7. Ordinance 1538 - Zone Change & PUD - Courthouse East - 2nd ReadingTri-City Planning Office
17 Second Street East --- Suite 211.
Kalispell, Montana 59901
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REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Second Reading - Courthouse East Zone Change Request from R-3 to
R-5 and Planned Unit Development - Fifth Avenue East
MEETING DATE: June 20, 2005
BACKGROUND: This is the second reading of an ordinance on a zone change from R-3,
Urban Single Family Residential, to R-5, Residential / Professional Office, with a Planned
Unit Development (PUD) to allow the rehabilitation and reuse of the existing Courthouse
East building and site. The Courthouse East property is located on the east side of Fifth
Avenue East between 7th and 8Lh Streets East The address is 723 Fifth Avenue East and is
situated on one city block that includes the building and parking area. This one city block
contains approximately 2.01 acres and complies with the standards for a planned unit
development.
The first reading of the ordinance was passed at the regular meeting of the Kalispell City
Council on June 6, 2005.
RECOMMENDATION: A motion to approve the second reading of the ordinance for the
zone change and PUD would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson James H. Patrick
Senior Planner City Manager
Report compiled. June 14, 2005
c: Theresa White, Kalispell City Clerk
TRANSMIT/ KALISPELL/2005KZC05-3 KPUDMEM05.DOC
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls •
ORDINANCE NO. 1538
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 LOTS 1-12, BLOCK 203
KALISPELL ADDITION, LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21.
WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3,
SINGLE FAMILY RESIDENTIAL) TO CITY R-5 (RESIDENTIAL/PROFESSIONAL
OFFICE), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, DEV Properties, 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 R-5, Residential./Professional Office with a Planned Unit Development
overlay on approximately 2 acres of land, and
WHEREAS, the property is located at 723 Fifth Avenue East and is known as Courthouse East,
and
WHEREAS, the petition of DEV Properties was the subject of a report compiled by the Tri-City
Planning Office, Staff Report #KZC-05-3 / KPUD-05-3, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned R-5, Residential/Professional Office, with a Planned Unit
Development overlay, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 19,
2005, and due to a vote of three in favor and three opposed, was unable to
recommend that the zoning classification be changed to City R-5, Residential/
Professional Office with a Planned Unit Development overlay, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-5, Residential/Professional Office 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 TCPO as set forth in Staff Report No. KZC-05-3 / KPUD-05-
3, as amended by the Kalispell City Planning Board.
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 R-5, Residential/Professional Office with a
Planned Unit Development overlay on approximately 2 acres.
SECTION II. The Planned Unit Development proposed by DEV Properties 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 and conditions for the PUD as approved by the city council.
2. The proposed development areas 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.
3. That the plans and specifications for water, sewer, drainage and grading shall be designed and
installed in accordance with the Kalispell Design and Construction Standards and shall be
subject to review and approval by the Kalispell Public Works Department.
4. The fire access and suppression system shall be reviewed and approved by the Kalispell Fire
Department for compliance with the International Fire Code.
5. 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.
6. A redesign of the parking lot be provided that includes a five foot perimeter landscape buffer,
is dimensionally accurate and incorporates some landscaping within the parking lot design.
7. The number of dwellings shall be reduced by two to a maximum of 28 dwelling units in order
to comply with the limits of the R-5 zoning being requested.
S. The boulevard areas shall be landscaped in accordance with a plan that has been reviewed and
approved by the Kalispell Parks and Recreation Department.
9. The overall landscape plan shall be coordinated with the Kalispell Parks and Recreation
Director regarding the exact size and location of the plantings and species lists.
1.0. That sidewalks be provided as indicated on the site plan that provide a continuous and
connected system along the streets and avenues abutting this site.
11. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and level
of lighting not exceeding what is appropriate for its purpose.
12. That a comprehensive sign plan be submitted which indicates an integrated design of lettering
and materials. All signs shall comply with the Kalispell Zoning Ordinance,
13. The use of the artist studios are recognized as live / work units and it is anticipated that some
limited retail sales would be allowed on the premises. However, no sales of items which are
not produced on -site would be allowed from the artists studios or other items that would be of
a general retail nature.
14. That the refuse areas be adequately screened from public view.
15. The phasing and timing of the development shall occur as proposed with Phase 1. of the project
including the completion of the exterior of the building, landscaping, sidewalks and boulevard
treatment. Bonding or insurance for the full cost of the proposed infrastructure and
improvements to ensure the improvements will be completed as proposed, shall be provided
by the developer.
lb. The project shall be substantially completed by July 1., 2008, or the developers must show that
a continuous good faith effort has been made to bring the project to completion by that date, or
the zoning shall revert back to the previous R-3, Urban Single Family Residential.
17. The developer and City of Kalispell shall execute a development agreement based on term,
and conditions included in the planned unit development.
SECTION 111. 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 20TH DAY OF JUNE, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk