Ordinance 1723 - PUD Overlay - Gardner Investments & Volkswagon Real EstateI' - to:
Kalispell
f'' ! Box 1997
Kalispell, MT ••0
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AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCENO. 1677), BY ATTACHING A PLANNED
UNIT DEVELOPMENT OVERLAY ON CERTAINr PROPERTY R r ZONED
i(INDUSTRIAL/COMMERCIAL),MORE PARTICULARLY ' DESCRIBED PARCEL
CERTIFICATEAS SHOWN ON SURVEY i TRACT
SURVEY6628 LOCATED IN SECTION 28, TOWNSHIP NORTH, RANGE
FLATHEAD COUNTY,r KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE,
Volkswagen ♦* I. LLC i Gardner Investments
i petitioned
i a City
k 7 of
Kalispell ! ! Planned
i• Development
o. overlay
! be
attached
!r r current
classification on the above described tract of land., and
WHEREAS, the property is located at the southeast comer of the intersection of Highway 93 South
and Willow Glen Drive, and
PlanningWHEREAS, the petition of Volkswagen Real Estate LLC and Gardner Investments LLC was the
subject of a report compiled by the Kalispell
Department, Staff Report #KPUD-
13-01, in which the Kalispell Planning Department evaluated the petition ankL
recommended a ! Planned Development
-i r overlay
. :* be
attached i property
.. yis as
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, ant
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 Countv Commiss
Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KPUD-
13-01.
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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:
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
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 or3/4movement 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 th
type of streets proposed (i.e. local street or collector street). I
A conceptual design for lots within the area that identifies the location of buildings to th
adjacent street and their associated parking lots.
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�0. 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 condit ions 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.
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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.
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
0
approximately 55 acres of this PUD and determine the improvements required to Lower Valley
Road based on the anticipated development and traffic.volumes.
It. 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 Desig n 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
- Prior to work on Lower Valley Road the property owner or developer shall
construction. Note.
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.
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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.
r
Tammi Fisher
ATTEST:
Mayor
Theresa White
� �1 •' 11 'V�'�9
City Clerk
OIPR.ATE ,+
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Imagery: MAIP ZOfi
Map Hate: March 5, 2013