1. Ordinance 1723 - PUD Overlay - Gardner Investments LLC - 2nd ReadingPLANNING FOR THE
REPORT TO: Doug Russell, City Manager
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
FROM: Tom Jentz, Director, Kalispell Planning Department
SUBJECT Ordinance 1723 - Second Reading: Planned Unit Development
Overlay — Gardner Investments
MEETING DATE: May 6, 2013
BACKGROUND: This is the second reading on a request for a planned unit development
(PUD) overlay zoning district which would permit the construction of a Volkswagen dealership on
one lot with the intention of attracting similar or complimentary businesses to the auto dealership
on the second lot. The two lots included in the PUD request are located at the southeast corner of
the intersection of Highway 93 South and Willow Glen Drive. The two lots 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/ of the NW 1/ of Section 28, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
The Kalispell City Council approved the first reading of the ordinance at their regular meeting of
April 15, 2013
RECOMMENDATION: Approve the second reading of the ordinance for the PUD overlay
zoning district.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
7� G, --
Tom Jentz
Director
Report compiled: April 16, 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/ 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.
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 6TH DAY OF MAY, 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
Figure 2
0
k e � S4"(' . ..
A 1,
SL
t UA iA
7B 7A
5C
77—
I F
............. . . . . . . . . . . . . . i.
B-5 6r
7-7
.-a' q I -
Approximately 53.4 acres
M
F-t
KALviG & LEDuc, P.C.
ATrORNEYs AT ILAw
1830 3rd Avenue East, Suite 301
Kalispell, MT 59901
MARSHALL MURRAY
(Retired)
Charlie Harball.
Doug Russell
City of Kalispell
201 I't Avenue East
Kalispell, MT 59901
Our Client: Montana Venture Partners,, LLC
Re: - Latecomer Agreement
P.O. Box 1678
KALisPELL, MT 59903
PHONE: 406-257-6001
FAX: 400-257-6082
ALL ATroRNFys LicENSED IN UT
ALSO LICENSED IN NORTH DAKOTA
pt X fit
In light of comments made by Mayor Fisher and other council members at the April 15,
2013 City Council meeting,, Montana Venture Partners, LLC ("WP") has asked me to inf-orm
you that its position remains that the property included in the Gardner/VW 2-Lot PUD is covered
by the latecomer agreement between MVP and the City of Kalispell, Therefore, when those lots
connect to the city's infi-astructure, MVP expects to receive latecomer fees from the City. This
position holds true for the remam'der of the Gardner property annexed in 2008 and which was
zoned with a PUD Placeholder. H said latecomer fees are not received by MVP, the City will be
in breach of its agreement with MVP..
My client is deeply concerned that the Gardners and other property owners will continue to
refuse to pay latecomer fees based on their own infrastructure development, just as has been
argued with the GardnerNW 2-lot PUD. This is a situation neither MVP nor the City ever
ima&ed happening. The City's record is very clear that the properties south of Lower Valley
Road and Cemetery Road along Highway 93 would unquestionably be responsible for paying
latecomer fibes. MVP is very concerned and disappointed with the City's (1) unwillingness to tell
the owners of property, clearly intended to be required to pay latecomer fees, that it must do so
(namely Gardners and VW Properties), and (2) willingness to work with these same property
owners on infrastructwe plans that may be settina the stage for future disputes over who does or
does not have to pay latecomer fees.
Charlie Harball and Doug Russell
May 2,20B
Page 2 of 2
MVP wants clear confirmation from the City that (1) it will honor its latecomer agreeme
with MVP,, and - (2) that when other properties south of- Cemetery Road and Lower Valley Ro
receive City sewer and water that latecomer fees will be paid. To date, MVP has received n
clarity from the City. In February, Charlie Harball told MVP that the lot where the VW dealershi
was proposed may not have to pay latecomer fees, but that the rest of the Gardner propert
unquestionably would have to. Now, Mayor Fisher has opined that the both lots in the 2-Lot P
shouldn't have to pay latecomer fees. Where does this end? My client does not want to have t
face a dispute every time a new property is going to be getting water and sewer service from th
City*
My client has spent real and substantial amounts of money to oversize 'infrastructure at t
City's demand and it is counting on and needs reimbursement of that cost through the latecom
h,is
e
fees. If they do not come from the clearly understood sources then MVP will need to demand t
P h
the City reimburse it in full for the millions of dollars spent, Obviously, both parties would like t
avoid having to go down that road.
My
i+ client and I would like to meet with both of you and Mayor Fisher at your earlimclval.,
opportunity to begin addressing my client's concerns. Please let us know when we can meet.
Sincerely,
t
A
Ken A. Kalvig
Icen@lwlviglaw.com
CC7, Mayor Tammi Fisher