boxes shall be reinstalled on same or better stands.
12. Water and sewer main extensions shall be reviewed and approved by the Kalispell Public
Works Department prior to installation.
13. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water management plan that meets the requirements of the current city
standards for design and construction. The approved storm water management plan for on -
site facilities shall be completed prior to the issuance of a building permit.
14. The property owner of Tract 2, prior to connecting to the city's sewer main, shall submit an
analysis on the need for a regional lift station for the area.
15. A certification from an engineer licensed in the State of Montana shall be submitted to the
Public Works Department stating that all water and/or sewer lines have been installed per the
approved plan.
16. Any off -site storm water management facilities shall be installed per the approved plan.
17. All landscaping shall be installed per the approved landscape plan.
18. The bike trails shall be installed per the approved plan.
19. A certification from an engineer licensed in the State of Montana shall be submitted to the
Public Works Department stating that the improvements to Lower Valley Road have been
built as designed and approved.
20. The property owners of Parcel A and Tract 2 shall obtain the appropriate permit for the
approach onto Highway 93 and receive an approval from MDT on the completion of
conditions or requirements attached to the approach permit. The approved approach permit
and MDT approval shall be submitted to the Kalispell Planning Department.
SECTION 3. 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 4. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS — DAY OF , 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
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KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
MARCH 12, 2013
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Phillip Guiffrida, Rory
Young, Charles Pesola, Richard Griffin and Matt Regier. Ken
Hannah was absent. Tom Jentz, Sean Conrad and P.J. Sorensen
represented the Kalispell Planning Department. There were
16 people in the audience.
APPROVAL OF MINUTES
Guiffrida moved and Pesola seconded a motion to approve the
minutes of the February 12, 2013 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one wished to speak.
GARDNER INVESTMENTS/
A request from Gardner Investments LLC for a planned unit
VOLKSWAGEN
development (PUD) zoning overlay approval for two tracts of land
DEALERSHIP PLANNED
located at the southeast corner of the intersection of Highway 93
UNIT DEVELOPMENT
South and Willow Glen Drive. The PUD is requesting approval to
develop both tracts of land to accommodate an auto dealership on
one tract of land and either an additional auto dealership or similar
supporting business on the second tract of land. Both tracts of land
are currently undeveloped.
STAFF REPORT KPUD-13-01
Sean Conrad, representing the City of Kalispell reviewed Staff
Report KPUD-13-01 for the board.
Conrad said this is a PUD request for two pieces of property on
Highway 93 South and were part of an 82 acre annexation
approved in November 2008 which runs from Lower Valley Road
south to Snowline Lane. There were several buildings on the
properties but the majority of it was undeveloped at the time of
annexation.
When the city council approved the annexation request they zoned
the property B-5 which is an industrial business zoning district and
also put a PUD placeholder on the entire 82 acres. The PUD
Placeholder ensures that when development came in for either all
of the 82 acres or portions of it the planning board and city council
would have a chance to review the development looking at the
integrity of the development, access points and make sure it was
done in a manner that reflects the rest of the city.
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 1 of 11
Conrad continued the PUD includes 2 existing lots of
approximately 7.6 acres, the northern lot would be the site of a
future Volkswagen dealership and the southern lot would be
possibly another dealership or a similar type use.
Conrad reviewed the proposed site layout for the board and noted
the area along Lower Valley Road and Highway 93 South would
be landscaped and eventually a bike path that would continue south
as the other lots/tracts develop.
The two lot PUD request included a preliminary sketch that would
include a regional storm water facility. Staff noted an existing radio
station encumbered an extensive amount of the site to the south.
Conrad noted there is a recommended condition of approval that
states prior to further development beyond this two lot PUD the
property owners will come back and give the city a better idea of
how the remainder of the property would be developed including
frontage roads and connecting streets, storm water facilities, water
and sewer lines, etc.
Conrad noted after the staff report was sent to the developer they
had a question on condition #5 and asked for clarification on the
exact property that was referred to as "the land under the B-
5/PUD" and that it not be tied to further development of the two
lots under this PUD. Staff is therefore recommending the following
amendment to the first paragraph of Condition #5: "Prior to further
development on land under- Ns B 5/PUD shown on figure 2 the
owner(s) shall submit a detailed PUD layout plan for the area that
addresses the following:"
Staff recommends that the Kalispell Planning Board adopt Staff
Report KPUD-13-01 as findings of fact and recommend to the
Kalispell City Council that the PUD overlay zoning district be
approved subject to the 20 conditions, as amended, listed in the
staff report.
BOARD DISCUSSION Rory Young asked for clarification on compatible uses for the
adjacent property and Conrad said when he talked with APEC they
were looking at another auto dealership. Compatible uses could
possibly be a car wash, oil change business, retail businesses or
office space that would complement the VW dealership. Conrad
said the B-5 zoning district allows a wide variety of land uses —
anything from gas stations and truck terminals to bakeries and
banks, and everything in between. The uses could also be expanded
as recommended by the planning board and discussion with the
developer. The city does not have a definition of compatible uses.
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 2 of 11
Guiffrida noted the very lengthy document that was presented by
Montana Venture Partners, LLC to the board this evening and
asked if staff had an opportunity to look over the document and
Jentz said he has reviewed the document.
Graham asked if staff could clarify what private property would the
street trees be required under condition #8 and Conrad said the
property where the Volkswagen dealership would be located.
Conrad added the reason that the parks department wanted that
note placed on that condition is because they didn't know the
ultimate design of Lower Valley Road and how wide the boulevard
might be and if the boulevard was too narrow and with traffic and
snow removal the tree might not survive.
PUBLIC HEARING Ken Kalvig, an attorney said he is representing Montana Venture
Partners. His address is 1830 3rd Avenue East in Kalispell. He
thanked the city staff for their assistance in preparing for tonight's
meeting.
Kalvig said they hope the planning board reads the packet and
considers the information which is mandated by Montana Law.
He noted Montana Venture Partners, LLC, are the developers of
the Old School Station project south of Kalispell. Kalvig said they
are interested in quality development especially along the Highway
93 South corridor and he added the city's growth policy calls for
quality development in Kalispell and for planned unit
developments on larger projects. Kalvig continued they want to
know what the plans are for sewer and water service to this site and
the larger Gardner 80+ acre PUD and how it will join to Kalispell's
existing infrastructure. Montana Venture Partners has a vested
financial interest in this issue.
Kalvig said the PUD process requires an applicant to include its
plans for many aspects of the development including sewer and
water and that information needs to be included with the
application for public review and scrutiny. This information was
not provided in the application materials. Kalvig said there have
been discussions between the applicant and the city regarding a
regional wastewater lift system that would redirect wastewater
away from the infrastructure that Old School Station put into
Highway 93 but there aren't any firm plans at this time. Kalvig
continued when they hear there isn't an overall concept plan for
this development because of the radio station and towers on the
property it begs the question why is there discussion about a
regional wastewater lift station when thinking about servicing a
larger area. The PUD process is the time when those ideas should
be on the table for public review and discussion.
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 3 of 11
Kalvig went through a power point presentation including Montana
Venture Partners and the Highway 93 South sewer and water
extensions that were completed a few years ago. (A copy of the
slide presentation is attached to these minutes).
Kalvig made the following points:
• Sewer and water lines were upsized, extended, and financed
by Montana Venture Partners in order for Old School
Station to be annexed into the city.
• Morrison & Maierle conducted a needs study for capacity
not only for the Old School Station project but for future
development of surrounding properties to determine the
size of the line. The report indicated that the service area
was approximately 3000 feet on either side of Highway 93
South which included the Gardner property on the northern
boundary and the Old School Station property along the
southern boundary.
• The city's 2008 Highway 93 South Corridor Growth Policy
Amendment map includes nearly the same properties that
were included in the service area map. In addition the
growth policy indicated the recent extension of water and
sewer along Highway 93 South is available to serve all
lands within the growth policy amendment area.
• City of Kalispell Developer Extension (Latecomer
Agreement) brochure references the city's agreement with
Montana Venture Partners for water and sanitary sewer
improvements and noting the general area is south of
Cemetery Road.
• City staff reports for the Gardner and Siderius annexations
and PUD placeholders indicated that these properties are in
the area intended to be served by the Old School Station
water and sewer lines.
• Kalvig reviewed the location of the Gardner and Siderius
properties within the service area and noted if the idea that
a regional wastewater lift station would be constructed to
service the balance of the Gardner property it would result
in the non-payment of latecomer fees being paid to
Montana Venture Partners and he added hopefully the
same plan would not be proposed for the west side of the
highway.
• Kalvig provided an overview of the properties in the service
area which includes the PUD areas, already developed
areas, city property and floodplain. He said when you look
at the balance of the map the property left that could
develop and use their services it doesn't paint a very pretty
picture for Montana Venture Partners who fronted the cost
of extending the sewer and water.
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 4 of 11
Kalvig reviewed the type of plans that are required to be submitted
with the PUD application with a timeline. He noted the applicant
addressed these requirements by citing the city regulations and
Kalvig said that is not what the PUD regulations say — more is
required. Kalvig added that the changes that took place with the
Kalispell Zoning Regulations and the establishment of the PUD
Placeholder doesn't set up a scenario where you can do a PUD on
80 acres and come in and say we have a vision for 10% of it and
here it is — that is not the way it was intended to work.
Kalvig referred to a letter from Bruce Lutz of Sitescape Associates
that states in part he is pleased to see this project happen and he
welcomes good development but he is troubled by what he has
seen in this application, how it is being handled by the city and
how this sets a different precedent for how things have been done
in the past.
Kalvig said if the city approves this application it will lower the bar
for processing PUD's and if the precedent is set and the standards
are lowered, every other developer will expect the same treatment.
Kalvig reviewed the staff report and noted staff is responsibly
requiring more information prior to the issuance of a building
permit that will address traffic, landscaping, park requirements and
a trail system, storm water, sewer and water. However, Kalvig
concluded, that information needs to be submitted with the
application not after the public process is closed.
Andrew J. Miller, 175 East Many Lakes Drive, Kalispell said he
was a partner with Paul Wachholtz when they came before the
planning board and council with the Old School Station
development. They built a first class business park and wanted to
drive business up to Kalispell and bring growth, jobs, and
opportunity to this community. Miller had to walk away from the
development but he said this is a great project that shouldn't be in
this situation. When they sat down with the city they decided to
upsize all the utilities because they felt there would be growth on
the south side of Kalispell, industrial/technology growth. They put
state of the art technology, infrastructure and fiber optics into this
development and they can make it happen with the help of the city.
Miller added doing what is right is what integrity stands for.
Paul Wachholtz, 183 Fairway Boulevard, P.O. Box 1477, Kalispell
stated he is a member of Montana Venture Partners (MVP) who
developed Old School Station Industrial Park. MVP wants to see
development and quality growth in Kalispell because it is good for
the city and MVP who has a vested interest in what happens south
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 5 of 11
of Kalispell - $4 million dollars in latecomers fees plus a loan
secured by Glacier Bank whose interest is to make sure that MVP's
agreement with the City of Kalispell is as good as the paper it is
written on.
Wachholtz said the PUD zoning process ensures quality
development and the people involved in this development are
quality people. Old School Station was developed and oversized
because of the demands of the City of Kalispell. Wachholtz
described the infrastructure that was put in by MVP and noted they
oversized the infrastructure from Old School Station all the way to
the Four Corners intersection because the city knew there would be
development in the future. In their latecomers agreement they are
allowed to be reimbursed for the cost of up -sizing and when
latecomer fees are paid the city gets a small percentage of that fee
(6%) and the rest, in this case is shipped to Glacier Bank and the
remaining money goes to his loan. When the private section invests
money into these extensions and the city said that they would be
reimbursed for them, that is what is expected. Wachholtz said it is
not where you hook into the services but what land is annexed into
the city system. It might be cheaper to go around and not pay
latecomer fees but that is not what the agreement indicates.
Wachholtz concluded the plans for the sewer and water needed to
be submitted in the PUD process for MVP to review. He is not
against the Gardners or DePratu Ford/Volkswagen but he feels
MVP deserves the latecomer fees which they were promised.
Kim Larson, 1234 McMannamy Draw said he is representing
APEC Engineering located at I I I Legend Trail, Kalispell. Larson
said he is only speaking to the two parcel PUD which is before the
board.
Larson noted they have reviewed the staff report and conditions of
approval and they have the following comments:
Under Item F.2 — Control Over Vehicle Traffic
There is a recommendation from Public Works that as part of the
two parcel PUD that they need to take a look at the entire overall
PUD in relation to Lower Valley Road, that would include the
additional 55 acres, and determine the improvements required to
Lower Valley Road based on anticipated development and traffic
volumes. The developer is only looking at these two parcels not the
overall PUD at this time and they are not sure what will happen
with further development. They would expect to continue the curb
and gutter along the south edge of Lower Valley Road to the end of
the property and they would include bike paths and work with the
city as far as landscaping, etc. Larson said they don't feel that they
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 6 of 11
should have to widen Lower Valley Road to 34 feet, collector road
standards.
Condition #2 — restricting the uses on Parcel A and Tract 2
Larson said the owners are questioning the restriction of the uses
on these parcels to auto dealerships, professional office or
commercial use complementary to an auto dealership because they
don't know what businesses will eventually want to be located on
this property.
Condition #5 has already been addressed by staff
Condition #10 relates to the discussion under item F.2 above
Larson restated they are currently looking at the Volkswagen
dealership and the lot to the south and at this point it seems
excessive to require the traffic study and change the entire route for
what is probably a minimal amount of additional use.
Condition #14 — requires an analysis on the need for a regional lift
station upon development of Tract 2. Larson said at this point the
owners are only looking at the two lots to develop. There are radio
towers and other issues on the remainder of the property but the
reality is that Tract 2 can be served by existing sewer by gravity
feed to the north — without having to worry about a regional lift
station so why should they be required to submit an analysis when
they don't need the regional lift station at this point.
Marc Liechti, owner of APEC Engineering, 111 Legend Trail,
Kalispell stated they have not had a chance to review the submittal
given to the board by Ken Kalvig's office but they would like the
opportunity to review this information. At this point there is a two
lot PUD in front of the board and what will happen in the future
they don't know. Liechti asked planning staff to address some of
the concerns that were raised by Mr. Kalvig.
Jeff Brown, 230 Hartt Hill Drive, Kalispell stated he is partners
with Bob DePratu on the Glacier Volkswagen venture and he just
wants to build the building and sell cars. This has to be a business
that can make a reasonable profit and they can bring a lot to the
City of Kalispell as they did with the Toyota dealership. They have
to do it in a timely manner and affordably and with the economy
the way it is at some point they may have to decide this isn't worth
it. This is a great opportunity for the south side of Kalispell.
Howard Mann, 3154 Parkwood Lane, Bigfork said he is very
concerned because he also has a latecomer agreement and was
asked to oversize the infrastructure to the north at a huge expense.
He can't imagine that the city would allow a development to
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 7 of 11
circumvent the very reason they were asked to put in the oversized
infrastructure in the first place. He too has a reimbursement area
and when you take a portion of that area out the chances of
recouping up -front costs is in jeopardy.
Todd Gardner, 3065 Airport Road, Kalispell stated he is the owner
of most of this property. Gardner noted they proposed the PUD to
be developed in phases and thankfully they did because they didn't
know what was coming and they could have gone broke. They are
trying to develop it in a quality manner as there is some demand for
the lots but they don't know what size lots will be needed in the
future so they would like to leave it open.
Gardner said they are just talking about the two corner lots right
now and there is water and sewer already available at this corner.
There has been a lot of talk about the latecomer fees and that we
are trying to go around MVP but we are in fact currently in
discussions with them about future development. Gardner Auction
Service, Rock City and Janitor's World were all developed with
water and sewer from the MVP lines at a cost of over $100,000 in
latecomer fees to MVP.
Davar Gardner, 3095 Airport Road, Kalispell stated the things
being discussed have no bearing on the two lot PUD. He has had
the highest regard for Andy and Paul over the years and has done
everything possible to help them market Old School Station and he
even maintained the vacant property for them. Gardner said
because the MVP sewer runs down one side of the highway and
water down the other it isn't cost effective to service his property
but he feels it will be eventually be worked out.
MOTION Guiffrida moved and Young seconded a motion that the Kalispell
Planning Board adopt Staff Report KPUD-13-01 as findings of fact
and recommend to the Kalispell City Council that the PUD overlay
zoning district be approved subject to the 20 conditions listed in the
staff report.
BOARD DISCUSSION Guiffrida wondered if these discussions fall under the scope of the
planning board. Guiffrida asked when dealing with a PUD how
often do they have final engineering at the board or council level
and Jentz said when the PUD is submitted the city requires
preliminary plans and our goal is to determine if a property can be
served not to approve the final engineering. When the approval is
in hand it is the time to expend the money necessary to complete
the design work for the sewer system.
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 8 of 11
Guiffrida noted the packet was given to them right before the
meeting and he can't make a decision until he has had a chance to
review all this material. Guiffrida asked if staff had a chance to
review the materials and Jentz said he read it he can go over the 15
sections and provide the board with the highlights at this time.
Guiffrida said it is the board's responsibility to read through
everything that is presented to them. The work session a month ago
would have been the more appropriate time to receive the materials
and there was plenty of notice given to the public to comment.
Guiffrida said he would entertain a motion to table the PUD which
would also allow APEC engineering to review the material.
Griffin said he agrees with most of Guiffrida's remarks. His
concern is how much pertains to the PUD and how much pertains
to the latecomer fees which will fall into the PUD when the sewer
plan is submitted. He hasn't had a chance to read through it either
and he can't make a decision on it tonight.
Young said he welcomes Guiffrida's suggestion to table the PUD
until they have had a chance to review what is in the materials. He
asked staff if they have had a chance to discuss these issues with
the city attorney to determine the legal ramifications of the
latecomers agreement and whether the board can consider the PUD
and allow the legal team to settle the sewer issues.
Jentz said there are two pieces of original information in the
packets including Ken Kalvig's letter were he says that MVP spent
$4 million dollars to bring the system in and Kalvig's second point
where he states the PUD itself is flawed in staffs review and
presentation. Jentz said there are all sizes and shapes of PUDs from
460 acres with a 700,000 sq. f. shopping center to PUDs that are
three pages long and dealt with setbacks and a height issue. This
PUD is not a subdivision the lots exist and there is a water and
sewer main out in front of the property. It is zoned commercial, and
for all practical purposes meets almost all of standards of a B-5
zone. When we talked about what the design would look like staff
suggested like the Toyota dealership. The board is asked as part of
the PUD process to review an overall plan for sewer and water and
the two lot PUD has water and sewer out front and it can be fully
developed with those lines. However if the developer proposes
something different that will be worked out through the agreement
that is in place and through Public Work's review of those
standards.
Jentz continued the board needs to consider the information that
was presented but their role in this process is not necessarily the
arbitrator of an agreement but to ensure that sewer, water, storm
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 9 of 11
water, streets can be provided and that the landscaping and design
aspects are suitable. Jentz added the board could add a condition
that would prohibit redundant sewer lines in this area.
The second original piece of information is the letter from Bruce
Lutz of Sitescape Associates who discusses what he feels is a lack
of pertinent landscaping information.
Jentz suggested if the board continues this discussion he would
recommend two weeks.
Charles Pesola said he would also like to reiterate that the materials
could have been presented prior to tonight and he agrees it should
be tabled.
MOTION TO TABLE
Guiffrida moved and Pesola seconded a motion to table the
Gardner PUD until March 26, 2013.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
Jentz asked the board if there are any questions that they want staff
to address to help the board make a better decision prior to the
March 26th meeting. Griffin said would appreciate clarifications on
where the board's authority lies as far as the latecomers agreement
and to what extent do the property owners have an option to look at
alternative application of sewer and water service.
Guiffrida agreed with Griffin and asked staff to take a look at
section F. under Public Services — water and sewer because it
touches on the board's jurisdiction.
NEW BUSINESS:
Conrad mentioned staff is still drafting up sections of the growth
policy as part of an update based on public comment they received
from the public outreach that was conducted last year. They plan to
go back to the public and have work sessions in the coming months
then an update will presented to the board.
ADJOURNMENT
The meeting adjourned at approximately 8:30 p.m.
NEXT SPECIAL MEETING
The special meeting will be held on March 26, 2013 beginning at
7:00 p.m. in the City of Kalispell Council Chambers located at 201
lst Avenue East in Kalispell.
NEXT REGULAR MEETING
The next regular meeting is scheduled for April 9, 2013 beginning
at 7:00 p.m. in the City of Kalispell Council Chambers located at
201 1st Avenue East in Kalispell.
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 10 of 11
NEXT WORK SESSION The next work session has not been scheduled.
/s/ Chad Graham
Chad Graham
President
APPROVED as submitted/corrected: 3/26/13
/s/ Michelle Anderson
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of March 12, 2013
Page 11 of 11
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF SPECIAL MEETING
MARCH 26, 2013
CALL TO ORDER AND
The special meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Phillip Guiffrida, Rory
Young, Charles Pesola, Ken Hannah and Matt Regier. Richard
Griffin was absent. Tom Jentz, Sean Conrad and P.J. Sorensen
represented the Kalispell Planning Department. There were 8
people in the audience.
APPROVAL OF MINUTES
Pesola moved and Guiffrida seconded a motion to approve the
minutes of the March 12, 2013 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one wished to speak and the public comment period was closed.
OLD BUSINESS:
A request from Gardner Investments LLC for a planned unit
development (PUD) zoning overlay approval for two tracts of land
GARDNER INVESTMENTS/
located at the southeast corner of the intersection of Highway 93
VOLKSWAGEN
South and Willow Glen Drive. The PUD is requesting approval to
DEALERSHIP PLANNED
develop both tracts of land to accommodate an auto dealership on
UNIT DEVELOPMENT
one tract of land and either an additional auto dealership or similar
supporting business on the second tract of land. Both tracts of land
are currently undeveloped.
MOTION TO REMOVE
Guiffrida moved and Hannah seconded a motion to remove the
FROM THE TABLE
Gardner Investments/Volkswagen Dealership PUD from the table
for further discussion.
ROLL CALL VOTE
The motion was approved unanimously on a roll call vote.
BOARD DISCUSSION
Graham asked if the board members had a chance to read the
information that was submitted by Ken Kalvig, attorney for
Montana Venture Partners and Ken Hannah said although he was
not at the March 12th public hearing he has had an opportunity to
come up to speed on all the information that was presented
including the binder from Kalvig's office; the agenda, packets,
minutes and he has watched the video from March 12t' meeting. He
feels he is fully prepared to discuss and vote on the PUD
application request.
Sean Conrad of the Kalispell Planning Department noted the city
received a copy of a letter dated March 19, 2013, from Ms. Jean
Riley, Transportation Planning Engineer with the Montana
Department of Transportation which indicates what would be
Kalispell City Planning Board
Minutes of the special meeting of March 26, 2013
Page 1 of 4
required when the two lots are developed and the developer
requests an encroachment permit from MDT. A copy of this letter
was emailed to the board and a hard copy has been provided
tonight.
Guiffrida said he read through the binder and he added it is
important to remember the role of this board. As to the concerns
over latecomers agreement Guiffrida said he doesn't feel the
planning board should be involved because it is outside their scope
and between the two property owners. Guiffrida noted the board
looks at the basics, does this property have adequate infrastructure
within close proximity to it that can be used and the answer is yes.
The board also needs to consider the type of PUD they are dealing
with - this is not a large scale subdivision with multiple uses but a
small commercial PUD. He feels the conceptual drawings
submitted are appropriate. Guiffrida added the board should
consider only the two lots specifically the Volkswagen dealership
and Public Works will make sure that the requirements are met for
water and sewer. Guiffrida said the staff report accurately states the
findings of fact and he supports the proposal.
Hannah asked for clarification on the memo from staff regarding
the contents of the binder that indicates the "city" is responsible for
ensuring the terms of the latecomers agreement and not the
planning commission and Conrad said that is correct.
He questioned the use of the word "abut" and Conrad said it could
say "adjacent to" instead.
Hannah asked if this PUD application was for the full 80+ acres or
only the 7.6 acre site and Conrad said a full PUD for the 7.6 acres.
The remainder of the property remains under the PUD placeholder.
Hannah continued in the findings of fact on page 12 staff indicates
there is a possibility of installing a regional lift station for the
development of Tract 2 and future development and Conrad said
water and sewer are available to these properties but the specific
engineering is still conceptual. Depending on the type of
development proposed for Tract 2 and the other properties they feel
they may need to utilize a regional lift station but that can't be
determined at this time.
Page 17, item #6 references a development agreement that would
be drafted with the city and the developer and Hannah asked if the
agreement would be specific to the 7.6 acres only and Conrad said
yes. Conrad added Condition #5 gives the property owners a heads
up that the city will need more detailed information on the other
55+ acres such as a frontage road and identify if a regional storm
water detention area is needed, etc., Condition #10 requires a
Kalispell City Planning Board
Minutes of the special meeting of March 26, 2013
Page 2 of 4
traffic analysis for the 7.6 acre PUD and one for the other 55+
acres.
Hannah asked how Chapter 27.19 of the zoning ordinance was
applied and Conrad said that section of the zoning ordinance states
within any PUD application they can either submit a full PUD
application or a PUD placeholder or they can do both. Conrad said
that provides flexibility for the developer in instances such as this
when you they are only looking to develop a portion of a large area
and they don't really know how the other acreage will be
developed. Hannah said so the PUD placeholder will not have to be
resubmitted because it remains in effect for the remainder of the
property and Conrad said yes.
Hannah asked for clarification under Section 3(K) where it refers to
a subdivision and asked if there is a subdivision with this proposal
and Conrad said no subdivision was required because these are two
existing tracts of land.
Hannah said the ordinance specifies that when multiple owners of
the property are involved all owners must sign the application or
provide a letter of consent and he asked if this was covered on the
application and Conrad said yes.
Hannah concluded by saying this is a very good proposal for the
property and he agrees with board member Guiffrida that the facts
are very well laid out and he appreciates the work the staff and
developers have put into this project. Hannah said he will give this
project a favorable recommendation.
Graham asked if the letter from MDT coincides with Condition #10
and Conrad said it does because MDT is saying that they want a
traffic analysis for the 7.6 acre project and for the remainder of the
property under the PUD placeholder. Conrad added it also ties in
with Condition #20 which requires an approach permit from MDT
prior to the issuance of the certificate of occupancy.
MOTION Guiffrida moved and Young seconded a motion that the Kalispell
Planning Board adopt Staff Report KPUD-13-01 as findings of
fact, and recommend to the Kalispell City Council that the PUD
overlay zoning district be approved subject to the 20 conditions as
amended at March 12, 2013 meeting.
ROLL CALL I The motion, as amended, passed unanimously on a roll call vote.
NEW BUSINESS: Jentz noted that there will be a planning board meeting on April 9,
2013 and the only item on the agenda is a three lot subdivision on
Mile High Court near Denver Avenue.
Kalispell City Planning Board
Minutes of the special meeting of March 26, 2013
Page 3 of 4
The Gardner/Volkswagen PUD will be scheduled for the April 15,
2013 city council meeting.
ADJOURNMENT
The meeting adjourned at approximately 7:25 p.m.
NEXT MEETING
The next planning board meeting is scheduled for April 9, 2013
beginning at 7:00 p.m. in the City of Kalispell Council Chambers
located at 201 1" Avenue East in Kalispell.
NEXT WORK SESSION
The next work session has not been scheduled.
Chad Graham
President
APPROVED as submitted/corrected: / /13
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the special meeting of March 26, 2013
Page 4 of 4
PLANNING OR:THE FUTURE
REPORT TO: Kalispell Planning Board
FROM: Sean Conrad, Senior Planner
SUBJECT Gardner PUD
MEETING DATE: March 26, 2013
Planning Department
201 1" Avenue East
Kafispell, MT 59901.
Phone: (406) 758-7940
Fax: (406).758-7739
www.icalispell.com/planning
At your public hearing on March 12, 2013 Ken Kalvig of Kalvig & LeDuc, P.C., representing Montana
Venture Partners presented you with a binder of information which included a cover letter from Mr.
Kalvig (tab 1), background of the Old School Station Water and Sewer Lines upsizing (tab 2-8), staff
reports and minutes from the creation of the PUD placeholder concept (tabs 9-10), the Gardner annexation
and initial zoning staff report and minutes from 2008 (tabs 11-12), the 2 lot PUD application in front of
you now (tabs 13-20), a letter from landscape architect Bruce Lutz (tab 21), recent PUD staff reports .
including Hutton Ranch, Valley Ranch and Starling (tabs 22-24) and a story from the Daily Interlake
concerning a latecomers agreement dated 2011 (tab 25). With the amount of information submitted at the
hearing, the planning board tabled further discussion on the project until March 26`t' to allow time for the
planning board to review and consider the information.
The planning board asked staff to help them with the review process by providing comments on two
specific areas, the authority of the board to enter into discussions or give oversight and direction
concerning the latecomer's agreements and how this applies to Section F of the staff report concerning the
proper provision of water and sewer services.
Planning board authority or role relative to the late comer's agreement: The latecomer's agreement
is an agreement between two private parties, the developer, Montana Venture Partners, who installed the
water and/or sewer lines and then any developer/user needing water and/or sewer service from those lines.
The city is responsible for ensuring that the terms of the latecomer's agreement are carried out.
Specifically, the Kalispell Public Works Department will make sure the agreed upon fees between the
developer and user of the water/sewer line are collected and reimbursed to the developer of the
water/sewer line. Neither the city or the public works department are given the responsibility in the
agreement to enforce actual hookup to the latecomer agreement lines.
Relationship of Section F of the staff report concerning provision of water and sewer as it relates to
the latecomer's agreement: The planning board is charged with assuring that adequate provision for
public water and sewer is made. In the staff report it is stated that water and sewer mains serve the site
immediately adjacent to the properties and that these lines provide adequate capacity to meet the needs of
the anticipated uses. You therefore have made assurance that these lots can physically be developed.
There are many sound and creative ways to provide these services which could involve a wide variety of
engineering solutions. Some are beneficial to the long term growth of the city, some are not.
Determining the specific design of a sewer system is not the charge of the planning board. The public
works department, in their interpretation of city policy and proper engineering techniques will determine
that.
Staff continents concerning the questions raised by Mr. Kalvig about the overall approach that the
staff and planning board are taking relative to this: PUD review: The vast majority of -the information
provided by Mr. Kalvig is generally historical staff reports,.n-iinutes and previously published :information
As you read the information please note that Mr. Kalvig highlights in yellow the comments or phrases of
concern that he. wishes to raise. There are 2 .pieces of new information attached. Tab 1., the cover letter
from Mr. Kalvig wherein he lists his concerns and tab 21, a letter from Bruce Lutz who states that the
level of information provided for landscaping is significantly lacking.
Staff would point out that the issue raised by Mr. Kalvig that the PUD process is flawed because there is
such a lack of information in the PUD staff report and application is really a matter of scale. Staff
explained at the March 12 planning board hearing that the PUD application you are reviewing includes
two existing lots totaling 7.6 acres and zoned B-5 (Industrial -Business). The applicants have stated that
an auto dealership will be located on one of the lots with the other lot accommodating another auto
dealership or similar use. The purpose of the PUD overlay zoning placed on the two lots upon annexation
was to provide, in part, a coordinated development pattern that reduces business costs and increases small
business opportunities. To that end, for these two lots the planning staff is recommending a shared
approach on Highway 93, similar landscaping and bike trail development along Highway 93 and
improvements to Lower Valley Road. There is no subdivision of land occurring. Water and sewer abut
the lots. Both lots have existing public access and comply with the existing zoning.
The PUD examples provided in the binder under tabs 22 (Hutton Ranch Plaza), 23 (Valley Ranch), and 24
(Starling) were large scale development projects proposed on raw land that lacked all forms of public
services and utilities. Consequently, the PUD review and associated subdivision review were very in-
depth. Additionally, the entitlements awarded to the PUD developers were much more specific. A
breakdown of the scope of each of the listed projects is as follows:
• Hutton Ranch Plaza — The PUD permitted the construction of a commercial center that is located
on 46 acres of farmland and allows the development of approximately 450,000 square feet of
mixed retail, restaurants, specialty stores, a movie theater and hotel. With the completion of the
Walmart store and soon to be completed Hilton Homewood Suites hotel the Hutton Ranch Plaza is
largely built out.
• Valley Ranch — The proposed PUD permits a variety of residential uses on the 80.7 acre project
site which was previously farmland. Valley Ranch included 204 residential lots, 29 townhouse
lots and a future assisted and independent living facility. The assisted and independent living
facility would be located in the northwest corner of the site, encompassing approximately 4.6 acres
and, as stated in the application, will come back before the planning board and city council as an
amendment to the PUD when the developers are ready to proceed with development of the facility.
• Starling — The Starling PUD project included approximately 640 acres and exists as a farm field.
The city council approved the project permitting a mix of residential housing types along with
commercial development on the site to be built out over 15 phases. The first phase includes a mix
of single-family residential, townhouse, multi -family and commercial lots on 63.3 acres.
Specifically, the first phase includes 99 single family lots, 98 townhouse lots, 7 lots designated as
multi -family lots and 32 lots designated as commercial lots. The primary land use will be
residential with the commercial component comprising of approximately 60 acres or 9% of the
overall project site. The Starling PUD would allow upwards of 3,000 housing units when fully
built out.
The proposed PUD is obviously not of the same scope with regards to size of land or potential
commercial square footage or existing availability of services and utilities. The PUD before you is more
akin to the Hilton Hotel PUD, Eastside Brick PUD and Kalispell Regional Medical Center PUD. The
planning board should also note that the PUD.overlay zoning is still in place for the remaining lands on
the east and south of the 7.6 acre PUD project you are currently reviewing. This mixing of a full ,PUD
application and PUD overlay is permitted under section 27.19.020(2) which states in part, "Within any
PUD application it is possible to incorporate one or both of the categories listed below
(a) PUD Full Application
(b) PUD Placeholder Application "
Recommendation: Move the project off the table for discussion and consider the planning department's
recommendation to conditionally approve the PUD project.
mDr*Montana Department of Transportation Michael T. Tooley, Director
2701 Prospect Avenue Steve Bullock, Governor
PO B 201001
March 19, 2013 Helena MT 59620-1001
Sean Conrad,
Kalispell Planning Department is
201 1st Avenue East j
Kalispell, MT 59901 MAR 2 0 2013
Subject: Gardner Two Lot PUD - Kalispell - US 93 - RP 106.E
Initial Comments
Dear Sean,
The Montana Department of Transportation (MDT) staff has reviewed the information you
forwarded on the Gardner Two Lot PUD (Glacier VW) development. We have the following
comments:
US 93 is under the jurisdiction of MDT. MDT requests a complete Traffic Impact
Study (TIS) for this two lot development and for the full build out of the property.
This will allow for the review of potential imparts to US 93 (N-5). The study needs
to include analysis of not only the requested approaches but also the intersection of
US 93 and Willow Glen Drive (U-6734).
MDT needs a detailed site plan of the.d.evelopment that shows the existing and
proposed approaches on both sides of US 93, Willow Glen Drive, and Lower Valley
Road. MDT's concurs with the recommendations discussed in the City of Kalispell
Growth Policy for this -area - the reduction of direct access to US 93 by using
internal roads and frontage roads.
• MDT has access control on Lower Valley Road extending 50 meters (164 feet)
following the northern property boundary west for the property corner down
Lower Valley Road. MDT must review and determine appropriateness of any
approach within this area.
Prior to any approaches being approved for the development, the development
must provide the following:
o A completed Approach Permit Applications) with Environmental
Checklist(s)
o A detailed site plan
o A hydraulics report
o Copies of any State, Federal, or Local agency permits required for the
development.
• If requested, MDT will conduct a scoping meeting with the developer to discuss the
.design and all identified mitigations once the TIS is approved. The developer- is
required to design, construct and fund all mitigations. MDT must review and
approve any mitigation impacting MDT controlled roadways.
Policy, Program & Performance Analysis Bureau Roil, Transit and Planning Division
Phone: (406) 444-3423 An Equal Opportunity Employer TTY: (800) 335-7592
Fax: (406) 444-7671 Web Page: www.mdt.mi.gov
If you have any questions concerning the requirements outlined in this letter, please
contact me at (406)444-9456 or email at.jrileyPmt.gov.
Sincerely,
can A. Riley, P.E.
Transportation Planning Engineer
Policy, Program & Performance Analysis Bureau
Copies: Ed Toays, P.E. - Missoula District Administrator
James Freyholtz, P.E. - Kalispell Traffic Engineer
Danielle Bolan, P.E. - Traffic Engineer
Joe Zody, P.E. - Right -of -Way, Access Control
Mike Tierney - Policy, Program & Performance Analysis Bureau
Kim -Larson - APEC Engineering, Kalispell
File
GARDNER
PLANNED UNIT DEVELOPMENT REQUEST
STAFF REPORT #KPUD-13-01
KALISPELL PLANNING DEPARTMENT
MARCH 6, 2013
A report to the Kalispell City Planning Board and the Kalispell City Council for a planned
unit development (PUD) request on two commercial lots zoned B-5/PUD. The PUD would
permit the development of the two lots for an auto dealership or similar use. A public
hearing is scheduled before the planning board on March 12, 2013, in the Kalispell City
Council Chambers. The planning board will make a recommendation and forward a set of
findings to the Kalispell City Council for final action.
BACKGROUND INFORMATION:
The two lots included in the PUD request were annexed into the city as part of a larger
annexation in 2008. The annexation request included 9 tracts of land totaling 81.6t
acres on the east side of Highway 93 South. The city council annexed the 9 tracts of
land and approved a zoning district over all 9 tracts of B-5 (Industrial -Commercial) zoning
and a PUD placeholder. The council included the PUD placeholder to allow the developer
to enter into a development agreement with the city, binding the property to a future
PUD application. At the time of annexation the property owners did not have any
immediate plans for development of the 9 tracts of land. The PUD placeholder did not
require the developer to provide any application materials or development plans and the
developer did not receive any entitlements other than a commitment between the city and
the developer that prior to development of the individual properties, the developer would
submit for review and approval a full PUD application as required by the zoning
ordinance.
The city council approved the PUD placeholder because the council determined there was
a need to support a cohesive design for lots zoned with the B-5 zoning. Future
development approved through the PUD process was also found to be in accordance with
the following goal from Chapter 4, goal 1 of the Kalispell Growth Policy which states,
"Encourage the development and growth of prosperous commercial and industrial
districts, each with a viable mix of businesses, suitable infrastructure, and a coordinated
development pattern that reduces business costs and increases small business
opportunities."
The owners of the two tracts requesting the PUD approval, Volkswagen Real Estate and
Gardner Investments, are proposing a Volkswagen dealership on one lot (Parcel A) with the
intention of attracting similar or complimentary businesses to the auto dealership on the
second lot (Tract 2).
A. Owner: Volkswagen Real Estate LLC (Parcel A)
PO Box 1217
Whitefish, MT 59937
(406) 863-2511
Gardner Investments LLC (Tract 2)
PO Box 958
Kalispell, MT 59903
Technical Assistance: APEC Engineering, Inc.
111 Legend Trail
Kalispell, MT 59901
(406) 755-1333
B. Location and Legal Description of Property: The two tracts of land included in
the PUD request are located at the southeast corner of the intersection of Highway
93 South and Willow Glen Drive. The two tracts of land can be legally described
as Parcel A of Certificate of Survey # 19299 and Tract 2 of Certificate of Survey
#6628 located in the SW 1/4 of the NW 1/4 of Section 28, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning: Both tracts of land are currently undeveloped.
Two billboards are located on Parcel A and will be removed when the Volkswagen
dealership begins construction. Both lots (Parcel A and Tract 2) are zoned B-
5/PUD. The B-5 zoning is a commercial/industrial zoning district intended
primarily to accommodate a variety of business, warehouse, and light -industrial
uses and incorporating these uses into an integrated design for compatibility.
Compatibility issues may be addressed through development of an industrial -
commercial park development or through a planned unit development (PUD)
overlay zoning district. Such uses would typically not create objectionable
characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.) which extend
beyond lot lines. The B-5 zoning district is primarily located near major arterials
or rail services. This zoning district would typically be found in areas designated
as industrial or urban mixed use on the Kalispell Growth Policy Future Land Use
Map.
2
Figure 1: Aerial photo of the project site and the immediate area
D. Adjacent Land Uses and Zoning:
North: Single-family residential; County R-1 zoning, NW - Toyota Dealership;
City B-2
South: Radio station; County I-1H zoning
East: Professional office; County I-1H zoning
Vacant land; City B-5/PUD zoning
West: Gas station; City B-2 zoning
E. General Land Use Character: The general land use character of the Highway 93
South corridor is commercial and light industrial uses concentrated along Highway
93. The lands adjacent to the two tracts of land in this PUD request include a mix
of residential homes, professional office and radio station.
F. Utilities and Public Services:
Sewer: City of Kalispell
Water: City of Kalispell
3
Refuse:
Private contractor/City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
Northwestern Energy
Telephone:
CenturyLink
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Nature of the Request: This is a request for a planned unit development (PUD)
zoning district on approximately 7.6 acres of land which is currently undeveloped.
The PUD zoning would permit the development of the two existing tracts of land, one
for a Volkswagen dealership and the other for another auto dealership or other
complimentary use. The owners are not requesting any deviations from the zoning
ordinance at this time but future development on lands zoned B-5/PUD could
request deviations from the zoning or subdivision regulations.
Criteria for the Creation of a Planned Unit Development (PUD) District
The following information and evaluation criteria are from Sections 27.19.020(3) and
27.19.020(4), of the Kalispell Zoning Ordinance. The intent of the planned unit
development district is to serve as an overlay zoning district. The district functions in
concert with one or more of the underlying zones to provide a comprehensive, integrated
development plan which will serve to modify the underlying zone and, where appropriate,
subdivision standards with the intent of providing flexibility of architectural design and
density as well as providing the option to mix land uses and densities while preserving
and enhancing the integrity and environmental values of an area.
Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations
provide that the planning board and city council shall review the PUD application and
plan based on the following criteria:
A. The compliance of the proposed PUD with the city growth policy and in
particular the density and use policies of the plan;
The proposed PUD would permit development on the two tracts of land for an auto
dealership or similar type of business. The property is zoned for commercial and
industrial type uses which an auto dealership is one of the anticipated land uses.
The scale and density of commercial development proposed on the project site is in
accordance with the B-5 zoning of the property. No residential development is
anticipated with the current PUD proposal.
The Kalispell Growth Policy Future Land Use Map designates the 7.6 acre project
site included in this PUD application as urban mixed use. In 2008 the city council
a]
amended the Highway 93 South neighborhood plan in the city's growth policy.
The proposed PUD design meets the following policies of the Highway 93 South
neighborhood plan
Policy
18.The following design standards are intended to enhance the gateway
entrances to Kalispell
b. Areas planned for commercial development along Highway 93 should
occur as an integrated development utilizing and enhancing the
property back from the highway as opposed to occurring as a shallow
linear strip. Significant individual business highway exposure,
individual access points, and pole signage would not be the norm.
The proposed PUD design includes significant landscaping along the
highway between the edge of pavement and the use of the property as
an auto dealership or complimentary use. The plan proposes one
access onto Lower Valley Road and a shared access onto Highway 93,
eliminating the need for a separate access for both lots.
e. Four sided architecture should be the norm for all properties
abutting the gateway entrances.
Information included with the application notes the proposed
Volkswagen dealership `presents a simple, modern well defined
outline of the building that embodies the proud engineering heritage
that Volkswagen owners have come to trust." Architectural features
and a combination of exterior colors will be provided to all four sides of
the new dealership. This can be anticipated for the future building or
dealership located south of the Volkswagen dealership on Tract 2.
The city's architectural review committee reviewed the Volkswagen
building elevations submitted with the PUD application. The committee
noted that the architect should consider easing the transition between
the showroom on the west side of the building with the service area on
the east side of the building. The architect acknowledged the
committee's recommendation and would be making some modification
prior to submitting a building permit.
f. Billboards should be prohibited in the commercial and residential
zones. Existing billboards in these zones should be considered a
primary use. Such existing billboards should be phased out in these
zones under the following schedule: at the end of their current lease
or when another primary use is proposed on the same parcel or tract
of land.
Parcel A, the location of the Volkswagen dealership, has two
billboards on the property as shown on the PUD layout plan. As of the
writing of this report, the billboards are still on the property. A
recommended condition of approval will require the billboards to be
removed prior to the issuance of a building permit for the dealership.
5
With the city B-5 zoning making up a majority of the zoning on the east
side of Highway 93 between the light at the alternate route and
Cemetery Road, relocation of these two billboards would not occur on
the project site.
The PUD application notes that the exact development for the tract of land
immediately south of the Volkswagen dealership, Tract 2, has not been
determined. The owners of the lot are considering possibly another dealership or a
supporting business to the Volkswagen dealership such as an oil service facility or
carwash.
The B-5 zoning permits a wide range of land uses including but not limited to
retail business, restaurants, professional offices, laboratories, hotels and truck
terminals. Due to the unknown nature of the use on Tract 2, this PUD would
restrict the use of the lot to land uses such as an auto dealership, professional
office or commercial use complimentary to the Volkswagen dealership. This does
not restrict the property owners from proposing a land use outside of these narrow
parameters however more detailed information such as a site layout, building
elevations and access to the site and adjacent properties would need to be
provided before the city could permit such a use on the land.
B. The extent to which the PUD departs from the underlying zoning and the
reasons why such departures are or are not deemed to be in the public
interest, and the mitigating conditions that the PUD provides to address the
deviations;
The requested PUD will not deviate from the zoning regulations.
C. The extent to which the PUD departs from the subdivision regulations (if
subdivision is anticipated) and the public works standards for design and
construction applicable to the subject property, the reasons why such
departures are deemed to be in the public interest, and the mitigating
conditions that the PUD provides to address the deviations;
The requested PUD will not deviate from the subdivision regulations or public
work's standards for design and construction.
D. The overall internal integrity of the PUD including the appropriate use of
internal design elements, the use of buffers between different land uses, the
use of transitions between uses of greater and lesser intensity, the use of
enhanced design features to provide connectedness for both vehicle and
pedestrian traffic throughout the PUD and the use of innovative and
traditional design to foster more livable neighborhoods;
The proposed PUD includes two existing tracts of land located at or near the
southeast intersection of Highway 93 and Willow Glen Drive. The proposed uses
for the properties, an auto dealership(s) and other complimentary uses, have been
designed to work together utilizing the same access off of Highway 93. No buffer is
necessary for the surrounding uses which include a professional office to the east
and radio station to the south.
0
The focus of this proposed PUD zoning request is on the two lots located in the
northwest corner of land under a PUD overlay zoning. The total area of land
under the PUD zoning is comprised of several lots totaling approximately 53.4
acres.
The land area outside of the two lots included in this PUD request will need to be
master planned in the future. The exact timing of additional development on this
land has not been determined however when a future development is proposed,
the owner or owners of the remaining portions of land identified in Figure 2 will
need to provide a detailed PUD layout plan. The owners have included a
conceptual layout for this area with this PUD application. The concept plan is
adequate at this point because future uses and/or lot sizes are unknown at this
time and a large portion of the undeveloped property is encumbered with radio
tower easements. Until the radio towers are removed and the associated
easements are abandoned, much of the land under the PUD overlay is unavailable
for development.
7
Figure 2: Remaining undeveloped land outside of the two lots included in this
PUD proposal
The layout identifies the existing approaches onto Highway 93, a future road
connection between Lower Valley Road and an existing roadway on the south end
of the land area and the approximately location for a regional storm water
detention area to serve future development in this area. Prior to approving any
additional developments on the land shown in Figure the PUD application will
need to include a detailed PUD layout plan for the area that addresses the
following:
• Conceptual design of a frontage road parallel to Highway 93 and identifying
which existing approaches along Highway 93 will be used and the nature of
the approach (i.e. right-in/right-out only, full movement approach or 3/4
movement approach).
• Identify the area and approximate size of a regional storm water detention
area.
• Approximate locations of north/south streets and east/west streets serving
the area and the type of streets proposed (i.e. local street or collector street).
• A conceptual design for lots within the area that identifies the location of
buildings to the adjacent street and their associated parking lots.
Including the above listed elements in the future PUD design of the land identified
in Figure 2 will comply with the following goals and policies of the Kalispell Growth
Policy:
Highway 93 South Corridor Growth Policy Amendment
Goals:
2. EXPANSION OF COMMERCIAL DEVELOPMENT SOUTH OF CEMETERY
ROAD/LOWER VALLEY ROAD NEEDS TO BE ADDRESSED UNDER A
PLANNED UNIT DEVELOPMENT IN ORDER TO ADEQUATELY ADDRESS
VEHICULAR AND PEDESTRIAN ACCESS, SIGNAGE, SETBACKS, AND
OTHER ISSUES RELATING TO PROTECTING AND PRESERVING THE
COMMUNITY ENTRANCE WAY TO KALISPELL.
3. PRESERVING THE FUNCTIONALITY OF THE INTERSECTION OF HIGHWAY
93 AND THE HIGHWAY 93 BYPASS SHOULD BE A PRIORITY._
6. FREE FLOWING TRAFFIC ON HIGHWAY 93 SHOULD BE MAINTAINED
AND NEW DEVELOPMENT SHOULD INCORPORATE DESIGN AND
TRAFFIC FEATURES THAT WILL ELIMINATE THE NEED FOR PRESENT OR
FUTURE TRAFFIC SIGNALS BETWEEN FOUR CORNERS AND HIGHWAY
82.
7. A GRID STREET SYSTEM SHOULD BE ESTABLISHED AS NEW
DEVELOPMENT OCCURS.
Policies:
3. Avoid a pattern of one lot deep linear commercial and industrial
development along the Highway 93 South Corridor•, instead encourage
E
development patterns that extend horizontally back from the highway
creating commercial or industrial centers and parks.
4. Require high quality development as it relates to the provision of services,
utilities, facilities and amenities.
5. Additional accesses onto Highway 93 shall be limited and a grid street
system shall be developed when possible.
6. Frontage roads shall be developed as part of a grid street system to avoid
additional accesses onto Highway 93.
7. Provide alternative north/south roadways parallel to Highway 93 on both
the east and west sides of the highway.
18. The following design standards are intended to enhance the gateway
entrances to Kalispell
a. Access control should be the norm along the 93 corridors.
b. Access should be coordinated so as to allow only collector or arterial
streets to intersect Highway 93. The judicious use of right -in right -out
approaches, frontage roads and good internal development street design
should be the rule to reduce or eliminate the need for direct access onto
major gateway roads.
Pedestrian connectivity in the area of the two lots in the proposed PUD request is
limited at this time. Sidewalks are located along Highway 93 however on the east
side of the highway they end immediately north of the proposed Volkswagen
dealership at the intersection of Highway 93 and Willow Glen Drive. To provide
pedestrian and bicycle connections to the proposed developments, the applicants
will be extending a pedestrian/bike trail from the intersection of Highway 93 and
Willow Glen Drive south along Highway 93. The PUD layout plan calls for an 8
foot bike trail along Highway 93. The bike trail is proposed on the outer edge of
the right-of-way, creating a separation from the adjacent highway of approximately
50 feet. Along Lower Valley Road the PUD layout plan proposes a 5-foot sidewalk
which would connect to the bike trail along Highway 93 in the area of the north
west corner of Parcel A.
The Parks and Recreation Department has reviewed the proposed bike trail plans
and is recommending the 5-foot sidewalk along Lower Valley Road be widened to
accommodate bicycles as well. The Department is also recommending the trail
along Lower Valley Road be extended to the intersection of Lower Valley Road and
Willow Glen Drive. Currently, an 8-foot bike trail is located along Willow Glen
Drive but ends at FFA Drive, approximately 1/2 mile north of the Volkswagen
dealership site. Both the Kalispell Area Transportation Plan and the Kalispell
Parks and Recreation Master Plan identify the extension of the Willow Glen bike
trail south to the intersection of Willow Glen Drive and Lower Valley Road.
Adjusting the proposed PUD layout plan to provide for a trail connection at Willow
Glen Drive and Lower Valley Road would serve as the continuation of the future
planned trial section.
10
The proposed bike/pedestrian trail on the PUD layout plan and the recommended
modifications of the trail plan by the Parks and Recreation Department comply
with the following two goals in the Highway 93 South Corridor Growth Policy
Amendment of the Kalispell Growth Policy:
Goal:
15. PROVIDE FOR THE ONGOING ACQUISTION, CONSTRUCTION AND
MAINTENANCE OF PARKS, BIKE AND PEDESTRIAN TRAILS AND OTHER
RECREATIONAL FACILTIES.
16. PEDESTRIAN AND BIKE TRAILS SHOULD BE INCORPORATED INTO
NEIGHBORHOOD AND CONNECT WITH OR PROVIDE FOR FUTURE
CONNECTION WITH EXISTING OR FUTURE TRAILS.
E. The nature and extent of the public parks and common open space in the
PUD, the reliability of the proposal for maintenance and conservation of
these areas and the adequacy or inadequacy of the amount and function of
the parks and open space in terms of the land use, densities and dwelling
types proposed in the PUD;
The proposed PUD would permit an auto dealership(s) and complementary
businesses such as a car wash or oil service business to locate on the two tracts of
land. No development of permanent housing is proposed and therefore no
increase in resident population will occur. Without an increase in resident
population the need for park or common open space is not required.
Included with the PUD application the owners have submitted a layout plan which
identifies those areas to be landscaped. Landscaping is proposed both on the
private property and the adjacent right-of-ways for Highway 93 and Lower Valley
Road. The adjacent property owners will be required to maintain the landscaping
as part of their development approvals.
F. The manner in which the PUD plan makes adequate provision for public
services, provides adequate control over vehicular traffic and furthers the
amenities of recreation and visual enjoyment;
1. Public Services
Police and Fire Services
The two properties included in the PUD request were annexed by the city council
in 2008. Once annexed the properties receive Kalispell police and fire services.
Future development on the properties will be required to receive a building permit
prior to construction. As part of the building permit review police and fire
department official's review and comment on the building permit plans to insure
both departments can adequately enter and serve the development.
Water and Sewer
There are existing water and sewer mains located along Highway 93. The owners
of both properties intend to connect to city services with service lines and/or main
11
lines installed per Public Works standards. Initial discussions between the
engineering firm representing the Volkswagen dealership and the Public Works
Department have included constructing a gravity service line to serve the
Volkswagen dealership with the possibility of installing a regional lift station in an
area east of the Volkswagen dealership property to serve future development on
Tract 2. The regional lift station would serve development on Tract 2 and future
development to the south and east of this tract.
A recommended condition of approval will require information for water and sewer
main connections and/or extensions are provided to the Public Works Department
prior to the issuance of a building permit for the Volkswagen dealership. The
approved plans would then be required to be installed and inspected prior to the
dealership receiving a certificate of occupancy. Prior to issuance of a building
permit on Tract 2, the owner or developer would need to submit similar
information to the Public Works Department and include an analysis of whether a
regional lift station is warranted at that time.
Storm water
Individual storm water facilities are proposed for each of the two lots included in
the PUD request. The PUD layout plan indicates a potential storm water facility
south of the proposed Volkswagen dealership. For Tract 2, the storm water facility
is less defined at this point but could be located on the north or south boundaries
of the lot. Prior to issuance of a building permit for either lot a storm water
management plan will be required to be reviewed and approved by the Public
Works Department. On -site storm water management facilities will need to be
installed per the approved plan prior to the issuance of a building permit. Any off -
site storm water management facilities (if applicable) would need to be in place
prior to the issuance of a certificate of occupancy.
Future development south and east of the two lots included in this PUD request
will most likely utilize a regional storm drainage detention facility. The exact
location and specifications of such a facility will be a recommended condition of
approval prior to permitting further development in the area on land under the
PUD overlay zoning.
2. Control Over Vehicle Traffic
Access to the two lots in the PUD request includes Highway 93 and Lower Valley
Road. Parcel A, the location of the Volkswagen dealership, has access to Lower
Valley Road on its north property boundary and Highway 93 on its west property
boundary. The other lot, Tract 2, has access to Highway 93 on its west property
boundary.
Highway 93 is a major arterial within the city's transportation network. The
highway is a four lane road with a center turn lane, 8-foot shoulders and curbing
along its frontage of the two lots. The posted speed limit for this section of the
highway is 55 mph. The Kalispell Area Transportation Plan indicates daily traffic
volumes along this section of the highway at approximately 19,000 vehicles
(Figure 3-11). The transportation plan indicates future projected traffic volumes
by 2030 could be approximately 31,000 vehicles per day (Figure 3-13). The PUD
layout plan shows both lots sharing an existing approach onto Highway 93. A
shared approach and maintenance agreement between the two lots for the existing
12
approach has been included with the PUD application.
A copy of the PUD application was sent to the Kalispell office of the Montana
Department of Transportation (MDT). Discussion between city staff and MDT staff
resulted in the requirement of the owners of the two lots to obtain an approach
permit from MDT. Although an approach exists onto Highway 93, MDT requires
an approach permit when the land use changes, in this case the land is going from
a vacant field to an auto dealership. A recommended condition of approval will
require the owners of the two lots to obtain the appropriate permit for the
approach onto Highway 93 and receive a sign off from MDT on conditions or
requirement attached to the approach permit. The permit and conditions sign off
from MDT will be required prior to the city issuing a certificate of occupancy on
the building.
The use of the existing approach onto Highway 93 for the two lots included in this
PUD request will most likely be granted by MDT based on the limited amount of
development on this section of the highway and the intensity of vehicle traffic
anticipated on the two lots. Further development in this area, whether
immediately south of this PUD request or on the west side of the highway opposite
of this development, will most likely require the use of a frontage road as
discussed in section D of this report.
Lower Valley Road provides direct access to Parcel A, the location of the
Volkswagen dealership. Lower Valley Road, along the frontage of Parcel A, varies
in width from approximately 30, face of curb to face of curb, from its intersection
with Willow Glen Drive for a distance of approximately 360 feet east. At this point
the curbing ends and the roadway narrows to a travel width of approximately 22
feet with storm water ditches on either side of the road. The Kalispell Area
Transportation Plan does not provide any traffic volumes for Lower Valley Road
however the plan does identify Lower Valley Road as having a functional
classification of a minor arterial (Figure 2-1). The transportation plan defines a
minor arterial street as follows:
Interconnects with and augments the Principal Arterial system. It also
provides access to lower classifications of roads on the system and may
allow for traffic to directly access destinations. They provide for movement
within sub -areas of the city, whose boundaries are largely defined by the
Principal Arterial road system. They serve through traffic, while at the same
time providing direct access for commercial, industrial, office and multifamily
development but, generally, not for single-family residential properties. The
purpose of this classification of road is to increase traffic mobility by
connecting to both the Principal Arterial system and also providing access to
adjacent land uses. Posted speed limits on minor arterials typically range
from 25 mph to 55 mph.
The portion of Lower Valley Road, which fronts Parcel A, is within the city limits
falling under the jurisdiction of the Kalispell Public Works Department. After
reviewing the proposed PUD the Public Works Department is recommending
improvements to Lower Valley Road with the exact street design improvements to
be determined by a traffic analysis for the entire undeveloped property under the
13
PUD overlay zoning. This area includes both lots under this PUD request and
land to the south and east comprising approximately 55 acres. Based on
acceptance of the traffic analysis, the developer of the Volkswagen dealership will
be required to upgrade Lower Valley Road, as it fronts the property, to the
identified street standard.
The south side of Lower Valley Road fronting Parcel A includes about half a dozen
mail boxes serving residents on the north side of Lower Valley Road. During
construction activities to Lower Valley Road the developer will need to work with
the postal service to establish a temporary (if needed) mail box location and
reinstall the mail boxes after upgrades to the road are complete.
3. Recreational Amenities
No recreational amenities are required as part of the proposed PUD plan.
Recreational amenities are needed in residential developments or mixed
commercial/residential developments where the project includes a new resident
population. This is not the case with the proposed PUD plan.
4. Visual Enjoyment
The proposed PUD project includes development of two lots, one of which will be a
Volkswagen dealership and the other lot may be another dealership or similar type
of use. The proposed PUD layout plan and application indicate the owners or
developers of both lots will be landscaping their developments both on -site and out
to the edge of the adjacent right-of-ways. The end result will look much like the
Toyota dealership north of the PUD site which includes a combination of
manicured grass, shrubs and trees along Highway 93 giving a very positive visual
impression as the travelling public enters the city. The proposed developments
will be extending this concept and adding to the quality of the built environment
along this section of the highway.
G. The relationship, beneficial or adverse, of the PUD plan upon the
neighborhood in which it is proposed to be established in concert with the
underlying zone;
The proposed PUD would permit an auto dealership to occupy the northern lot
with the anticipation of another auto dealership or complimentary use to occupy
the southern lot. The proposed layout provides for adequate vehicle access to the
site via Lower Valley Road and Highway 93.
The proposed uses of the land for an auto dealership or other similar uses should
not conflict with surrounding land uses. Residential homes are located to the
north of the project site, on the north side of Lower Valley Road. These homes
could expect to see an increase in traffic on Lower Valley Road however
commercial and light industrial development has been anticipated on land on the
south side of Lower Valley Road for years.
Prior to annexing into the city the two tracts of land had an industrial zoning
district in the county. The industrial zoning was based on a previous
neighborhood plan adopted by both the city and county in 1993. At that time
Kalispell had a city -county master plan and associated map that provided
guidance for development both within city limits and up to four miles around the
14
city. In 2008 the city council revised the growth policy and land use map for this
area permitting commercial as well as industrial land uses for the area. The
current B-5 zoning is a result of this land use change.
H. In the case of a plan which proposes development over a period of years, the
sufficiency of the terms and conditions proposed to protect and maintain the
integrity of the PUD;
Part of the requirements of a PUD is that the developer enters into an agreement
with the City of Kalispell to adequately insure that the overall integrity of the
development, the installation of required infrastructure, architectural integrity and
proposed amenities are accomplished as proposed. A recommended condition of
approval for the PUD would require this agreement be in place prior to the
issuance of a building permit on either one of the lots.
I. Conformity with all applicable provisions of this chapter.
No other speck deviations from the Kalispell Zoning Ordinance can be identified
based upon the information submitted with the application.
15
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report KPUD-13-1 as findings of fact and recommend to the Kalispell City Council
the PUD overlay zoning district be approved subject to the conditions listed below:
CONDITIONS OF APPROVAL
General Conditions:
1. The development of the two tracts of land (Parcel A and Tract 2) shall
substantially comply with the following site plan and elevations submitted as
part of the Planned Unit Development application:
A. Site Layout Plan
B. Building footprint site plan
C. Elevations of the proposed Volkswagen dealership.
2. The permitted and conditional uses for Parcel A and Tract 2 are restricted to an
auto dealership, professional office or commercial use complimentary to an
auto dealership.
3. The property owner shall maintain the landscaping on their property and from
their property line to the adjacent street or highway.
4. All utilities shall be placed underground.
5. Prior to further development on land under this B-5/PUD the owner(s) shall
submit a detailed PUD layout plan for the area that addresses the following:
• Conceptual design of a frontage road parallel to Highway 93 and identifying
which existing approaches along Highway 93 will be used and the nature of
the approach (i.e. right-in/right-out only, fullmovement approach or 3/4
movement approach).
• Identify the area and approximate size and specifications of a regional
storm water detention area.
• Approximate locations of north/south streets and east/west streets serving
the area and the type of streets proposed (i.e. local street or collector street).
• A conceptual design for lots within the area that identifies the location of
buildings to the adjacent street and their associated parking lots.
16
Prior to the issuance of a building permit:
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 owner prior to the issuance of a building permit.
7. The billboards on Parcel A shall be removed.
8. A landscape plan shall be submitted to the Parks and Recreation Department
for review and approval. The landscape plan shall include an irrigation plan
and specify tree and shrub type and size at the time of planting for the parking
areas, areas around the building and adjacent right-of-ways. Note: Based on
the eventual street design for Lower Valley Road the street trees may be
required to be located on private property due to the lack of an adequate
boulevard for tree survival.
9. A pedestrian/ bike path plan shall be provided to the Parks and Recreation
Department and Public Works Department for review and approval. The plan
shall show a connection to the intersection of Lower Valley Road and Willow
Glen Drive and include a bike trail along Lower Valley Road. Note: An asphalt
bike trail shall have a minimum width of 10 feet; a concrete bike trail shall
have a minimum width of 8 feet.
10. A traffic analysis shall be submitted to the Public Works Department for review
and approval prior to building on Parcel A. The traffic analysis shall account
for future vehicle traffic on the approximately 55 acres of this PUD and
determine the improvements required to Lower Valley Road based on the
anticipated development and traffic volumes.
11. The property owner of Parcel A shall improve the property's frontage along
Lower Valley Road in accordance with the approved traffic analysis. All
improvements shall be completed in accordance with the City of Kalispell's
Standards for Design and Construction and Montana Public Works Standards;
and shall be certified by an engineer licensed in the State of Montana. All work
shall be reviewed and approved by the Kalispell Public Works Department prior
to construction. Note: Prior to work on Lower Valley Road the property owner
or developer shall contact the postal service regarding the temporary relocation
of mail boxes along the section of Lower Valley Road receiving work. After work
is completed the mail boxes shall be reinstalled on same or better stands.
12. Water and sewer main extensions shall be reviewed and approved by the
Kalispell Public Works Department prior to installation.
13. The developer shall submit to the Kalispell Public Works Department for review
and approval a storm water management plan that meets the requirements of
the current city standards for design and construction. The approved storm
water management plan for on -site facilities shall be completed prior to the
issuance of a building permit.
17
14. The property owner of Tract 2, prior to connecting to the city's sewer main,
shall submit an analysis on the need for a regional lift station for the area.
Prior to the issuance of a certificate of occupancy:
15. A certification from an engineer licensed in the State of Montana shall be
submitted to the Public Works Department stating that all water and/or sewer
lines have been installed per the approved plan.
16. Any off -site storm water management facilities shall be installed per the
approved plan.
17. All landscaping shall be installed per the approved landscape plan.
18. The bike trails shall be installed per the approved plan.
19. A certification from an engineer licensed in the State of Montana shall be
submitted to the Public Works Department stating that the improvements to
Lower Valley Road have been built as designed and approved.
20. The property owners of Parcel A and Tract 2 shall obtain the appropriate
permit for the approach onto Highway 93 and receive an approval from MDT on
the completion of conditions or requirements attached to the approach permit.
The approved approach permit and MDT approval shall be submitted to the
Kalispell Planning Department.
IN
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeU.com/
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME GARDNER 2-lot PUD
1.
2.
3.
NAME OF APPLICANT: _Gardner Investments LLC (tract 1 owner)
MAIL ADDRESS: P.O.Box 958
CITY/STATE/ZIP: Kalispell, Mt 59903 PHONE:
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4. NAME: _Volkswagen Real Estate LLC. - (tract if owner)
5. MAIL ADDRESS: P.O. BOX 1217
6. CITY/STATE/ZIP: _Whitefish, MT 59937_ PHONE: _406 863 2511_
7. TECHNICAL ASSISTANCE: -APEC Engineering Inc._ _
8. MAIL ADDRESS: -111 Legend Trail _
9. CITY/ STATE/ ZIP:_KALISPELL, MT, 59901 PHONE:_406 755 1333_
If there are others who should be notified during the review process, please list those.
Check One:
_X_ Initial PUD proposal
Amendment to an existing PUD
A. Property Address: 2915 HWY 2 South, Kalispell, MT
B. Total Area of Property: _7.65 acres
C. Legal description including section, township 8s range: -Southwest `/a of the
Northwest'/ of Section 28, Township 28 North, Range 21 West, P.M., M., Flathead
County, Montana, _
D. The present zoning of the above property is: _B-5/ PUD Placeholder
1
E. Please provide the following information in a narrative format with supporting
drawings or other format as needed:
a. An overall description of the goals and objectives for the development of
the project.
Site development of the two lot Planned Unit Development (PUD) as
proposed are tract land properties adjacent to Highway 93 and
Lower Valley Road located at the southerly gateway to the Kalispell
community, see attached CP-1. The two tracts of land are ideally
suited to attract commercial entrepreneurial investment that
complies with current zoning and perpetuates high quality design
and architectural standards within the area.
Glacier Volkswagen will help set the tone for future commercial
business development within the area as a continuation of the
current business development to the north. The new dealership will
compliment the Kalispell Toyota Dealership across Willow Glen and
provide the potential to form a row of similar related businesses.
The momentum achieved by establishing an attractive Volkswagen
dealership essentially acts as a catalyst for the entire area as
represented by the Future Development Conceptual Layout Plan, see
attached CP-2. Should the demand warrant and as inquiries
improve the desired property size and amenities it is likely a new
commercial subdivision with Planned Unit Development designation
will be submitted thereto the City of Kalispell Planning Department
for review and consideration. At this point future lot size and
subsequent layout with provided amenities are heavily dependent
on future interested parties.
Access for the PUD will be served from existing approaches from
each traveled public way adjacent to the property and as provided
during the most recent highway improvement project.
It should be noted that the public water and sewer facilities will be
sized for the conceptual development as shown therein and not just
the Two Lot PUD. The development potential for coherent mixed -
use commercial properties of significant size and broad in nature
will allow for numerous future site development opportunities given
the neighboring property usage of businesses such as radio stations,
auction facilities, equipment dealerships, and transfer and storage
facilities. It is the owner's intent, as the overall area is developed,
to provide additional access road(s) through the area as required to
facilitate vehicular traffic in a manner which minimizes impacts on
Hwy. 93.
Further development of nearby property will be desired though it
will be clear that the two -lot PUD as submitted is independent from
further required area development.
2
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
Area developed as shown supporting the VW dealership will be
undertaken once site and architectural plans are further developed
and approved by the City of Kalispell. Further development of the
VW dealership lot beyond what is currently shown will occur once a
supporting or similar business can be pursued. A defined timeframe
on when this can occur cannot be developed at this time.
With the development of the VW Dealership in place and operational
interest in similar and supporting business such as another
dealership, oil service facility or a carwash may be incorporated and
proposed upon. An equal or ancillary business of would most likely
be proposed to complete build out of the parcel.
C. The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
The plan as proposed herein of an automobile dealership meets B5
zoning as defined by the City of Kalispell zoning regulations.
Future development plans of the properties may require a deviation
within the zoning regulations. At this time one is not required.
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms
of the land use, densities and dwelling types proposed in the plan;
Open space will be inherently needed for landscaping requirements,
storm drainage detention and infiltration of storm water to the site
as commercial facilities and parking is required. As further
development of the area is sought each site will develop and
maintain bioswale and similar overland storage type drainage
facilities as written and required by the City of Kalispell Standards
for Design and Construction.
C. The manner in which services will be provided such as water, sewer,
storm water management; schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities.
Access to Highway 93 will be full movement access from an existing
shared approach placed between the parcels in review. Five paved
approaches exist on the east side of highway 93 between the
intersection at Cemetery Road and the road accessing the
Mergenthaler Transfer property. Future development plans,. in
accordance with the guidelines outlined by the Kalispell Growth
Policy for the Hwy. 93 South Corridor, may include frontage roads,
etc. but would need to be agreed upon as the parcels in question are
developed.
3
Pedestrian access will be along Highway 93 via a proposed 8' asphalt
bike path and along Lower Valley Road via a proposed asphalt 5'
walking path.
In coordination with the City of Kalispell Public Works, public
facilitates will be extended to adequately serve the area for an array
of development possibilities. Proposals and preliminary design have
accounted- for the various likely development potentials.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established.
The proposed development fits within the B5 zoning regulations,
and in conjunction with the existing Toyota dealership will augment
the "auto -row" concept master planned for the area. Two
dealerships will likely excite further aligned interests.
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
The current proposal herein requests development requests that
comply with current zoning of the property. The proposal of an
automobile dealership adjacent to a convenience store gas station
and another automobile dealership will help maintain uniformity
within the area.
h. Where there are more intensive uses or incompatible uses planned
within the project or on the project boundaries, how with the impacts of
those uses be mitigated.
Property development proposed herein on tract 1F and as intended
by the second lot development of tract 1 is of lot development that
complies with current zoning regulations though flexibility with
said regulations may be requested while under the PUD
development. As stated above the continuation of commercial
development is anticipated whereby the uses are likely not
significantly outside the zoning classification of B5.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
Development within the south Kalispell business or industrial area
under a planned unit development approach allows for continued
review by the City of Kalispell Planning staff. This inherently
provides the city with oversight that will help guide development
potential within the area.
j. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(1). Total acreage and present zoning classifications; 7.65
acres/B5
(2). Zoning classification of all adjoining properties; B5-
unzoned by city - (county property)
(3). Density in dwelling units per gross acre; n/a
M
(4). Location, size height and number of stories for buildings
and uses proposed for buildings; commercial in nature,
multiple stories possible,
(5). Layout and dimensions of streets, parking areas,
pedestrian walkways and surfacing; see attached for PUD
as included herein and future PUD of adjoining
properties. Extensions of pathways are planned on
public right of way for each developed adjacent to
roadway improvement.
(6). Vehicle, emergency and pedestrian access, traffic
circulation and control; As proposed the 2 lot PUD
includes two accesses per lot, tract 1 has one shared
Highway 93 approach with southern tract and one
Lower Valley Road approach. Tract 2 (south property)
has the shared approach and a second approach to the
south onto highway 93. The approach will be developed
as part of the Volkswagen site development package.
(7). Location, size, height, color and materials of signs; The 2
large existing billboard signs will be removed when
development of each lot is approved. As proposed for
the VW Dealership a pylon sign will be installed. See
attached details for specifics.
(8). Location and height of fencing and/or screening; none
planned at this point.
(9). Location and type of landscaping; see plan for developed
lot. Mostly grass, trees and bioswale compatible
grasses. Landscaping within Highway 93 and Flathead
County rights of way are to be approved by the
appropriate reviewing authority.
(10) . Location and type of open space and common areas;
Considerable open space/landscaping will be
incorporated into the storm drainage overland filtration
area.
(11) . Proposed maintenance of common areas and open space;
Open space within the lot and adjacent thereto which
included county/mdot right of way will be maintained
by the adjacent parcel owners.
(12). Property boundary locations and setback lines; noted on
plans, no deviations are requested.
(13). Special design standards, materials and / or colors; Glass
panels with white building border on face of building.
White border around glass doors for each entry point.
(14). Proposed schedule of completions and phasing of the
development, if applicable; not applicable, no subdivision
of land required within this submittal, as commercial
business is attracted to these properties requested site
development plans will be submitted to ensure
compliance.
(15). Covenants, conditions and restrictions; not applicable
(16). Any other information that may be deemed relevant and
appropriate to allow for adequate review.
If the PUD involves the division of land for the purpose of conveyance, a preliminary
plat shall be prepared in accordance with the requirements of the subdivision
regulations.
Please note that the approved final plan, together with the conditions and restrictions
imposed, shall constitute the zoning for the district. No building permit shall be
issued for any structure within the district unless such structure conforms to the
provisions of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Kalispell Planning staff to be present on the
property for routine monitoring and inspection during review process.
(Applicant Signature)
(Date)
5
If the PUD involves the division of land for the purpose of conveyance, a preliminary
plat shall be prepared in accordance with the requirements of the subdivision .
regulations.
Please note that the approved final plan, together with the conditions and restrictions
imposed, shall constitute the zoning for the district. No building permit shall be
issued for any structure within the district unless such structure conforms to the
provisions of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Kalispell Planning staff to be present on the
property for routine monitoring and inspection during review process.
-?246-
(Applicant Signature)
R
/r- 7 /--k
(Date)
rch
405-756-0354 office
Sean Conrad, Senior Planner
City of Kalispell Planning Department
201 1st Ave. East
Kalispell, MT 59901
RE: Gardner Two Lot PUD application
Tract 1F(parcel A of COS #19299), Tract 1 - (Tract 2 of COS #6628)
SW 1/4 NW1/4 S28, T28N, R21W, PMM, Flathead County
Dear Sean:
ADE.-756-5592 faX
23 January, 2013
I have enclosed copies of exterior views of the schematic design for the proposed Glacier Volkswagen
Dealership for the above noted 2 lot PUD currently under review. The design process between the
Depratu Group and Volkswagen Corp. is proceeding and will be completed soon.
The exterior views shown here meet the basic requirements from Volkswagen for the size and height of
the approved building and general architectural expression. The west facade which faces Highway 93,
(the side with the VW signage and entrance frames) represents the corporate architectural image of the
Volkswagen White Frame Dealership. As such the design of this facade is rigidly defined by contractual
agreement and cannot be changed. This is the showroom and major customer interaction space for the
dealership. The actual exterior element or White Frame wrapping the facade is a pre -manufactured
element that will arrive at the site and be affixed to the nearly completed superstructure. It presents a
simple, modern well defined outline to the building that embodies the proud engineering heritage that
Volkswagen owners have come to trust. It incorporates an internal illumination system that provides
diffused and concealed indirect highlighting of the front facade. These systems have been installed in
hundreds of communities with very strict lighting standards and I am confident that this will meet
Kalispell's standards as well. The glazing or curtain wall system is comprised of insulated clear glazing
and mullions with a sealed aluminum finish. This creates high visibility of the autos inside the
showroom.
The other sides of the building have some flexibility though within a narrow set of design constraints.
These portions of the building are the service bays and dealership support spaces. I have not received
the final approved schematics from VW thus some variations in the final exterior appearance is possible.
The basic architectural appearance is that of horizontal banding in white and grey aligned with the
heights established by the White Frame at the front facade. The materials are stucco, metal panels and
possibly CMU block construction. Material samples will be provided to the ARB when appropriate. I
will continue to update this information as it becomes available.
Please let me know if I can be of further assistance.
Sincerely,
Mark T. Johnson, Architect
GARDNER INVESTMENTS
PLANNED UNIT DEVELOPMENT
REPORT #KPUD -13-1
KALISPELL CITY PLANNING BOARD
MARCH 26, 2013
The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled
planning board meeting on March 12, 2013 and continued the meeting to March 26, 2013 to
consider information and public testimony. At the March 26th meeting the planning board
recommended the following conditions with approval of the PUD zoning request:
CONDITIONS OF APPROVAL
General Conditions:
1. The development of the two tracts of land (Parcel A and Tract 2) shall substantially
comply with the following site plan and elevations submitted as part of the Planned
Unit Development application:
A. Site Layout Plan
B. Building footprint site plan
C. Elevations of the proposed Volkswagen dealership.
2. The permitted and conditional uses for Parcel A and Tract 2 are restricted to an auto
dealership, professional office or commercial use complimentary to an auto
dealership.
3. The property owner shall maintain the landscaping on their property and from their
property line to the adjacent street or highway.
4. All utilities shall be placed underground.
5. Prior to further development on land shown on figure 2 the owner(s) shall submit a
detailed PUD layout plan for the area that addresses the following:
Conceptual design of a frontage road parallel to Highway 93 and identifying
which existing approaches along Highway 93 will be used and the nature of the
approach (i.e. right-in/right-out only, full movement approach or 3/ movement
approach).
• Identify the area and approximate size and specifications of a regional storm
water detention area.
• Approximate locations of north/south streets and east/west streets serving the area
and the type of streets proposed (i.e. local street or collector street).
• A conceptual design for lots within the area that identifies the location of
buildings to the adjacent street and their associated parking lots.
Prior to the issuance of a building permit:
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 owner prior to
the issuance of a building permit.
7. The billboards on Parcel A shall be removed.
8. A landscape plan shall be submitted to the Parks and Recreation Department for
review and approval. The landscape plan shall include an irrigation plan and specify
tree and shrub type and size at the time of planting for the parking areas, areas around
the building and adjacent right-of-ways. Note: Based on the eventual street design
for Lower Valley Road the street trees may be required to be located on private
property due to the lack of an adequate boulevard for tree survival.
9. A pedestrian/ bike path plan shall be provided to the Parks and Recreation
Department and Public Works Department for review and approval. The plan shall
show a connection to the intersection of Lower Valley Road and Willow Glen Drive
and include a bike trail along Lower Valley Road. Note: An asphalt bike trail shall
have a minimum width of 10 feet; a concrete bike trail shall have a minimum width of
8 feet.
10. A traffic analysis shall be submitted to the Public Works Department for review and
approval prior to building on Parcel A. The traffic analysis shall account for future
vehicle traffic on the approximately 55 acres of this PUD and determine the
improvements required to Lower Valley Road based on the anticipated development
and traffic volumes.
11. The property owner of Parcel A shall improve the property's frontage along Lower
Valley Road in accordance with the approved traffic analysis. All improvements
shall be completed in accordance with the City of Kalispell's Standards for Design
and Construction and Montana Public Works Standards; and shall be certified by an
engineer licensed in the State of Montana. All work shall be reviewed and approved
by the Kalispell Public Works Department prior to construction. Note: Prior to work
on Lower Valley Road the property owner or developer shall contact the postal
service regarding the temporary relocation of mail boxes along the section of Lower
Valley Road receiving work. After work is completed the mail boxes shall be
reinstalled on same or better stands.
12. Water and sewer main extensions shall be reviewed and approved by the Kalispell
Public Works Department prior to installation.
13. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water management plan that meets the requirements of the current
city standards for design and construction. The approved storm water management
plan for on -site facilities shall be completed prior to the issuance of a building permit.
14. The property owner of Tract 2, prior to connecting to the city's sewer main, shall
submit an analysis on the need for a regional lift station for the area.
Prior to the issuance of a certificate of occupancy
15. A certification from an engineer licensed in the State of Montana shall be submitted
to the Public Works Department stating that all water and/or sewer lines have been
installed per the approved plan.
16. Any off -site storm water management facilities shall be installed per the approved
plan.
17. All landscaping shall be installed per the approved landscape plan.
18. The bike trails shall be installed per the approved plan.
19. A certification from an engineer licensed in the State of Montana shall be submitted
to the Public Works Department stating that the improvements to Lower Valley Road
have been built as designed and approved.
20. The property owners of Parcel A and Tract 2 shall obtain the appropriate permit for
the approach onto Highway 93 and receive an approval from MDT on the completion
of conditions or requirements attached to the approach permit. The approved
approach permit and MDT approval shall be submitted to the Kalispell Planning
Department.
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Toronto, Ontario, Canada MIR 4E8
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LANDSCAPED AREA
PUD PROPERTY IN REVIEW
LEGEND: EASEMENT R/W
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EXISTING APPROACH
ASPHALT/CURB EDGE
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PROPOSED BUILDING
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FUTURE DEN. POND
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CONCEPTUAL COMMERCIAL
PUD VARIATION,'.j CIVIL PLANNING
SHEET INDEX
CP 1 - TRACTS 1 AND IF ENLARGED LAYOUT PLAN
CP 2 - FUTURE DEVELOPMENT PROPOSAL CONCEPTUAL
LAYOUT PLAN
DESIGN TRIBUTARY AREA OF SEWER LIFT STATION AND
DRAINAGE DETENTION AREA FUTURE WATER MAIN EXTENSIONS (GRAY HATCH)
PARKLAND AND EXISTING TRACT LAND AND RADIO TOWER EASEMENTS-
UTILITYCORRADOR, (DASHED GREY HATCH) FUTURE PUD WILL INVOLVE
SUBDIVISION OR BOUNDARY LINE ADJUSTMENT AS
CONCEPTUAL SUBDIVISION/PUD SHOWN HEREIN EVOLVES
. . . . . . ....
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.............................
EX. LEFT STATION No. 22
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PREVIOUS DEVELOPMENT WITH CITY
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PREVIOUS
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SEWER EXTENDED.
- --- - -
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kaUspell, montama
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JOSNUAGUL 121112
DRAWNDY'. KM
DATE Ammy 2W 2013
REVISIONS:
FUTURE
DEVELOPMENT
CONCEPTUAL
LAYOUT PLAN
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CP 2 — FUTURE DEVELOPMENT PROPOSAL
CONCEPTUAL
LAYOUT PLAN
GENERAL NOTES:
DRAWINGS HEREIN FOR PLANNED UNIT DEVELOPMENT CONCEPTUAL PLANNING
AND REVIEW ONLY. UPON CITY OF KALISPELL PLANNING DEPARTMENT APPROVAL
DETAILED PLANS WILL BE GENERATED FOR CONSTRUCTION DOCUMENTS SUBJECT
TO CITY OF KALISPELL BUILDING DEPARTMENT APPROVAL OF THE VOLKSWAGEN
DEALERSHIP SHOWN HEREIN.
PROPERTY NOTES: PARCEL A OF COS # 19299, TRACT I
ZONING: B-5/PUD
AREA: 4.20 ACRE
FRONT LOT SETBACK: 20 FT
r SIDE YARD SETBACK: 5 FT
REAR YARD SETBACK: 10 FT
SIDE CORNER SETBACK 15 FT
MAX. BUILDING HEIGHT: 40 FT
LANDSCAPE PARKING LOT BUFFER: 5 FT
DRIVE AISLES: 12 FT PER LANE
PARKING LOT LANDSCAPE: 5% OF TOTAL PARKING AREA, TO EXCLUDE BUFFER
f LANDSCAPE WHICH EQUATES TO 5,300 FT-2. CURRENTLY ROUGHLY 10,000
FT-2 IS PLANNED TO BE PROVIDED FULFILLING THE LANDSCAPING AND
STORMORAINAGE REQUIREMENTS FOR THE SITE.
PARKING REQUIREMENTS:
1 SPACE PER 1,500 SO. FT. OF FINISHED FLOOR (7,500/1500)= 5 SPACES
I 2 SPACES PER SERVICE BAY (-20 SPACES)
PARKING SPACE REQUIRED: 25 SPACES
PARKING SPACE PROVIDED: 56 SPACES
Engineering
kalisp as
www.apjp ec- mt.ctrt.co m
406.755.1333
DRAWNBY: KTL
TRACTS 1 AND IF
ENLARGED
LAYOUT PLAN
1
Gardner two lot PUD Application
PUD Application
•
Gardner Two Lot PUD
Including development within of
GLACIER VOLKSWAGEN
City of Kalispell, Flathead County, Montana
A formal review of the application herein is requested for the formal PUD assertion of the
below mentioned two lots currently held within a placeholder PUD as adopted by City Council.
The property in question are as described herein and shown on the supporting draft site design
documents attached.
The property: Tracts 1, 1F of the Mergenthaler Subdivision now referred to as Parcel A
of COS # 19299 and Tract 2 of COS # 6628 located in the sw1/4 of the nw1/4 of Section 28,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
The PUD application herein includes the proposed preliminary layout for development of tract
1f with conceptual layout of tract 1 of the above described property.
This application for a PUD was prepared on behalf of Gardner Investments, LLC; please use the
mailing address of PO Box 958 Kalispell, MT 59903.
APEC Inc. the technical representative is requesting review and comment on PUD development
implementation within PUD placeholder city annexed property of tract properties near the
intersection of Lower Valley Road and Highway 93.
Page 1 of 6
Gardner two lot PUD Application
Italicized text is verbatim from City of Kalispell zoning ordinance, answers follow text in
addition to completing the formal application. All supplemental information and project
layouts are included as appendixes.
PUD Application Materials. The fill PUD application submittal shall contain the following
information in the form of an overall PUD development plan and supporting text:
(a) A listing of each deviation or class of deviation from the underlying zoning district and a
justification of the appropriateness for the deviation;
N/A
(b) A listing of each deviation or class of deviation from. the city subdivision regulations
design standards and a justification of the appropriateness for the deviation;
N/A
(c) An existing topo map showing existing building and features and a proposed topo map
showing proposed topography using one to five foot intervals drawn to a scale not less than
one inch equals 200 feet showing all proposed streets, lots, buildings, open space, wetlands,
floodplain, environmental hazards, storm water facilities and other elements basic to the
development;
Both are attached and shown as 1 foot contour intervals.
(d) Proposed locations, areas, densities and types of residential and nonresidential uses and
structures within the area proposed to be developed and maximumm height of buildings or
structure;
See noted plans, Commercial usage as shown.
(e) Proposed plans for handling:
1. Vehicular traffic;
Much of the traffic is routed within the north property to Lower Valley Road and onto a
previously constructed highway approach intended for this property. A shared access
approach for both properties to highway 93 is proposed on an existing highway approach
curb cut and asphalt intended for the properties.
No detailed vehicle impact studies were conducted for the major roadways adjacent to
this site though the Highway 93 South Corridor Growth Policy Amendment was
reviewed and incorporated within the plans where possible.
2. Pedestrian traffic routes & trails including safe routes to school;
Significant pedestrian traffic is not expected at this time though walking paths will be
extended as improvements along the Highway and Lower Valley are completed. Two
asphalt paths from the intersection of Highway 93/Willow Glen are to be extended, S'
wide southbound'and 5' wide eastbound are proposed and will be reviewed by applicable
MDOT and City personnel to contribute feedback whereby construction plans will be
provided following site plan review and approval as each parcel is developed.
Page 2 of 6
Gardner two lot PUD Application
3. Sewage disposal; conceptual storm water drainage and water supply;
See attached for draft version of the related infrastructure improvements plan. Final
design, plans, and specifications are expected for extensions of the water main and the
construction of a sewage lift station.
4. Parks and open space;
Landscaping buffers are utilized throughout the site plan as shown herein in basic layout
fashion, future details will be completed. Improvements and continued maintenance of
the bioswale water treatment/storage/infiltration areas will be completed to help ensure
those needs are met while providing vegetative aesthetic appeal and lot coverage
diversity.
S. Parking;
Ample parking for customers and employees will be provided as shown on the site plan.
Significant extra parking is planned for currently while the dealership wishes to be held
only to the minimum requirements should budgetary confinements require.
6. Prominent landscaping, buffering, site perimeter and entrance treatment features;
A significant landscape buffer will be created by improving the planned bioswale and
boundary buffer.
7. Club houses, sales offices;
N/A
8. Retaining wall work in excess of 3 feet in height;
No new retaining walls will be constructed that exceed 3 feet in height.
9. Common fencing designs and locations where proposed;
Tract IF will not contain fences. Development of Tract 1 may include fence although at
this time no plans exist for the lot.
10. Commercial, directional and entrance signage;
Signage will be constructed in conformance with City of Kalispell sign requirements. At
this time one pylon dealership sign is planned and the appropriate entrance/exit signage
will be utilized to improve circulation within.
11. Street lighting and parking lot lighting where applicable;
Site lighting will be designed in conformance with City of Kalispell standards.
Photometric lighting data will be submitted to the City for review and approval.
12. Any other pertinent site development feattures.
The anticipated future development within the 2 lot PUD area is expected to be
automobile dealership in nature forming an auto -row of sorts. As proposals for
development of the tracts become available more details will be provided to the City of
Kalispell for review and approval.
Page 3 of 6
M
Gardner two lot PUD Application
(f) Elevation drawings which demonstrate visually the general architectural features of each
proposed building:or architecturally distinct grotip or type of buildings and the site perimeter
treatment. Note — This may be waived by the Zoning Administrator on a case specific
sittiation.for uses listed below which may include but are not limited to:
See attached architectural drawings.
1. Single family detached hotcsing when the lots equal or exceed the minimum lot size
of the underlying zone; and
N/A
2. Two unit townhouse or duplex development which is alley loaded and the lots
equal or exceed the minimum lot size of the underlying zone.
N/A
(g) The PUD plan shall show the botandary lines of adjacent subdivided or tan -subdivided
land and the existing zoning of the area proposed for the PUD overlay;
The attached plan shows the property as the Flathead County Clerk and Recorder records
describe the property.
(h) A timeline expressing the order in which the development shall occur and estimated time
for completing Icey components or phases;
An estimated timeline of roughly 1 'h years to design, approve and construct the VW
dealership located on the north half of tract IF. Options will be weighed and future
development of an independent business on the south half of the tract will be considered.
Tract 1 will remain undeveloped for an undefined period of time; future development will
be encouraged by the owners of the property. Future development will include site
review as required.
(i) Adequate provision for a homeowners association or other public or private management
organization to provide for the operation and maintenance of all private (non -governmental)
common facilities including any private streets or alley ways, homeowners parks, club
houses, sales offices, open space, trails, recreational facilities and amenities, shared parking
facilities, private lighting systems, stabdivision entrance signage and common mail
receptacles;
See the attached draft for shared access approach agreement applicable to tracts 1 and IF.
As future roads or highway access points develop to the south and east of these tracts, in
order to better serve the development potential for the entire area, additional agreements
will be required and will be addressed at that time.
As currently proposed delineating the shared easement approach located between tracts 1
and IF will sufficiently ensure ingress/egress of the lots as agreed to at this time and
allow for tract IF review/input given a proposal will be developed that impacts the shared
approach.
(j) Adequate provisions shall be made for maintenance of all public common facilities (e.g, a
trail or park) which are developed on public land, but intended to be maintained by a private
organization or homeowners association;
Off site lot improvements will be approved by Montana Department of Transportation
and Flathead County Road and Bridge Department. Each entity will likely review
roadway approach and right of way improvements including the sidewalk and or trails
Page 4of6
Gardner two lot PUD Application
along the properties. Improvement of ingress/egress and landscaping within the land
adjacent to Highway 93 and Lower Valley road will be completed to beautify and
promote access near the tract property. All adjacent to highway and Lower Valley Road
landscaping will be maintained by the property owner adjacent thereto.
(Ic) Where a PUD also involves a subdivision of land, it shall also meet the application
requirements of the Kalispell Subdivision Regulations and the Montana Subdivision and
Platting Act at the time the preliminary plat is submitted,-
N/A- No subdivision is requested at this time or needed for these parcels as submitted.
(l) For multi phase projects to be developed over a long period of time or where project
components are proposed which may not be built for many years;
1. The first phase of development must comply with the fill application process
outlined above.
Development of the Volkswagen dealership will be as outlined within, details
surrounding future developments will be included in subsequent submittals once
j developers are identified and plans can be generated.
2. Each phase of a multi phase PUD must be able to be free standing.
This improvement will be free standing and independent of reliance on future
developments in the area.
3. Each phase of a PUD shall not exceed the density provisions of the underlying
zone as limited by the PUD. Where a phase is proposed that complies with the
overall PUD plan but the actual density of the particular phase may exceed the
average density allowed by the underlying zone and PUD agreement, the applicant
shall either provide the necessary corresponding open space or park facilities or
suitably bond for them for development in a latter phase.
No density deviations are requested. Each developed area will have open space as
required by zoning regulations whereby no tract will exceed density requirements.
4. Future phase or major development components may show conceptual street
designs, proposed park and open space areas, trail concepts, proposed residential
density, housing types (single family, townhouse, apartment, etc.) and commercial
areas versus detailed lot, blocic, street and park development and building designs.
Based on a funding and associated conditions placed on the PUD at time of approval,
the applicant may be required to provide more specific information prior to
development of succeeding phases based on one of the following processes: (Note:
The planning staff, Planning Board or council, at their discretion, may also request
additional or more complete information relative to the future phases or components
prior to recommending or granting initial PUD approval).
a. A funding that the outstanding items are significant and therefore future
phases or components should follow the fill PUD application process;
b. A finding that the outstanding items are generally minor and therefore
future phases or components should be reviewed under the conditional use
permit process; or
Page 5 of 6
Gardner two lot PUD Application
c. A finding that the outstanding issues are insignificant and therefore f cture
phases or components should be subject to administrative review by the
Kalispell Site Review Committee; or
d. A combination of the above provisions.
(m) Any other information, plans and details which the city staff, Planning Board and/or City
Council may request to filly evaluate the development proposal and its impacts.
Page 6 of 6
HIGHWAY 93 APPROACH MAINTENANCE AGREEMENT
This AGREEMENT is made and entered into this _ day of 2013, by Gardner Investments LLC of
Kalispell, Montana, herein after known as "South Grantor." And Volkswagen Real Estate LLC of Whitefish, Montana,
herein after known as "North Grantor".
Whereas, Grantors is the owner of tracts of real property described as Parcel A of COS # 19299 (North — Volkswagen) and
Tract 2 of COS #6628 (South — Gardner), which are on file and of record in the office of the Clerk and Recorder, Flathead
County, Montana. Whereas, the Grantors are the owners of the equally shared approach serving the 2 lots. The shared
approach is roughly a rectangle of 80' width and 90' length road approach easement bisected by the common property line
between each grantors parcel.
Now, Therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Grantors wishes to grant un to each other, an equal interest in the road together with -all easements necessary for the
beneficial use and enjoyment of the road system. Therefore each owner is Grantor/Grantee of equal share.of the Highway
Approach.
1. GRANT OF INTEREST IN HIGHWAY 93 APPROACH Parcel A of,COS #'19299 and Tract 2 of COS #6628,
SW % of the NW % of Section 28, Township 28 North, Range 21 West, Flathead County, Montana, shall each receive
an equal interest in the highway approach.
2. PURPOSE OF THE EASEMENT This easement is for the purpose of (a) using, maintaining, repairing, and
improving as needed, a paved access consisting, in minimum, of two -lanes of access, one in each direction, for
purposes of unrestricted vehicular and pedestrian access, ingress, egress and regress between the GRANTOR's
property and the existing at grade approach to U.S. Highway 93, a publicthoroughfare in Flathead County. Such
unrestricted access, lanes, utilization of approach, to be of the minimum dimensions as specified herein and to locate as
currently in existence, or as amenable to both piarties but entirely within the easement boundary as depicted on the
approved PUD Site layout plan CP-1. The purposes of this Access -Easement are: 1) to provide year-round pedestrian
and vehicular access to and from the properties by the its agents, personnel, customers, clients and any
parties it so designates including, if.designated by the GRANTEE, the general public; and 2) to provide for the
installation, maintenance, repair, replacement, removal, enhancement or improvements of/to the existing traffic and/or
parking islands and related amenities as currently in place for purposes of channeling, directing and limiting traffic
lanes including such traffic as traversing the boundary of the properties per this Agreement. Nothing in this Access
Easement is intended to otherwise prohibit use of the specific access area as defined herein or of the property within
the boundary of the Access Easement by the GRANTOR, provided such use does not interfere with the continuous and
unrestricted use of the access by the GRANTEE and its agents, personnel, customers, clients and any parties it so
designates including, if specifically designated by the GRANTEE, the general public.
3. EXPENSES TO BE SHARED The parties agree to share the costs and expenses of constructing and maintaining the
above -described easement and private access in good repair for a period commencing from the date of this agreement
forward.
4. MAINTENANCE AND REPAIRS DEFINED The repairs and maintenance to be undertaken and performed under
this agreement shall include the following and only the following: filling of chuck holes when necessary, any
resurfacing when necessary, graveling when agreed to, and asphalt paving, as to cost and amount by a simple majority,
and any necessarysnow removal as agreed to by a simple majority. Any additional repairs or maintenance deemed
necessary or advisable, but not included within the Maintenance and Repairs specified above, shall not be undertaken
under this agreement except with express written consent of each party and an assumption by each in writing of their
proportionate share of financial liability for the cost of such additional repairs or maintenance.
5. LIMITS OF LIABILITY The parties hereto agree to bear equally the costs and expenses of repairs and maintenance
authorized pursuant to this agreement.
6. PERSONAL INJURY PROPERTY DAMAGE INSURANCE Each party further agrees that they will maintain, in
force and effect, an insurance policy which said insurance should be sufficient to cover any damages arising out of any
act or occurrences occurring on the road by any party and they shall bear liability in relation to their connection
therewith.
Any party, who shall, by their own act or negligence, damage the road while snow plowing, construction, or the like,
will be liable for repairing said damages within thirty (30) days after they occurred at their sole expense.
7. LEGAL ACTION Any and each party shall have the right to bring legal action against any other party for violation
of any of the provisions of this agreement, or to collect any payments due hereunder in any legal costs or other costs
reasonably incurred to enforce this agreement. Any judgment obtained in such legal action shall be enforceable as a
lien upon the property owned in this subdivision by the party who is deemed at fault.
8. BINDING AGREEMENT All parties agree that this agreement shall be binding upon their heirs, executors, assigns,
and successors in interests to their property to the terms and conditions set forth herein. "
9. AMENDMENTS AND TERMINATION This agreement may be amended or changed upon the written consent of a
simple majority involved, and this agreement may be terminated at anytime by the entering into of a formal written
termination agreement agreed to and executed by a simple majority. Said -written -consent as:discussed herein shall not
be unreasonably withheld if circumstances and events indicate that termination would be for.the good and benefit of
the parties.
10. INDEMNIFICATION Each of the parties agrees to indemnify the other against all liability for injury to himself or
damage to his property when such injury or damage shall result from, arise out of, or be attributable to any
maintenance or repair undertaken pursuant to this agreement.
11. INUREMENT The provisions of this agreement are for the benefit of and appurtenant to the real property above -
described and the right and obligations set forth herein shall run with -the tracts of real property and shall inure to the
benefit of and be binding upon the parties hereto, their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties set their'hand to this agreement.
Owner -Parcel A COS ;#`19299 — Volkswagen Real Estate LLC.
Owner — Tract 2 COS # 6628 — Gardner Investments LLC.
STATE OF MONTANA )
ss.
County of Flathead )
On this day of 2013, before me, the undersigned, a Notary Public for the State of Montana, personally appeared
Dan Pentelute, known to me°to be the person whose name is subscribed to the foregoing instrument as an individual.
In WITNESS WHEREOF, I have hereunto set my hand and affixed my official notary seal the day and year in this certificate
first above written.
Notary Public for the State of Montana
Residing at
My Commission Expires
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