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4. Ordinance 1542 - Initial Zoning - Hutton Ranch Plaza - 1st ReadingORDINANCE NO. 1542 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 ASSESSORS TRACT 3 AND A PORTION OF ASSESSOR'S TRACT 4G LOCATED IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10, SUBURBAN AGRICULTURAL) TO CITY B-2 (GENERAL BUSINESS), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Hutton Ranch Plaza Associates, LLC, 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-2, General Business with a Planned Unit Development overlay on approximately 46 acres of land, and WHEREAS, the property is located on the east side of US Highway 93 between Flathead Valley Community College and Mountain View Plaza, and WHEREAS, the petition of Hutton Ranch Plaza Associates was the subject of a report compiled by the Tri-City Planning Office, Staff Report KA-05-10 / KPUD-05-5, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned B-2, General Business, with a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on June 14, 2005, and recommended that the initial zoning be City B-2, General Business with a Planned Unit Development overlay, upon annexation to the City of Kalispell, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business 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 Count Commissioners Etc, 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-05-10 / KPUD-05-5. 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-2, General Business with a Planned Unit Development overlay on approximately 46 acres. SECTION H. The Planned Unit Development proposed by Hutton Ranch Plaza Associates upon the real property described above is hereby approved, subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the planned unit development as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. The proposed development area within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. That the internal access road at the southwest portion of the site providing access to the property to the south be constructed as a frontage road and that the parking along the frontage road be eliminated. The road design shall be coordinated through the Kalispell Public Works Department. (Site Development Review Committed b. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire Mows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter S. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a weed free, dust -free area until such time as that phase is fully developed prior to construction. 8. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from the Montana Department of Transportation and the City of Kalispell. 9. That pedestrian walkways be provided as indicated on the site elan that provide a continuous and connected system with the existing walkways along Highway 93 including a sidewalk on both sides of the main entrance road separated by a minimum five foot landscape buffer. 10, That landsc!qping be completed in substantial com fiance with the plan that was submitted and would be subject to review and a royal by the Parks and Recreation Department. This would include landscaping along _ the highway, internal public street, internal access road, parking lots and common areas. 11. That the use of retaining walls in excess of four feet tall be avoided, but rather the implementation of landscaped terracing be used to make the transition in areas with the steepest grades. 12. The list of materials and exterior building treatments that was part of the application for the final development of the buildings be included in the development agreement with the City. 13. That alighting plan be submitted which utilizes attractive lighting fixtures and a type and level of lighting not exceeding what is appropriate for its purpose. The light poles shall be limited to a maximum of 30 feet with a full cut-off lens that does not shed light above a-7-8 20 degrees below the horizontal plane. No more than .5 candles of light are permitted at the edge of the site. 14. That the uses allowed within the development shall not include those which require areas for the display of large merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales and lumberyards. This would not preclude incidental events associated with the other businesses on the site. 15. That the theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet in height from the highest point of the gable or parapet wall. 16. That the refuse areas be adequately screened from public view. 17. That a good faith effort be made b the develo er to provide access to the pEo e to the north to provide connectivity between the sites. 18. That the covenants be recorded and made a part of the development agreement with the city to insure maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development for parking, access and utilities. 19. That the phasing and timing of the development shall occur as proposed. Bonding for the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed as proposed shall be provided by the developer. 20. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. SECTION III. 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 IV. 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 18TH DAY OF NLY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk