01. Ordinance 1655 - Zone Change with Planned Unit Development Overlay - Cornerstone Church - 2nd ReadingPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
wivw.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT: Cornerstone Community Church zone change and planned unit
development (PUD) zoning overlay request
MEETING DATE: April 6, 2009
BACKGROUND: This is the second reading on a request for a zone change to B-
1/PUD (Neighborhood Buffer District/Planned Unit Development) for 3 acres of a 3.9
acre property. The property can be legally described as lot IA, Kalispell Addition No.
15A located within Section 1, Township 28 North, Range 22 West P.M.M, Flathead
County, Montana. The Kalispell City Council approved the first reading of the
ordinance at their regular meeting of March 23, 2009 with the following amendment:
• The applicant shall install a "stop sign" on the outbound lane of the "y"
intersection onto US 93 to stop cars before the bike trail and a "pedestrian yield
sign" on the inbound lane of the "y" intersection on US 93 before the pedestrian
trail to alert drivers of pedestrians on the bike trail.
The council also directed staff to contact the Montana Department of Transportation
(MDT) regarding the installation of left turn signals for the east and west bound traffic
on Northridge Drive and to review the appropriateness of a four-way stop at the
intersection of Parkway Drive and Northridge Drive. Letters from the Public Works
Department Director to MDT and discussing the four-way stop are attached.
RECOMMENDATION: A motion to approve the second reading for the zone change
and planned unit development would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: March 31, 2009
Myrt Webb
Interim City Manager
c: Theresa White, Kalispell City Clerk
Public Works Department 1'( OIV r j ETA
201 ] Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831
www.kalispelLcom
March 24, 2009
Doug Moeller
District Administrator
Montana Department of Transportation
P.O. Box 7039
Missoula, MT 59808
Ref_ ITS 91 Left Tnrn Phase Sionnl Mndificntinnc _ Knlienell NN S_7(1A9)(,0
Dear Mr. Moeller:
The Kalispell City Council has asked that I contact you regarding the signal modification
project for US 93 in Kalispell. The City is very interested in discussing with you a change to this
project to add the installation of dedicated left turn arrows to the east and west approaches of
Northridge Drive at its intersection with US 93. Traffic at this intersection has increased greatly
over the past few years and will increase further as development in and around the intersection
continues to advance. Of particular concern to the City Council is the growing potential for
vehicle/pedestrian conflicts involving school -age children who regularly traverse the intersection
as they move between their homes, schools, churches and recreation facilities. The City Council
believes the safety of all who use this intersection would be much enhanced by the requested
change.
Please let me know when we can discuss this project and how the City can assist in
making this change a part of the work planned for this intersection.
Si
JaKwsT. Hansz, P.E. /
Director of Public Wor / City Engineer
Cc: Myrt Webb, Interim City Manager
Mayor Kennedy and City Council 4 '
Public Works Department
MO V rA )VA
201 1"Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720— Fax (406)758-7831
www.kalispell com
March 30, 2009
Doug Moeller
District Administrator
Montana Department of Transportation
P.O. Box 7039
Missoula, MT 59808
Ref: All -Way Stop Analysis — Northridge Drive (U6703) and Parkway Drive
Dear Mr. Moeller:
The Kalispell City Council has asked that I contact you regarding the potential
installation of All -Way stop control at the intersection of Northridge Drive (U6703) and Parkway
Drive in Kalispell. It is our understanding that this type of stop control would require satisfying
very specific MUTCD warrants in order for the installation to proceed. In this regard, the City
would be most appreciative of any assistance that can be provided by MDT to ensure the analysis
is performed in full compliance with the requirements of MDT and the MUTCD. We would be
happy to work with your staff in the local Kalispell office, the Missoula District office or with
personnel in Helena to ensure we have addressed all the technical contingencies related to this
matter.
Please let me know when we can discuss this in more detail.
Sincerely,
:Tames G lansz, P.E. `
Director of Public Works /
Cc: Myrt Webb, Interim City Manager
Mayor Kennedy and City Council ✓
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOT 1A, KALISPELL
ADDITION NO. 15A LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3
(URBAN SINGLE FAivtiLY IA ESIDEN T iAL)) I" C1 T Y B-1(NEiiTIIisORHOCvD B u rr jR
DISTRICT) WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, the Cornerstone Community Church, the owner of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned B-1, Neighborhood Buffer District, with a Planned
Unit Development overlay on approximately 3 acres of land, and
WHEREAS, the property is located on the west side of Highway 93 at the intersection of Highway
93 and Northridge Drive, and
WHEREAS, the petition of the Cornerstone Community Church was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KZC-09-01/KPUD-
08-03, in which the Kalispell Planning Department evaluated the petition and
recommended that the property as described above be zoned B-1, Neighborhood
Buffer District with a Planned Unit Development overlay, pursuant to Kalispell City
Code 72.21.030(2)(b), and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on February
10, 2009, and recommended that the zoning be City B-1, Neighborhood Buffer
District with a Planned Unit Development overlay, pursuant to Kalispell City Code
72.21.030(2)(b), and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-1, Neighborhood Buffer District with a Planned Unit Development
overlay, the City Council finds such zoning to be consistent with the Kalispell
Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-
608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602,
the findings of fact of KPD as set forth in Staff Report No. #KZC-09-01/KPUD-08-
03.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as B-1, Neighborhood Buffer District with a
Planned Unit Development overlay on approximately 3 acres of land,
subject to the conditions attached as Exhibit "A".
SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance net amended herehv shall remain in full force and effect
SECTION III. 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 6TH DAY OF APRIL, 2009.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT A
CORNERSTONE COMMUNITY CHURCH PUD
General Conditions:
The Planned Unit Development for Cornerstone Community Church allows the following
deviations from the Kalispell Zoning Ordinance:
A. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum side yard setback in
the B-1 zoning district)
Allow a zero side yard setback.
B. Kalispell Zoning Ordinance, Section 27.13.020(7) (Permitted uses within the B-1
zoning district)
Allow four drive -through lanes with an associated bank of up to 9,000 square feet with a
maximum footprint of 6,000 square feet.
C. Kalispell Zoning Ordinance, Section 27.13.040(3) (Rear yard setback of 20 feet)
Allow a reduced rear yard setback from 20 feet to 10 feet.
2. That the development of the site shall be in substantial compliance with the following plans,
materials and other specifications as well as any additional conditions associated with the
PUD as approved by the city council:
• Exhibit B — Zoning Diagram
• Exhibit D — Site Plan
• Exhibit E — Cross Sections
• Exhibit G — Signage and Lighting Plan
Note: Freestanding signs for the bank are prohibited.
Bank signage shall be limited to wall signs on the north, south and west
facing walls of the bank building.
• Elevations for the bank
3. Prior to issuance of a building permit for the bank the developer shall submit a detailed
landscape plan for the entire PUD site, with input from the Kalispell Architectural Review
Committee, to the Parks and Recreation Department for review and approval. The plan shall
include the following elements:
• Trees planted along Highway 93 shall be 30 feet on center and extend along the
buffer areas along the parking lot serving the church and the bank building. Tree
placements would still need to meet site distance requirements.
• The land between the right-in/right-out driveways along Highway 93 shall include
grass sod.
Note: The Montana Department of Transportation must approve any landscaping
within its right-of-way.
The garbage enclosure along the western PUD site boundary shall include a fence or
wall on three sides and evergreen trees shall be planted to screen the west facing
fence or wall.
• Evergreen trees along the western zoning boundary of B-1 shall be a minimum of
three feet in height at the time of planting.
The approved landscaping plan shall be installed prior to issuance of a certificate of
occupancy for the bank building.
4. All maintenance of landscaping along Highway 93 and Northridge Drive shall include
landscaping on the property and within the adjacent right-of-ways to the back of curb or edge
of pavement.
5. Prior to issuance of a building permit the developer shall submit an overall stormwater report
which meets current city standards for the entire PUD development. The report shall be
reviewed and annrnved by the Pnhlic Wnrkc T�enartment The. annmvt-ri re.nnrt chnll he
-- � -- .. -- ----- rr-- -- -.1 ---- - __ .. -__ J t ___ __.. -,,--rt,�....,.. 1-t,..,�,..,.. - --
installed prior to issuance of a certificate of occupancy for the bank.
6. Prior to a_y excavation or earthwork, a City Stormwater Management Permit shall be
approved and issued from the Kalispell Public Works Department. In accordance with
Ordinance 1600, the permit shall include a permit application, site map, narrative describing
the best management practices to be used and a completed checklist. In addition to the City
Stormwater Management Permit the developer shall submit a copy of the State General
Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution
Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management Permit.
7. Prior to issuance of a building permit the applicant shall provide the planning department
with a properly drawn legal instrument to be recorded with the County Clerk and Recorder,
executed by the parties concerned for joint use of off-street parking facilities and approved as
to form and manner of execution by the City Attorney.
8. Permitted and conditional uses within the B-1 zoning district shall be restricted to that
portion of the property zoned B-1 to avoid encroachment of business uses on the land shown
as remaining R-3 on Exhibit B of the application.
9. 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. The development
agreement shall be submitted with the building permit for the bank.
10. Approval of the planned unit development (PUD) shall be valid for a period of two years
from the date of approval with the possibility of a one-year extension to be granted by the
city council. Within this time, the developers shall obtain the necessary permits and
approvals to complete the improvements as shown on the approved PUD site plan.
11. The 25 parking spaces, along Highway 93, between the highway and church shall be signed
"Church Parking Only" to prohibited bank parking on these spaces. The "Church Parking
Only" signs shall be installed prior to the issuance of a certificate of occupancy for the bank.
The number of signs, their size and location shall be reviewed and approved by the planning
department prior to installation.
12. The applicants shall install a "stop sign" on the outbound lane of the "y" intersection onto US
93 to stop cars before the bike trail and a "pedestrian yield sign" on the inbound lane of the
"y" intersection on US 93 before the pedestrian trail to alert drivers of pedestrians on the bike
trail.
Cornerstone Community Church
REQUEST FOR ZONE CHANGE FROM R-3 TO B-1
STAFF REPORT #KZC-09-1
REQUEST FOR A PLANNED UNIT DEVELOPMENT
STAFF REPORT #KPUD-08-3
KALISPELL PLANNING DEPARTMENT
FEBRUARY 3, 2009
A report to the Kalispell City Planning Board and the Kalispell City Council regarding the
request for a zone change and Planned Unit Development (PUD) on a property located on
the west side of Highway 93 at the intersection of Highway 93 and Northridge Drive. A
public hearing has been scheduled before the planning board for February 10, 2009,
beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will
forward a recommendation to the Kalispell City Council for final action.
A. Petitioner and Owners: Cornerstone Community Church
1970 Highway 93 North
Kalispell, MT 59901
(406) 752-4088
Technical Assistance: Thomas, Dean 8s Hoskins, Inc.
35 Three Mile Drive, Suite 101
Kalispell, MT 59901
(406) 751-5246
B. Nature of the Request: The Cornerstone Community Church has requested a zone
change from R-3 (Urban Single Family Residential) to B-1 (Neighborhood Buffer
District) on the eastern two-thirds of their property to accommodate a future bank.
The request also includes a Planned Unit Development (PUD) overlay zoning district
for the approximate 3 acre portion of the property requested to be rezoned to B-L
The primary purpose of the PUD is to insure compatible development with the
neighboring R-3 zoning to maintain neighborhood integrity.
The property owner has requested several deviations as part of the PUD from the
proposed B-1 zoning district. These deviations include reducing the side setback
from 5 feet to zero, reducing the rear setback from 20 feet to 10 feet and permitting
a bank which exceeds the maximum square footage and drive -through lanes under
the B-1 zoning district.
Currently, the B-1 zoning district permits drive -through facilities with no more than
two driving lanes and no larger than 2000 square feet. The 2000 square feet refers
to the size of the building typically associated with drive -through banking. The
church is requesting a bank be permitted on an approximately one acre site located
at the intersection of Highway 93 and Northridge Drive. The bank would have no
more than four drive -through lanes instead of two and have an associated bank
building with a footprint not to exceed 6000 square feet. The building itself will be
two stories between 8,000 and 9,000 square feet.
The planning board and council should also be aware that the planning department
issued a waiver of preliminary plat letter to the church in July of 2008. The waiver
letter provided the church preliminary approval to create a one acre lot at the
intersection of Highway 93 and Northridge Drive to accommodate the bank and
associated drive -through facility. The waiver of preliminary plat approval is subject
to 12 conditions and city council's final approval. The waiver of preliminary plat
does not have any bearing on the zone change and PUD request but is part of the
larger development proposal of the project site.
Location and Legal Description of Property: The property is located at the
northwest corner of the intersection of Highway 93 and Northridge Drive and can be
legally described as Lot 1A, Kalispell Addition No. 15A in Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana. The property is
approximately 3.94 acres in size.
C. Existing Land Use and Zoning: The property is within the city limits, is zoned R-3,
and has an existing church, Cornerstone Community Church, located on the
northern portion of the property.
The R-3, Urban Single Family Residential, zoning district is a residential district to
provide lot areas for urban development. The minimum lot size in the R-3 zoning
district is 7,000 square feet and all development in the district must be served by
public utilities.
D. Proposed Zoning: The B-1 zoning district allows certain commercial and
professional office uses where such uses are compatible with the adjacent residential
areas. The minimum lot size for the district is 7,000 square feet and the minimum
lot width is 60 feet. Setbacks in the front are 20 feet; in the rear 20 feet; and on the
sides 5 feet.
The PUD zoning overlay district functions in concert with one or more of the
underlying zones to provide a comprehensive, integrated development plan which
w'iil se. Je to mod'uy +he underlying zone. Along witch the opt -on to modify the
underlying zoning district the PUD is intended to preserve and enhance the integrity
of the area.
E. Adjacent Land Uses and Zoning:
North: Single-family residential; R-3 zoning
East: Commercial office and retail; Buffalo Commons PUD zoning
South: Single-family residential and commercial; R-4 zoning
West: Single-family residential; R-3 zoning
F. General Land Use Character: The 3.9 acre project site is situated between
Highway 93 on its eastern boundary and the Northridge Subdivision on its north
and west boundary. This section of Highway 93 is predominately commercial
businesses including restaurants, car wash, mortuary, a hotel and professional
offices. Just north of the project site are six residential lots which back up
Highway 93. The residential development ends before the intersection of Highway
93 and Four Mile Drive,
2
G. Utilities and Public Services:
Sewer:
City of Kalispell/On-site septic system
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING AND
PROPOSED PUD OVERLAY
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. Findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell
Zoning Ordinance.
1. Does the requested zone comply with the Kalispell Growth Policy?
The eastern portion of the property is designated by the Kalispell Growth Policy
2020 as "Urban Mixed Use Area" which encourages the development of compact,
centrally located services and employment areas that provide easy connections
between existing commercial and residential neighborhoods. Section 7.d of
chapter 4 of the growth policy also recommends creating a gradual transition into
the residential neighborhoods by encouraging ml*-fuyotheriva«l,ooffices, aid
compatible uses as a transition tool with sensitivity to compatible design.
The Kalispell Zoning Ordinance, section 27.13.010, states the intent of the B-1
zoning district is to provide certain commercial and professional office uses where
such uses are compatible with the adjacent residential areas. The B-1 district is
intended to serve as a buffer between residential areas and other commercial
districts. The B-1 zoning district is not intended for those businesses that require
the outdoor display, sale and/or storage of merchandise, outdoor services or
operations to accommodate large-scale commercial operations.
The planned unit development (PUD) overlay zoning district is proposed to insure
impacts to the neighboring residential development will be minimized. The PUD
also provides assurance to the neighborhood that if major modifications are made
to the land under the PUD zoning, additional city council approval is required.
The following goal and policy in the Kalispell Growth Policy provide for the
protection of the existing residential neighborhood that the PUD is intended to do:
3
Chapter 4, Goal 7
Maintain the integrity of well -established residential areas by avoiding the
encroachment of incompatible uses.
Chapter 4, Policy 7.e
Avoid encroachment into established, intact residential areas.
Based on the policies regarding Urban Mixed Use Areas in the Kalispell Growth
Policy and the purpose of the B-1 zoning district and PUD overlay zoning, the B-
1 / PUD district is consistent with the growth policy and the current land use
designation.
The western portion of the project site is designated as Urban Residential. The
current R-3 zoning for the property is consistent with this land use designation
and is proposed to remain on the western portion of the property.
2. Is the requested zone designed to lessen congestion in the streets?
The uses allowed under the proposed B-1 may potentially generate more traffic
than those allowed under the existing R-3 zoning. However, with direct access
onto Highway 93 and Highway 93 via Northridge Drive impacts to local streets to
the west of the project site should be minimal.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. New construction will be required to be in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal services including police and fire protection, water
and sewer service is available to the property and will be utilized at the time
another building is constructed on the project site.
A. WU u` ie requested zone promote t ie health and general welfare?
The requested zoning classification will promote the health and general welfare by
restricting land uses to those which would be compatible with the adjoining
properties. The B-1 zoning also provides a place for additional commercial uses
in relatively close proximity to existing residential development in the community.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
6. Will the requested zone prevent the overcrowding of land?
As previously noted, this area has been anticipated for mixed use development
and since public water and sewer are available, the B-1 zoning designation is
appropriate. The anticipated uses within the Urban Mixed Use designation in the
E
growth policy fall within those permitted and conditionally permitted in the
proposed B-1 zoning designation. The PUD overlay zoning district requires site
specific review of the project with major changes that would potentially increase
the density of people on the property needing additional review by the planning
department and city council. All public services and facilities will be available to
serve this property. An overcrowding of land would occur if infrastructure were
inadequate to accommodate the development in the area. This is not the case.
7. Will the requested zone avoid undue concentration of people?
Minimum lot standards and use standards will avoid the undue concentration of
people at the time the property is developed.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property. The Kalispell Growth Policy encourages new development in areas
where these services are available especially water and sewer services.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The land is fairly level and no creeks, water bodies, wetlands or steep slopes are
located on the property. This surrounding area is developed with urban scale
residential and commercial development. The proposed B-1 zoning district and
uses planned under the PUD zoning are consistent with the existing and
anticipated land uses in the area. The proposed B-1 zoning district is proposed
on the eastern portion of the property with the existing R-3 zoning to be
maintained between the proposed B-1 and existing residential development
further west. The proposed B-1 zoning would serve as a buffer between the
highway noise, typically seen as an incompatible use when it is immediately
adjacent to residential development, and the established residential development
to LL west.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area to the east and south is urban sized lots with
commercial and professional office development. North and west of the project
site are urban sized residential lots. The proposed zone change takes into
account the commercial nature along Highway 93 with the B-1 zoning district.
The property owners have recognized the residential development to the west of
the site and have therefore maintained the R-3 zoning district along the project
site's western boundary.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the .area will be conserved because the B-1 zoning will
promote compatible and like uses on this property as are found on other
properties in the area.
5
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Urban scale commercial development should be encouraged in areas where
services and facilities are available. The proposed zoning is consistent with the
master plan and surrounding zoning in the area and will promote commercial
development compatible with existing residential development in the area.
EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Project Narrative: The project site is 3.9 acres in size and is currently developed
with a church. The church requested to subdivide their property in July of 2008
and create an approximately one acre lot located at the corner of Northridge Drive
and Highway 93. The intent of the subdivision was to create a future lot to build a
bank or some other type of professional office. To construct a bank or professional
office the church was informed that a zone change was needed from the current R-3
zoning of the property to a business zoning district.
In July of 2008 the planning department waived the preliminary plat requirements
for the subdivision on the church property. The preliminary plat waiver was subject
to 12 conditions with final plat approval still needed from the city council. Knowing
the church's intent of the subdivision the planning department included the
following on the preliminary plat waiver letter:
Based on an earlier conversation with you it is my understanding that the
intent of the subdivision is to accommodate a future bank or other
professional office on the one acre site at the intersection of Highway 93 and
Northridge Drive. The current zoning on the property is R-3, Urban Single
Family Residential, which does not permit banks or other professional offices.
A future bank or prr fession al office may only obtain a building permit on the
one acre site if a zone change is approved by the city council to a zoning
district which permits or conditionally permits such uses. It is the planning
department's recommendation that the church utilize an appropriate zoning
district in concert with a planned unit development overlay to best insure
compatible development to maintain neighborhood integrity.
Although the bank is requesting several deviations from the requested B-1 zoning
district the main purpose of the PUD request is to insure future development is
compatible with the existing residential development and to maintain neighborhood
integrity.
In order to allow the future bank, as proposed, on the site the owners are requesting
two deviations or relaxations from the Kalispell Zoning Ordinance. The relaxations
are as follows:
1. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum side yard setback in
the 13-1 zoning district) to allow a zero side yard setback.
2
2. Kalispell Zoning Ordinance, Section 27.13.020(7) (Permitted uses within the B-1
zoning district) to allow four drive -through lanes with an associated bank. The
bank building footprint would be up to 6000 square feet with the total bank size
between 8,000 and 9,000 square feet.
The church is also requesting a deviation from the rear setback requirement in the
B-1 zoning district to reduce the setback from 20 feet down to 10 feet. This is
intended to bring the existing church structure into compliance as it is located
within 20 feet of the property's rear setback.
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:
1. The compliance of the proposed PUD with the Kalispell Growth Policy
The PUD site plan provides assurance to the neighborhood of the design and type
of uses that would be built at the intersection of Highway 93 and Northridge
Drive. If major modifications are made to the land under the PUD zoning,
additional city council approval is required. The following goal and policy in the
Kalispell Growth Policy provide for the protection of the existing residential
neighborhood that the PUD is intended to do:
Chapter 4, Goal 7
Maintain the integrity of well -established residential areas by avoiding the
encroachment of incompatible uses.
Chapter 4, Policy 7.e
Avoid encroachment into established, intact residential areas.
The PUD site plan includes a path connection from the existing church to the bike
path along Highway 93. The proposed bank also provides a sidewalk connection
to a future sidewalk to be constructed in conjunction with the bank along
Northridge Drive. In addition, the proposed bank has been located to provide a
significant landscape area between the bank and Highway 93. Landscaping and
berming is also proposed along Highway 93 to shield parking associated with the
church. The landscaping will complement existing landscaping across Highway
93 in the Buffalo Commons PUD. These proposed design elements in the PUD
site plan comply with the following goal and policy:
Chapter 8, Goal 2
Encourage design that is consistent with and contributes to the character of
the area and that promotes safe and accessible pedestrian access and
movement.
Chapter 8, Policy 7
Encourage the design of new development to relate to significant features of
the surrounding area and development of off street parking.
0
2. The extent to which the plan 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
As stated above the owners are requesting 3 relaxations in the zoning ordinance.
Below are the 3 relaxations requested with planning staffs comments in italics.
1. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum side yard setback
in the B-1 zoning district) to allow a zero side yard setback.
The application states that the zero side yard setback is proposed to improve the
drive -through aisle and provide adequate access to the drive -through along the
north side of the bank structure. The setback is between the two proposed lots
within the development and will have no detrimental effect on any adjoining
properties. The application also notes that the zero setback also provides a more
economic use of space and mass.
The planning department agrees that a zero setback from an interior lot line within
the development will not have any detrimental effect on adjoining properties. This
deviation allows flexibility on the developers with regards to bank location.
2. Kalispell Zoning Ordinance, Section 27.13.020(7) (Permitted uses within the B-
1 zoning district) to allow four drive -through lanes with an associated bank.
The bank building footprint would be up to 6000 square feet with the total
bank size between 8,000 and 9,000 square feet.
The application states that this departure is predicated on the existing adjacent
PUD (Buffalo Commons) across the highway from this site. The application
further points out that by developing the property as a PUD it guarantees
neighboring residents of the area a clean two building layout plan will be
constructed. Major changes to the plan are not permitted except with city council
approval.
During the planning board's January 27th work session on this project the
owner's representative stated that although the PUD request would allow a larger
bank building, development standards in the B-1 would allow multiple lots at 60
feet in width on the project site. On each of these lots a building, an office or
retail building up to 3,000 square feet, could be constructed creating a small strip
mall in excess of 9,000 square feet which can be found across the highway. The
PUD, by permitting one 6,000 square foot building, will enhance the intersection
because of an integrated design and landscaping plan and avoid an additional
strip mall on the west side of the highway.
The planning department would agree that by permitting this deviation to allow a
larger bank and two additional drive -through facilities it will provide a single
building at this prominent intersection. However, to be consistent with sign
restrictions on surrounding PUD developments in the immediate area and along the
Highway 93 North corridor the planning department recommends the following sign
restrictions for the bank:
RI
• Freestanding signs for the bank are prohibited.
• Bank signage shall be limited to wall signs on the north, south and west facing
walls of the bank building.
3. Kalispell Zoning Ordinance, Section 27.13.040(3) (Rear yard setback of 20
feet) to allow a reduced rear yard setback from 20 feet to 10 feet.
The church has requested this deviation to bring the existing church building on
the property into compliance with its existing setback, at approximately 15 feet
from the rear property boundary.
The planning department is currently reviewing and updating the zoning ordinance
for the entire city and intends to begin in-depth discussions on this update with the
planning board in the coming months. One of the department's recommendations
will be to reduce the rear yard setback for the B-1 zoning district from 20 feet down
to 10 feet. The church had applied for a 15 foot setback and, if granted, may have
limited the church's ability to expand or renovate the church in the future if the B-1
zoning district setback is reduced to 10 feet. Therefore, the church amended their
application to request the 10 foot setback.
The requested deviations are considered to be in the public's interest because it
will provide additional infill commercial development which will not be
detrimental to neighboring properties. Through the PUD process the residential
neighborhood can be assured of what will be built at this prominent intersection.
3. 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 provides abuild-out proposal for the eastern t7.7- thirds of *u e
3.9 acre project site which incorporates the existing Cornerstone Community
Church. The PUD plan proposes landscaping and open space varying between 12
feet to over 60 feet along Highway 93. The plan also shows a green belt along the
western boundary between the B-1 and R-3 zoning districts. The green belt varies
between 8 feet and 15 feet and is proposed to be planted with evergreen trees.
This greenbelt is required under Section 27.22.050 of the Kalispell Zoning
Ordinance when a business or "B" zoning district has a common boundary with a
residential or "R" district as is the case with the bank property. The greenbelt
along the western boundary also serves to shield car headlights from the bank
drive -through and parking lot which would otherwise shine west into the windows
of neighboring homes.
The PUD is self contained in that it does not connect to neighboring properties
internally. This was encouraged because the planning department did not want
additional business traffic using Parkway Drive as a means to access the future
bank on the site. Vehicular traffic is now directed onto and off of Highway 93 and
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Northridge Drive. The PUD plan provides for pedestrian connectivity to the
adjacent bike/pedestrian path along Highway 93 by way of sidewalks and striping
through the parking lot. A sidewalk is also proposed to the south and west of the
bank. This sidewalk would serve the bank users and would connect to a future
sidewalk along Northridge Drive to be constructed as part of a subdivision on the
project site.
The combination of increased landscaping along the highway and construction of
sidewalks within and adjacent to the PUD project would add to the walkabilty of
the eastern edge of the Northridge neighborhood. The future bank would provide
a service for the immediate neighborhood as well as the larger community within
a building that is not out of scale with similar commercial buildings in the
immediate area.
4. 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
As discussed above the PUD plan includes open space along Highway 93 and the
western boundary of the proposed B-1 and existing R-3 zoning districts. Exhibit
E provides cross sections of the parking lots with the associated landscaping. The
open space along Highway 93 will include a combination of 3 to 4 foot high
landscaped earth berm with trees planted approximately 30 feet on center. The
zoning district boundary between the proposed B-1 and R-3 zoning districts
includes a vegetative screen of evergreen trees of the arborvitae variety. The trees
will be planted in a grid pattern within the open space. This vegetative screen will
provide a visual buffer for residential homes to the west of the site and help to
shield car headlights.
For consistency with the existing landscape buffer across the highway from the
project site the planning department is recommending the following additions be
included in the final landscape plan:
• Trees planted along Highway 93 shall be 30 feet on center and extend
along buffer areas along the parking lot serving the church and the bank
building. Tree placements would still need to meet site distance
requirements.
• The land between the right-in/right-out driveways along Highway 93 shall
include grass sod with ultimate approval provided by the Montana
Department of Transportation.
• All maintenance of landscaping along Highway 93 and Northridge Drive
shall include landscaping on the property and within the adjacent right-of-
ways to the back of curb or edge of pavement.
The maintenance provision in the proposed CC&R's includes maintaining
landscaping out to the back of the curb. Planning staff is still recommending this
maintenance provision be part of the PUD approval to insure future property
10
owners are aware of and comply with the landscaping maintenance in the
adjacent right-of-way.
The planning department also recommends the garbage enclosure along the
western PUD site boundary include a fence or wall on three sides (north, south,
and west) and the proposed evergreen trees planted to screen the west facing
fence or wall.
Section 27.26.030(6) of the Kalispell Zoning Ordinance requires a minimum of 5%
of the total interior parking lot area be landscaped. The PUD site plan, Exhibit D,
provides a breakdown of the square footage of paved surface and the square
footage of landscaping. Exhibit D shows lot 1, the location of the existing church,
will include a paved area of 29,895 square feet and 4,600 square feet of
landscaping comprising 15% of the total paved area on the lot. Lot 2, the future
bank location, will include 20,586 square feet of paved area with 4,200 square
feet of landscaping comprising just over 20% of the paved area on lot 2.
Therefore, under the proposed PUD plan each of the lots includes a landscaping
plan which far exceeds the minimum amount required under the zoning
ordinance.
Exhibit K, Declaration of Covenants, Conditions and Restrictions (CC&.R's), for the
project includes a maintenance provision for the landscaping and buffer areas of
the PUD project site. Section 10 of Article Vl of the CC&,R's states the
maintenance of the landscaping extends from the property boundary to the back
of curb. This provides a uniform appearance from the building or parking lot to
the edge of the adjoining roadway and is consistent with the landscaping
maintenance businesses due east of this site.
The amount of open space and landscaping is adequate given the commercial
nature of the site and lack of any residential development. With the
recommended conditions from the planning staff for increases in landscaping the
open space and landscaping would be adequate for the proposed uses on the
property.
5. 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
A. Public Services
City water and sewer lines are located within the Northridge Drive right-of-way.
The existing church is currently served by city water but uses an on -site septic
system. The church may continue to use this system until it needs replacing. At
that time county regulations may require the church to hook up to city sewer.
The new bank building will hook up to both the water and sewer main lines along
Northridge Drive.
There are no storm sewer lines in the area of the project. The owners have
proposed retaining stormwater on -site using a series of rain gardens. The rain
gardens will include local species of drought resistant foliage. Prior to issuance of
a building permit the developer will need to submit an overall stormwater plan for
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the entire development to be reviewed and approved by the Public Works
Department.
B. Control over vehicular traffic
The existing access points for the 3.9 acre tract of land include one driveway off of
Northridge Drive and one driveway off of Highway 93. The driveway off of
Highway 93 is unrestricted so that traffic may enter or exit crossing either north
bound or south bound lanes. The proposed PUD site plan includes eliminating
the existing driveway onto Highway 93 and replacing it with a designated right-
in/right-out driveway further south, closer to the intersection of Highway 93 and
Northridge Drive. The church has contacted the Montana Department of
Transportation (MDT) and received a permit to install the right-in/right-out
driveway at the location shown on the site plan.
The driveway off of Northridge Drive will be widened to accommodate two-way
traffic to serve both the church and future bank. During the planning board work
session concerns were raised regarding the internal traffic flow on the site with
respect to the four bank drive -through lanes. The bank had proposed a one-way
access on the east side of the bank off of Northridge Drive to serve the drive -
through lanes. This was removed from the site plan because of safety concerns
with placing an access driveway so close to the intersection of Highway 93 and
Northridge Drive. There should be limited traffic problems on the site however,
since the church traffic will generally take place during evening or weekends when
the bank is closed.
The intersection of Highway 93 and Northridge Drive will experience some
increase in traffic due to the bank locating there. However, MDT is expected to
install left turn signals at the intersection to allow north bound traffic a protected
left turn movement onto Northridge Drive. Northridge Drive will experience an
increase in traffic but this will most likely occur within the first 200 feet of the
intersection of Highway 93 and Northridge Drive as users of the bank enter and
exit onto Northridge Drive.
Parking will be shared between the bank and church properties. A total of 71
parking spaces are needed for the church based on a requirement of one parking
space per 40 square feet in the main assembly area. The PUD site plan, Exhibit
D, indicates the bank will need 19 parking spaces. Due to the off -hour times
each of the buildings will use the bank and church are able to have a joint use of
the parking lots on each of their properties. Section 27.26.040(4)(c) of the
Kalispell Zoning Ordinance requires the following for joint use of a parking lot:
The applicant shall show that there is no substantial conflict in the principal
operating hours of the two buildings or uses for which joint use of off-street
parking facilities is proposed; and
2. The applicant shall present to the Zoning Administrator a properly drawn legal
instrument to be recorded with the County Clerk and Recorder, executed by
the parties concerned for joint use of off-street parking facilities and approved
as to form and manner of execution by the City Attorney; such instrument to
be filed with the Zoning Administrator.
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Because one of the buildings is a church there will not be a substantial conflict in
operating hours with the bank. The second condition will be required to be
recorded prior to issuance of a building permit for the bank.
The proposed number of parking spaces are sufficient for both the church and the
bank. However, if the church or bank were to ever expand or one or the other was
to change its use, the number of off-street parking spaces may be an issue. This
issue may limit or prohibit certain uses normally permitted under the B-1 zoning
district.
C. Visual enjoyment
The existing church is not planning any major renovations to the building. The
paved parking lot serving the church will include landscaping consisting of a
berm, trees and grass. Elevations of the new bank building included with the
application packet show the bank building with a pitched roof, large windows on
the north and south elevations with half the east facing wall using windows to
take advantage of the views. Stone will also be used for the outside construction
of the building. In addition, the bank will have a landscape berm and large
landscape area between the east facing wall of the bank building and Highway 93.
Currently, the property is developed with the church and a parking lot. Grass
makes up the remainder of the site. With development of the site the buildings
and accompanying landscaping will help bring this site into the developed urban
fabric of this area finishing the last undeveloped corner at the intersection of
Highway 93 and Northridge Drive.
D. Recreation
The proposed PUD includes a church and future bank site. No residential
development is included in the PUD request and therefore no parkland is
required. The exiting church does have a small playground just north of the
church building and a city park, Northridge Park, is located approximately 300
feet to the west.
6. 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 in conjunction with a zone change to B-1 would permit a bank
to locate on a one acre portion of the 3.9 acre property. The northern portion of
the property is already developed with a church which has been there for several
decades. Further development of the eastern portion of the lot will establish an
office use with standard daytime operating hours and limited weekend hours at a
busy intersection. Access to the site has been restricted to Highway 93 and
Northridge Drive to reduce the potential for commercial related traffic to disrupt
local residential streets in the area. Therefore, no substantial impacts to
neighboring residential lots are anticipated.
To help screen potentially incompatible uses the zoning ordinance requires a
13
greenbelt when a business "B" zoning district has a common boundary with a
residential "R" zoning district. The zoning ordinance states that if a hedge is used
as a screen instead of a fence the hedge shall obtain a height of at least six feet at
maturity.
The PUD site plan includes a dense planting of Emerald Green arborvitae along
the majority of the boundary of the proposed B-1 and R-3 zoning district.
Emerald Green arborvitae have a mature height of 8-12 feet. This will help screen
the drive -through aisles and associated parking lot for the bank and church from
neighboring residential development in accordance with the ordinance code. The
majority of residences adjacent to the church already have some type of fence and
the planning department is not recommending additional screening along this
zoning boundary due to the residential nature churches generally have and the
fact that the church has been at this location for several decades or more.
As part of the PUD zoning the property owners are also requesting approximately
3 acres of their 3.9 acre property be rezoned from R-3 (Single Family Residential)
to B-1 (Neighborhood Buffer District). If a portion of the property is rezoned to B-
1 the property will have two zoning districts on it, the new B-1 and the exiting R-3
along Parkway Drive.
The Kalispell Zoning Ordinance, Section 27.22.100, states that uses for lots with
two zoning districts defer to the least restricted zoning district. This least
restrictive zoning district is then considered to extend over the entire lot. Here the
B-1 zoning district would be the least restrictive and under this section would
extend west over to Parkway Drive. The intent of the proposed PUD is to maintain
the neighborhood integrity by restricting the use and scale of businesses built on
the property. Allowing the B-1 to extend over to Parkway Drive defeats the
purpose of the PUD, and the owner's intent on maintaining the R-3 zoning district
on the western portion of the property. Therefore, planning staff is recommending
a condition which would restrict the B-1 uses to just that portion of the property
zoned B-1 to avoid encroachment of business uses on the land shown as
remaining R-3 on Exhibit B of the application.
7. 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
The PUD application states that no phasing is planned for the project and a
proposed final project completion date of December 2011 is anticipated.
Even though the development is anticipated to be completed in two years
planning staff is recommending a time frame, to coincide with the development of
the property, be added as a condition of the PUD. The purpose for placing time
frames on the PUD is to insure that there continues to be a viable project on the
site and prohibits developers from sitting on land for several years to decades
before starting their approved project. The time frame also provides the adjacent
public assurance of what is anticipated on the site. The recommended time frame
would be two years from the date of approval for the PUD with a possible one year
extension to be granted by the city council.
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Part of the requirements of PUD is that the developer would enter 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 landscaping are accomplished as proposed. A
recommended condition of approval for the PUD would require this agreement be
in place prior to issuing a building permit for the bank.
8. Conformity with all applicable provisions of this chapter.
No other specific deviations from the Kalispell Zoning Ordinance can be identified
based upon the information submitted with the application other than those
addressed in the beginning of this report.
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
the findings in Staff Report #KZC-09-1 and recommend to the Kalispell City Council that
the zoning for approximately 3 acres of the property be changed to B-1, Neighborhood
Buffer District.
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report KPUD-08-3 as findings of fact and recommend to the Kalispell City Council
that the PUD for Cornerstone Community Church be approved subject to the conditions
listed below:
General Conditions:
1. The Planned Unit Development for Cornerstone Community Church allows the
following deviations from the Kalispell Zoning Ordinance:
A. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum side yard
setback in the B-1 zoning district)
Allow a zero side yard setback.
B. Kalispell Zoning Ordinance, Section 27.13.020(7) (Permitted uses within
the B-1 zoning district)
Allow four drive -through lanes with an associated bank of up to 9,000 square
feet with a maximum footprint of 6,000 square feet.
C. Kalispell Zoning Ordinance, Section 27.13.040(3) (Rear yard setback of 20
feet)
Allow a reduced rear yard setback from 20 feet to 10 feet.
2. That the development of the site shall be in substantial compliance with the
following plans, materials and other specifications as well as any additional
conditions associated with the PUD as approved by the city council:
• Exhibit B - Zoning Diagram
15
• Exhibit D - Site Plan
• Exhibit E - Cross Sections
• Exhibit G - Signage and Lighting Plan
Note: Freestanding signs for the bank are prohibited.
Bank signage shall be limited to wall signs on the north, south and
west facing walls of the bank building.
• Elevations for the bank
3. Prior to issuance of a building permit for the bank the developer shall submit a
detailed landscape plan for the entire PUD site, with input from the Kalispell
Architectural Review Committee, to the Parks and Recreation Department for
review and approval. The plan shall include the following elements:
• Trees planted along Highway 93 shall be 30 feet on center and extend
along the buffer areas along the parking lot serving the church and the
bank building. Tree placements would still need to meet site distance
requirements.
• The land between the right-in/right-out driveways along Highway 93 shall
include grass sod.
Note: The Montana Department of Transportation must approve any
landscaping within its right-of-way.
• The garbage enclosure along the western PUD site boundary shall include a
fence or wall on three sides and evergreen trees shall be planted to screen
the west facing fence or wall.
• Evergreen trees along the western zoning boundary of B-1 shall be a
minimum of three feet in height at the time of planting.
The approved landscaping plan shall be installed prior to issuance of a certificate
of occupancy for the bank building.
4. All maintenance of landscaping along Highway 93 and Northridge Drive shall
include landscaping on the property and within the adjacent right-of-ways to the
back of curb or edge of pavement.
5. Prior to issuance of a building permit the developer shall submit an overall
stormwater report which meets current city standards for the entire PUD
development. The report shall be reviewed and approved by the Public Works
Department. The approved report shall be installed prior to issuance of a
certificate of occupancy for the bank.
6. Prior to any excavation or earthwork, a City Stormwater Management Permit shall
be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. In addition to the City Stormwater Management Permit the
developer shall submit a copy of the State General Construction Stormwater
Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan
(SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit.
16
7. Prior to issuance of a building permit the applicant shall provide the planning
department with a properly drawn legal instrument to be recorded with the
County Clerk and Recorder, executed by the parties concerned for joint use of off-
street parking facilities and approved as to form and manner of execution by the
City Attorney.
8. Permitted and conditional uses within the B-1 zoning district shall be restricted to
that portion of the property zoned B-1 to avoid encroachment of business uses on
the land shown as remaining R-3 on Exhibit B of the application.
9. 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. The development agreement shall be
submitted with the building permit for the bank.
10. Approval of the planned unit development (PUD) shall be valid for a period of two
years from the date of approval with the possibility of a one-year extension to be
granted by the city council. Within this time, the developers shall obtain the
necessary permits and approvals to complete the improvements as shown on the
approved PUD site plan.
17
PLANNING FOR THE FUTURE
February 24, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin2
Re: Cornerstone Community Church zone change and planned unit development (PUD)
zoning overlay request
Dear Myrt:
The Kalispell City Planning Board met on February 10, 2009 and held a public hearing to
consider a request by the Cornerstone Community Church to rezone a portion of their 3.9
acre property located at the northwest corner of the intersection of Northridge Drive and
Highway 93. The zone change includes changing the zoning on approximately 3 acres
from R-3 (Urban Single Family Residential) to B-1 (Neighborhood Buffer District) to
accommodate the location of a new bank. The remaining 0.9 acre of land owned by the
church along Parkway Drive will remain R-3. The church is also requesting a planned
unit development (PUD) overlay zoning district on the proposed B-1 portion of the
property.
The PUD request would permit a zero side yard building setback to accommodate a drive -
through facility for the bank. The PUD also requests a bank and drive -through facility of
up to 6,000 square feet and four drive -through lanes. The B-1 zone permits drive -through
facilities with no more than two lanes and an associated bank of no more than 2,000
square feet in size. The final request in the PUD application is to reduce the rear yard
setback for the B-1 from 20 feet down to 10 feet.
The property is approximately 3.9 acres in size and can be legally described as lot IA,
Kalispell Addition No. 15A located within Section 1, Township 28 North, Range 22 West
P.M.M, Flathead County, Montana.
Sean Conrad of the Kalispell Planning Department presented staff reports #KZC-09-01
and KPUD-08-03 evaluating the proposed project. Staff recommended the planning board
recommend approving the zone change and planned unit development overlay zoning
subject to the conditions listed in the staff report.
During the public hearing portion of the meeting the pastor of the Cornerstone
Community Church and their engineer, Doug Kauffman, of Thomas, Dean and Hoskins
spoke in favor of the project. David Mitchell, of CTA Architects Engineers, representing
Valley Bank also spoke in favor of the project. One neighboring property owner, Joel
Hausen, spoke about his concerns with left turns at the intersection of Highway 93 and
Northridge Drive.
During the public hearing portion of the project some planning board members had
concerns with the number of future parking spaces shown along the east side of the
project site. With a narrow greenbelt in front of the parking area along the highway some
planning board members were concerned about the visual affect a line of parked cars would
have. Adjacent development across the highway was cited as it has a larger berm and
landscaped area to buffer the parked cars from the highway. After hearing further
testimony from the applicant the public hearing was closed.
Further board discussion regarding the issue of parking along the eastern side of the project
site took place. Additional landscaping was difficult to achieve on this site due to the
existing church on the property and the need to provide adequate on -site parking. The
planning board recommended adding condition # 11 that would prohibit bank parking in
the easterly parking area, along Highway 93. In addition signage is required that reads
"Church Parking Only". The planning board members believe this would limit the excess
parking along the highway during most of the week with the parking spaces used only
during church functions and services. The recommended condition passed on a vote of 4-
2.
The planning board then approved the main motion recommending approval of both the
zone change and planned unit development subject to staffs conditions as amended. This
motion passed on a vote of 5-1.
Please schedule this matter for the March 2, 2009 regular city council meeting. You may
contact this board or Sean Conrad at the Kalispell Planning Department if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt
President
Attachments: Staff report #KZC-09-01 and KPUD-08-03 with application materials
Draft minutes of the 2/ 10/09 planning board meeting
Exhibit A - the planning board's recommended conditions of approval
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Cornerstone Community Church
1970 Highway 93 North
Kalispell, MT 59901
Thomas, Dean & Hoskins, Inc.
35 Three Mile Drive, Suite 101
Kalispell, MT 59901
EXHIBIT A
CONDITIONS OF APPROVAL FOR THE CORNERSTONE COMMUNITY CHURCH PUD
RECOMMENDED BY THE KALISPELL PLANNING BOARD
FEBRUARY 10, 2009
CONDITIONS OF APPROVAL
General Conditions:
The Planned Unit Development for Cornerstone Community Church allows the
following deviations from the Kalispell Zoning Ordinance:
A. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum side yard
setback in the B-1 zoning district)
Allow a zero side yard setback.
B. Kalispell Zoning Ordinance, Section 27.13.020(71 (Permitted uses within the
B-1 zoning district)
Allow four drive -through lanes with an associated bank of up to 9,000 square
feet with a maximum footprint of 6,000 square feet.
C. Kalispell Zoning Ordinance, Section 27.13.040(3) (Rear yard setback of 20
feet)
Allow a reduced rear yard setback from 20 feet to 10 feet.
2. That the development of the site shall be in substantial compliance with the
following plans, materials and other specifications as well as any additional
conditions associated with the PUD as approved by the city council:
• Exhibit B - Zoning Diagram
• Exhibit D - Site Plan
• Exhibit E - Cross Sections
• Exhibit G - Signage and Lighting Plan
Note: Freestanding signs for the bank are prohibited.
Bank signage shall be limited to wall signs on the north, south and
west facing walls of the bank building.
• Elevations for the bank
3. Prior to issuance of a building permit for the bank the developer shall submit a
detailed landscape plan for the entire PUD site, with input from the Kalispell
Architectural Review Committee, to the Parks and Recreation Department for review
and approval. The plan shall include the following elements:
• Trees planted along Highway 93 shall be 30 feet on center and extend along
the buffer areas along the parking lot serving the church and the bank
building. Tree placements would still need to meet site distance
requirements.
• The land between the right-in/right-out driveways along Highway 93 shall
include grass sod.
Note: The Montana Department of Transportation must approve any
landscaping within its right-of-way.
• The garbage enclosure along the western PUD site boundary shall include a
fence or wall on three sides and evergreen trees shall be planted to screen
the west facing fence or wall.
• Evergreen trees along the western zoning boundary of B-1 shall be a
minimum of three feet in height at the time of planting.
The approved landscaping plan shall be installed prior to issuance of a certificate of
occupancy for the bank building.
4. All maintenance of landscaping along Highway 93 and Northridge Drive shall
include landscaping on the property and within the adjacent right-of-ways to the
back of curb or edge of pavement.
5. Prior to issuance of a building permit the developer shall submit an overall
stormwater report which meets current city standards for the entire PUD
development. iThe report shall be reviewed and approved by the Public Works
Department. The approved report shall be installed prior to issuance of a certificate
of occupancy for the bank.
6. Prior to any excavation or earthwork, a City Stormwater Management Permit shall
be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application, site
map, narrative describing the best management practices to be used and a
completed checklist. In addition to the City Stormwater Management Permit the
developer shall submit a copy of the State General Construction Stormwater
Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan
(SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit.
7. Prior to issuance of a building permit the applicant shall provide the planning
department with a properly drawn legal instrument to be recorded with the County
Clerk and Recorder, executed by the parties concerned for joint use of off-street
parking facilities and approved as to form and manner of execution by the City
Attorney.
8. Permitted and conditional uses within the B-1 zoning district shall be restricted to
that portion of the property zoned B-1 to avoid encroachment of business uses on
the land shown as remaining R-3 on Exhibit B of the application.
9. 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. The development agreement shall be submitted with the
building permit for the bank.
10. Approval of the planned unit development (PUD) shall be valid for a period of two
years from the date of approval with the possibility of a one-year extension to be
granted by the city council. Within this time, the developers shall obtain the
necessary permits and approvals to complete the improvements as shown on the
approved PUD site plan.
11. The 25 parking spaces, along Highway 93, between the highway and church shall
be signed "Church Parking Only" to prohibited bank parking on these spaces. The
"Church Parking Only" signs shall be installed prior to the issuance of a certificate
of occupancy for the bank. The number of signs, their size and location shall be
reviewed and approved by the planning department prior to installation.
rage iori
Michelle Anderson
From: Joneva McCann Doneva@centurytel.net]
Sent: Saturday, January 24, 2009 8:38 AM
To: Planning Department
Subject: Cornerstone Church Zone Change
Gentlemen:
We would be supportive of the proposed change to B-1 if it were to encompass the entire block. As the
proposal now stands, the homes in the 500 block of Parkway Drive, East Side, will be the ONLY personal
residences along a very long stretch of Highway 93. Prior development, including Hutton Ranch Plaza, north of
this block has already made them undesirable as homes due to a very heavy (and loud) traffic load on Highway
93. My husband and I believe that either the entire block should be rezoned to B-1 or that none of it be rezoned.
Commercial zoning of just a portion makes it very little sense and will make the remainder even less compatible
with existing commercial development on the East side of Highway 93.
Very truly yours,
Joneva McCann
573 Parkway Drive
2/3/2009
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell. com / planning
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME Cornerstone Community Church Subdivision
1. NAME OF APPLICANT: Cornerstone Community Church
2. MAIL ADDRESS: 1970 US Hwy 93 N.
3. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406-752-4088
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4. NAME:
5. MAIL ADDRESS:
6. CITY/STATE/ZIP: PHONE:
7. TECHNICAL ASSISTANCE:
8. MAIL ADDRESS:
9. CITY/STATE/ZIP: PHONE:
If there are others who should be notified during the review process, please list those.
Thomas, Dean & Hoskins, Inc., 35 Three Mile Dr., Ste.101, Kalispell, MT 59901
Check One:
x Initial PUD proposal
Amendment to an existing PUD
A.
B.
C.
Property Address: 1970 US Hwy 93 N.
Total Area of Property: 3.011 Acres
Legal description including section, township & range
Addition No. 15A, SEC 1, T28N, R22W, P.M.M.
Lot 1A, Kalispell
D. The present zoning of the above property is: R-3
E. Please provide the following information in a narrative format with supporting
drawings or other format as needed:
1
a. An overall description of the goals and objectives for the development of
the project.
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
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;
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;
e. 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.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
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.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
j. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(1). Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings
and uses proposed for buildings;
(5). Layout and dimensions of streets, parking areas, pedestrian
walkways and surfacing;
(6). Vehicle, emergency and pedestrian access, traffic
circulation and control;
(7). Location, size, height, color and materials of signs;
(8). Location and height of fencing and/or screening;
2
(9). Location and type of landscaping;
(10). Location and type of open space and common areas;
(11). Proposed maintenance of common areas and open space;
(12). Property boundary locations and setback lines
(13). Special design standards, materials and / or colors;
(14). Proposed schedule of completions and phasing of the
development, if applicable;
(15). Covenants, conditions and restrictions;
(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)
3
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Master
Plan or Growth Policy compatibility with the application, compatibility of
proposed zone change with surrounding zoning classifications, and the
application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Kalispell Planning
Department.
PUD/CONCEPT PUD Zoning Review Fee
Residential (no subdivision) $1,000 + $125/unit
Commercial (no subdivision) $1,200 + $100/acre
Residential (with subdivision) $1,000 + $100/acre
Commercial (with subdivision) $1,000 + $100/acre
D. A bona fide legal description of the subject property and a map showing the
location and boundaries of the property.
E. A list of the names and mailing addresses of all property owners within 150 feet
of the subject property as shown on the Assessor's roll. Public streets and right
of ways are not included in the 150 feet. See example below and attached notice
from County Plat Room.
Assessor No Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address
Please consult the with staff of the Kalispell Planning Office for submittal dates and
dates for the planning board meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled. The
application must be accepted as complete forty-five (45) days prior to the scheduled
planning board meeting.
H
oTt7E 9T Flathead County GIS
�. 800 South Main Street
Kalispell, MT 59901
Phone (406) 758-5540
r CLZ' I-r..%J 1 , -5840
May 13, 2008
To: Whom it may concern
From: Mindy Cochran, GIS Program Manager
Subject: Adjacent Property Ownership List
To obtain a certified list of property ownership, please have the appropriate agency fill out the
attached form and submit it to the Flathead County GIS Department at 800 South Main Street,
located on the third floor of the old Courthouse.
The search fee is $75.00 and is due at the time of request to the GIS Department. Please make
checks payable to Flathead County. Your certified list will be ready one week from the date
ordered. Rush orders will be accepted at the rate of $150.00 per list.
For orders requested by the Flathead County Planning and Zoning Department, the completed
list will be sent directly to the Planning Office. Otherwise, customers may pick up the certified
list in the GIS Department.
Please note that the Planning Offices also accept ownership lists searched and certified by a local
title company.
5
ADJACENT OWNERSHIP LIST REQUEST FORM
TO BE FILLED OUT BY THE PLANNING OFFICE, SURVEYOR OR ENGINEER
SUBJECT PROPERTY
OWNER
SUBJECT PROPERTY
ASSESSOR #
SUBJECT PROPERTY
LEGAL DESCRIPTION
SEC -TOWNSHIP -RANGE
BUFFER FOOTAGE
CONTACT PERSON
PHONE #
BILLING ADDRESS
TODAYS DATE
PICKUP DATE
SUBCODE
* PLANNER, SURVEYOR
OR ENGINEER
Fields marked with an * are required.
Incomplete forms will not be accepted.
Allow 1 week from receipt by GIS office.
Order forms can be submitted in the GIS office, or by fax or email.
Fax number: 406-758-5840
Email address: gis_ownership@flathead.mt.gov
Certified Ownership List - (Includes Paper Copy and Vicinity Map) $75.00
Certified Ownership List - Rush order - 24 to 48 hours $150.00
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