2. Amended Spring Prairie PUD AgreementTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@eentu rytel.net
REPORT TO:
Kalispell Mayor and City Council
FROM:
Thomas R. Jentz, Director
Chris A. Kukulski, City Manager
SUBJECT
Proposed Amendments to Spring Prairie PUD
MEETING DATE:
February 2, 2004 council meeting
BACKGROUND:
Goldberg Properties, Inc. received approval by the Kalispell City Council for 5 major
amendments to the Spring Prairie PUD Agreement on December 1, 2003. These
amendments included such issues as the number of access points onto Highway 93,
the magnum number of free standing signs and allowing gaming as an incidental
use. At the same time, Goldberg Properties had requested 13 minor amendments to
the PUD Agreement. Minor amendments, as you remember, are reviewed and acted
upon by site review with an appeal process available to the developer. Those 13
minor amendments were presented to the city council at an information session in
early November and approved by site review in late November. The amendments
have not to date been officially incorporated into the Spring Prairie PUD Agreement.
The council has before you an amended Spring Prairie PUD Agreement which
incorporates the 5 major amendments and the 13 minor amendments. This is a
clerical action but it is necessary to keep the PUD agreement up to date. The
amended agreement is ready for signature.
RECOMMENDATION: A motion to approve signing of the amended Spring Prairie
Planned Unit Development Agreement would be in order.
Respectfully Submitted,
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Thomas R. Jentz+ Chris A. Kukulski
Director City Manager
Report compiled: January 27, 2004
c: Theresa White, Kalispell City Clerk
TR.f1NSMIT\ ALISPE .\2003\KPUD-03-1 SPRING PRAIRIE MINOR AMEND MM
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls * City of Whitefish •
Tri-City Manning Office
17 Second Street East Sure 211
Kalispell Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity(ii nturytel.net
+-avow. tr icityplanning-tnt.com
MEMORANDUM
TO: KALISPELL CITY COUNCIL
FROM: KALISPELL SITE REVIEW COMMITTEE
DATE: NOVEMBER 20, 2003
RE: PROPOSED MINOR AMENDMENTS TO SPRING PRAIRIE PUD
The attached report contains an analysis and recommendation of the Kalispell. Site
Review Committee concerning a request by Goldberg Properties, Inc. for 13 minor
amendments to the December 1, 2001 Spring Prairie Planned Unit Development
Agreement.
BACKGROUND
Goldberg Properties, Inc. are requesting approximately 18 amendments to the Spring
Prairie PUD agreement to accommodate their proposed 29 lot commercial development
called Spring Prairie Center to be located on the northeast corner of Section 36.
Section 5.01 of the PUD agreement states that all proposed amendments to the PUD
agreement are to be submitted to the Kalispell Site Review Committee for review.
Those changes that are considered minor are to be addressed directly by site review.
Any changes of significance are to be forwarded directly to the City Council for action.
Under separate cover, 5 major amendments were submitted to the City council for
action. A work session has been scheduled for November 17, 2003 and a public
hearing is scheduled for December 1, 2003. The remaining 13 amendments are
considered minor by the Kalispell Site Review Committee. They are presented below
with the recommended action by the Site Review Committee for your information.
MINOR CHANGES
Following are 13 minor changes proposed to the PUD agreement. The reference
number is taken from the PUD. Following each requested change is a brief discussion
and narrative discussing the amendment. The Kalispell. Site Review Committee has
reviewed and approved the wording in each case. Those areas in bold would be new
language, those areas crossed out would be stricken language from the PUD. This
material is presented to you for information purposes.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish
Kalispell Site Review Committee
Re: Spring Prairie PUD Minor Amendments
November 20, 2003
AMENDMENT. REQUEST # 1
1.22 "Applicant" shall mean any party assigned by the DNRC that has been
provided development rights by DNRC for any portion of the Subject
Property. Applicants shall be granted all appropriate and necessary rights
to allow Applicant to obtain approvals for and construction of such
property designated by DNRC.
Discussion/recommendation: This is clarifying: language as DNRC is the
master developer yet the entire site will be developed by "other "developers. Site
Committee recommended approval.
AMENDMENT REQUEST #2
2.0l.E(2)c. Parking lots serving multiple businesses where the area for parking
spaces exceeds a lineal length or width of 270 feet shall include internal
landscape islands having minimum dimensions of 9 feet by 18 at a ratio
of providing one island for every -1-5 20 eo rs contiguous parking
spaces when such space are located internal to the parking: lot (not
abutting the perimeter boundary to the parking lot or store front)
Discussion /recom endation: Staff is concerned that this approach
relaxes the standards and does not serve to accomplish the desired
outcome of adequately landscaping and breaking up large expanses of
asphalt. As an alternative staff suggests that the islands grow
proportionally in width to accommodate the increased parking spaces
where the increment of 15 cars is exceeded. Staff recommends the
following:
2.0I.E(2)c. Parking lots serving multiple businesses where the area for
parking spaces exceeds a lineal length or width of 270 feet
shall include internal landscape islands having minimum
dimensions of 9 feet by 18 at a ratio of providing one island
for every 15 eetitinuous contiguous parking spaces when
such space are located internal to the parking lot (not
abutting the perimeter boundary to the parking lot or store
front). The number of contiguous cars per island may
increase up to a limit of 20 provided that the associated
landscape island proportionally increases in width (i.e. a
row of 20 cars is a 33% increase over the maximum 15
space standard, therefore the island width would
increase 33%).
Kalispell Site Review Committee
Re: Spring Prairie PUD Manor Amendments
November 20, 2003
AMENDMENT REQUEST #3
2.01E(2)e. Sidewalks or pathways shall connect developed properties ie -th from
roadside sidewalks (see le, above) to building entrances in a continuous
manner. Sidewalks and enhanced pavement will count against the
required landscaped area.
Discussion/recommendation: The city has long required sidewalks, not
as an amenity or a landscape feature but as a necessary public facility in
site planning. Staff does not support this request.
2.0 I E(2)e. Sidewalks or pathways shall connect developed properties
to the from roadside sidewalks (see le, above) to building
entrances in a continuous manner.
AMENDMENT Request #4
2.01E(2)h. Landscaped beds and parking lot landscaping islands shall be
mulched with either naturally decomposing material (bark) or small
gravel mulch (1 "-3" rounded river rock mulch is strongly
discouraged). In high traffic areas, an urban design approach to
islands (concrete with trees in grates or patterned/ colored concrete
type designs) is encouraged but not required.
Discussion/recommendation: Staff concurs with the above amendment.
AMENDMENT REQUEST #5
2.01E(3)c. Buildings sha11 may have an orientation towards the internal road
system.
Discussion/Recommendation: Staff understands the concern and is
willing to offer flexibility to this issue. It is important that the main
internal roads serving these site, such as the pads along US 93 do not
become unsightly "backs" where trash is collected, HiIAC features are
placed and employee parking occurs. Staff would support this
amendment with the caveat that 4-sided architecture shall be provided
such that these users do provide "front architecture along the internal
roads.
2.01E(3)c_ Buildings shal1 may have an orientation towards the
internal road system however, if the building "fronts" in
another direction, four sided architecture shall prevail
and the side facing the internal street shall contain
front architecture features and treatment .
Kalispell Site Review Committee
Re: Spring Prairie PUD Minor Amendments
November 20, 2003
AMENDMENT REQUEST #6
2.01E(3)f. The exterior appearance of commercial buildings with "backs" facing,
adjacent, and visible from Highway 93 shall contain architectural
elements found on the "front" portions of the buildings. Walls and
surface planes should be broken up in such a manner as to create a
visual interest, avoiding monotony. Notwithstanding anything
contained herein to the contrary, facades that do not have frontage
exposure to US Highway 93 should have appropriate elements that
create visual interest.
Discussion recommendation: Staff concurs with the above amendment.
AMENDMENT REQUEST #7
2.01F. Covenant: Draft covenants are attached as Exhibit F. Prior to
construction of any building improvements or concurrent with
subdivision review, final covenants shall be completed and recorded. The
City shall review the covenants for consistency with this PUD agreement
and shall revise the covenants as necessary to comply with the
conditions of approval of the PUD. Notwithstanding the foregoing, the
applicant may prepare their own separate Easements, Covenants,
Conditions and Restrictions, (ECC&R's) between the DNRC and the
Applicant.
Discussion recoxnzxaendation: Staff concurs with the above amendment.
AMENDMENT REQUEST #S
2.02H. DNRC or Applicant shall require all proposed uses developments and
buildings to be subject to architectural review in accordance with a
separate Agreement between the DNRC and the Applicant. All
structures shall conform to the relevant city of Kalispell Building
Department regulations. Architectural consistency between building
types with each POD is desired. (Since development of this property is
likely to expand over several decades and styles change, some flexibility
in design is desirable and expected.) The covenants establish
architectural review authority for all proposed uses.
Discussion/recommendation: Staff concurs with the idea but feels that
it is important to maintain a contact with this committee to ensure that
the PUD criteria are consistent and complied with. Staff offers some
additional language in that regard.
2.02H. DNRC or Applicant shall require all proposed use -
developments and buildings to be subject to architectural
review in accordance with a separate Agreement between
Kalispell Site Review Committee
Re; Spring Prairie PUD Minor Amendments
November 20, 2003
the DNRC and the Applicant. A staff representative form
the City of Kalispell shall serve on the committee in an
advisory capacity at its discretion. All structures shall
conform to the relevant city of Kalispell Building
Department regulations. Architectural consistency between
building types with each POD is desired. (Since
development of this property is likely to expand over several
decades and styles change, some flexibility in design is
desirable and expected.) The covenants establish
architectural review authority for all proposed uses.
AMENDMENT REQUEST #9
2.02H(S)b. Large, rectangular masses should be avoided by incorporating offsets in
the wall and roof. A change in the plane of the walls, changing the
direction or providing some variety in the roof form gives diversity and
visual interest. Facades greater than 120 feet in length must exhibit
p Wiz. ent ahi shall have variation and interest in the wall.
Discussion/Recommen.dation: Staff would concur with this approach
however, it is felt that some additional guidance as to the tool or
expectations is warranted. Adding concepts as major landscaping,
significant tree planting, use of color or building materials or
architectural treatments would be in order.
2.02H(S)b. Large, rectangular amasses should be avoided by
incorporating offsets in the wall and roof. A change in the
plane of the walls, changing the direction or providing some
variety in the roof form gives diversity and visual interest.
Facades greater than 120 feet in length raust exhibit
atat sh r+ shall have variation and interest in the
wall. Among other things, major landscaping,
significant tree planting, use of color or building
materials or architectural treatments would be in
order.
AMENDMENT REQUEST # 10
2.02H(5)d. All residential roofs must be pitched. Commercial roofs may be pitched
or flat. Brightly colored roof material is prohibited as are reflective
metals. All rooftop mechanical systems shall be shielded from view
from 5"-€ 11 above ground plane of US Highway 93 as seen at a 90
degree angle or incorporated into architectural features. Roof design
shall incorporate architectural relief if building foot print size is greater
than 20,000 square feet.
Discussion recommendation: Staff concurs with the alcove amendment.
Kalispell Site Review Committee
Re: Spring Prairie PUD Minor Amendments
November 20, 2003
AMENDMENT REQUEST # 11
2.02H(5)f. Franchise architecture is may be subject to modification to achieve the
sign, color, and building style objectives set forth by this agreement.
Colors and materials of franchise architecture shall be similar to or
compatible with the materials and colors of Spring Prairie Center as
identified in a separate Agreement between the DNRC and the
Applicant.
Discussion/recommendation: Staff concurs with the above; amendment.
AMENDMENT REQUEST # 12
2.02H(5)g. Architectural elements of the front of the building shall may be
incorporated into the back of buildings when the back of the building is
visually accessible from U.S. Highway 93
Discussion/recommendation: Staff feels that the original language is
not burdensome in that it does not require all the architectural elements
of a front to be constructed on the back of a building which backs onto
US 93. It requires some of the elements to be utilized. In terms of
community appearance, it does provide a community benefit and it
promotes the concept of 4-sided architecture which is an important
element of this project. The original language should be maintained.
2.02H(5)g. Architectural elements of the front of the building shall be
incorporated into the back of buildings when the back of the building is
visually accessible from U.S. Highway 93
AMENDMENT REQUEST # 13
3.02C. DNRC or its assigns or Applicant will obtain all required access permits
from the Montana Department of Transportation. and/or Flathead
County Road Department and City prior to development of any land uses
that require access to a particular public road.
Discussion recommendation: Staff concurs with the above amendment.
AMENDED SPRING PRAIRIE
PLANNED UNIT DEVELOPMENT AGREEMENT
PARTIES AND PURPOSE: This Agreement was originally made and entered into the 3rd
day of December, 2001 by and between the State of Montana Department of Natural Resources &
Conservation (hereinafter "DNRC"), with its office and principal place of business located at 2250
Highway 93 North; and the City of Kalispell, a municipal corporation (hereinafter "Civ'), with its
office and principal place of business located at 312 - I st Avenue East, Kalispell, Montana 59901,
Pursuant to the request of DNRC, and consensus of the City, by Ordinance 1486 dated the 15th day
of December, 2003 and by recommendation of City staff KPUD-03-01 ] dated the 13th day of
November, 2003 the Agreement is hereby amended as follows:
WITNESSETH:
WHEREAS, The State of Montana Department ofNatural Resources & Conservation is the
owner of certain real property located. in Flathead County, Montana, which is further described in
Exhibit "A" attached hereto and made a part hereof, and which hereinafter is referred to as the
"Subject Property", and,
WHEREAS, The Subject Property is subject to a request for annexation and initial zoning;
and,
WHEREAS, DNRC is desirous of applying a Planned Unit Development (PUD) overlay to
city zoning classifications; and,
WHEREAS, In order to allow the PUD, assure the installation of Infrastructure within the
"Subject Property", permit connections to the CITY utility systems, and prescribe the permitted uses
within the requested zoning areas, the parties hereto determine it is to be in their best interests to
enter into this Planned Unit Development Agreement; and,
WHEREAS, (i) Use and development of the property is subject to the provisions of the
Section 36 Neighborhood Plan, jointly adopted by the City of Kalispell and Board of County
Commissioners in 1999; (ii) the adopted plan is further subject to an environmental impact statement
performed under the Montana Environmental Policy Act; (iii) and further subject to the Record Of
Decision (ROD) which establishes additional parameters to development and (iv) a Memorandum Of
Understanding (MOU) establishes policy for taxation, local review of projects, and other
development considerations; and,
WHEREAS, DNRC is requesting annexation of the property into the City of Kalispell with.
City of Kalispell Zoning classifications of B-5 to be applied to the Mixed Commercial POD, R-5 to
the Mixed Professional POD, and R-4 to the Mixed Residential POD; and,
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WHEREAS, It is desirous by DNRC to further restrict the allowances of these City of
Kalispell Zoning classifications to the property and to provide additional standards for development
consistent with the Plan by applying a PUD overlay to the underlying zoning classifications.
I. DEFINITIONS
1.01 Agreement shall mean this Planned Unit Development Agreement between DNRC, and CITY.
1.02 Building Department shall mean the Building Department of the City of Kalispell.
1.03 CITY shall mean the City of Kalispell, Montana.
1.04 City Council shall mean the City Council of the City of Kalispell, Montana.
1.05 Developer shall mean DNRC, its agents, designees and assigns.
1.06 Director of Public Works shall mean the Director of Public Works of the City of Kalispell,
Montana.
1.07 Easement(s) means the Easement(s) described in §3.04 of this Agreement.
1.08 Section 36 Plan means the Neighborhood plan approved by the City of Kalispell and Board of
Flathead County Commissioners and as amended by the Record of Decision issued by DNRC on
August 11 , 2001, all pertaining to the School Trust Lands located in Section 36, T29N-R22W,
Flathead County Montana.
1.09 Mixed Commercial means that portion of the Subject Property generally lying in the NEI/4 of
Section 36 and as more particularly described in Exhibit B.
1.10 Mixed Professional means that portion of the Subject Property lying generally in the NW 1/4 of
Section 36 and as more particularly described in Exhibit C.
111 Mixed Residential means that portion of the Subject Property lying generally in the SWI/4 of
Section 36 and as more particularly described in Exhibit D.
1.12 Sports Fields means that portion of the property generally located in the SE %4 of Section 36
and already zoned P-I and previously annexed into the City of Kalispell.
1.13 Subject Property or Subject Area means the real property described in Exhibit A.
1.14 Memorandum of Understanding means a 3-party agreement entered into by DNRC, City of
Kalispell, and Board of Flathead County Commissioners dated April 19, 2001.
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1.15 Final Environmental Impact Statement means a document released as a Final Environmental
Impact Statement (FEIS) by DNRC on July 26, 2001 relative to proposed actions associated with
school trust lands located in Section 36, Township 29 N, Range 22 W, P.M.M., Flathead County
Montana.
1.16 Record of Decision means a decision document issued by DNRC on August 11, 2001, that
identifies selective alternatives related to a land use plan for Section 36 and a proposal to lease land
in section 36 to construct a business and technology park.
1.17 Substantial Completion shall mean that substantially all of the work to be performed in the
development shall have been performed and the Infrastructure constructed. in each Phase are usable
for their intended purposes, as certified by the Director of Public Works and the Building
Department, which certification shall not be unreasonably withheld or delayed.
1.18 Infrastructure means all water, sewer and storm drainage systems that will be dedicated to the
public and have been installed in accordance with the Montana Public Works Standard
Specifications and the City of Kalispell Standards for Design and Construction. In addition,
Infrastructure shall include roads that are designed and constructed in accordance with the Montana
Public Works Standards for Design and Construction.. Said Infrastructure shall consist of various
public utilities and dedicated streets. The Infrastructure required to serve developed facilities and to
provide connection to future phases of development will be identified concurrent with subdivision
review. Notwithstanding any of the foregoing, excluded from these terms are: building construction;
parking lot paving; final landscaping in and around the buildings and parking lot(s); lighting;
signage; and the service lines to each building.
1.19 Section 36 means land owned by the State of Montana as School Trust Lands (Section 36, T 29
N, R 22 W, P.M.M., Flathead County Montana) and administered by the DNRC and as more
precisely described by Exhibit A.
1.20 School Trust Lands mean lands granted to the state of Montana by the Enabling Act of
February 22,1889 (and subsequent acts) for support of the common schools.
1.21 DNRC means State of Montana/Department of Natural Resources and Conservation.
1.22 Applicant shall mean any parry assigned by the DNRC that has been provided development
rights by DNRC for any portion of the Subject Property. Applicants shall be granted all appropriate
and necessary rights to allow Applicant to obtain approvals for and construction of such property
designated by DNRC.
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11. GENERAL DEVELOPMENT AND USE OF THE SUBJECT PROPERTY
2.01 Development Overview
(A) Subject to the other provisions of this Agreement, any use/development of the Subject
Property occurring after the effective date of this Agreement shall substantially conform to and
comply with the provisions of the PUD Kalispell Zoning of Section 36 and this Agreement with the
documents and drawings annexed hereto.
(B) It is agreed between the parties, that the development of the Subject Property will include
the following:
(1) A land use map, which identifies three land use pods and a proposed
alignment of internal collector roads to be built in phases as
development occurs (Exhibit E);
(2) A list of permitted uses associated with each land use pod;
(3) A phasing schedule of development;
(4) Description of Infrastructure as described in the FEIS for use in
planning and bonding purposes;
(5) Annexation of the Subject property into the city limits of Kalispell;
(6) Extension of city water and sewer services by DNRC or its assigns to
serve the developed facilities of the Subject Property,
(7) Adherence to the Memorandum of Understanding jointly approved by
the City of Kalispell, Flathead County, and DNRC; and
(8) Compliance with the PUD zoning regulations and City of Kalispell
Subdivision regulations.
(C) Development themes for each Land Use POD being annexed into the City of Kalispell
are as follows:
(1) Mixed Commercial: a district providing a variety of commercial
industries are appropriate and where community design to minimize
the appearance of strip commercial development is desirable,
including restriction of allowable uses as might otherwise be
permitted or conditionally permitted in the B-5 City of Kalispell
zoning classification. Strip -type uses characterized by substantial
outdoor storage and display of products, such as car lots and
equipment and trailer sales are specifically excluded. Also
specifically excluded as permitted uses are gaming/gambling
establishments of any kind, including casinos. The range of permitted
uses is intended to permit a variety of uses associated with the retail,
professional services, or technology industries but does not
necessarily limit or restrict opportunities for continued agricultural
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operations or practices. However, technology uses are given priority
consideration.
(2) Mixed Professional: a district providing opportunities for
development of offices, office parrs, and compatible uses in a fashion
that promotes clustering of uses and architectural control, including
but not limited to all uses set forth in Kalispell Zoning Ordinance
Classification R-5 and as otherwise modified by this Agreement. The
phasing limitations anticipated by the Section 36 Neighborhood Plan
would be modified to encourage development of schools and a
resource agency office park in this POD.
(3) Mixed Residential. a district providing opportunities for development
of residential uses, offices, and other compatible uses in a fashion that
promotes clustering of uses and architectural control, including but
not limited to all uses set forth in Kalispell Zoning Ordinance
Classification R-4 and as otherwise modified by this Agreement. A
land exchange process will be encouraged to facilitate opportunities
for private ownership and development of this POD. The phasing
limitations anticipated by the Section 36 Neighborhood Plan would
be modified to encourage development of schools in this POD.
(D) The creation of individual lots (or lease lots) will be subject to subdivision review
concurrent with specific project proposals. Subdivision approval will verify compliance with the
provisions of the PUD Agreement and covenants and identify requirements for extension of utility
services. Bonding requirements to guarantee completion of the required infrastructure (roads, water,
sewer, etc) will be accomplished via the subdivision approval process. The Infrastructure
requirements as described in the FE1S may be referenced by the City in fixing any conditions for
subdivision approval. Infrastructure improvements shall accommodate the needs of future
development within each POD, such as planning for road, water, and sewer extensions beyond the
immediate project area.
(E) General performance standards applicable to the Subject Property are as follows-
(1) Transportation and Parking
a General access to the commercial district beginning, at West
Reserve Drive and ending % mile south along U.S. Highway 93 shall
be limited to .no more than 3 approaches. Additional approaches
south of the aforementioned area shall also be allowed as approved by
the access -permitting agency. New approaches onto Reserve Drive,
Stillwater Road, and Four Mile Drive shall generally be limited to a
minimum spacing distance of 1,300 feet or as otherwise authorized by
the access -permitting agency,
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b. All uses shall have direct access from the internal road
system. No direct access to a particular use shall be permitted from
the Highway or the other perimeter public roads as listed in la, above;
c. The collector road system shall be as generally shown by
Exhibit E and as more precisely aligned by subsequent engineering
analysis, use patterns, and subdivision review;
d. All roadway improvements shall be built in accordance
with city of Kalispell road design standards;
e. Roadway design shall include provisions for landscape
boulevards and sidewalks. A bike and pedestrian path system shall
generally follow the internal collector road system with outlet
connections to path systems external to the property, including
connection to the proposed Meridian/ Four Mile Drive bike path;
f. Lighting shall be shielded and directed downward; and,
g. Parking space requirements and general parking lot design
shall be guided by the parking and loading provisions of the City of
Kalispell Zoning Regulations, except as noted herein. Parking lots in
the Mixed Commercial and Mixed Professional PODS may extend to
within 5 feet of any lease lot boundary, provided a 5 foot wide
exterior landscape buffer adjoins the extended parking lot. In
locations where the parking lot adjoins a landscaped common area, no
setback from the lot/lease boundary is required.
(2) Landscaping
a. Landscaping, to include lawn, shrubs, trees, and/or rock
gardens, shall comprise all open spaces within the boundaries of the
parent lease .lot. Parking lots may extend to within 5 feet of any
lot/lease lot boundary.
b. Buildings in the Mixed Commercial and Mixed
Professional PODS shall be set back a minimum of 20 feet from the
side, front, side corner, and rear of the parent (not sublots) lot/lease
lines.
c. Parking lots serving multiple businesses where the area for
parking spaces exceeds a lineal length or width of 270 feet shall
include internal landscape islands having minimum dimensions of
—6—
feet by 18 providing one island for every 15 contiguous parking
spaces when such space are located internal to the parking lot (not
abutting the perimeter boundary to the parking lot or store front).
The number of contiguous cars per island may increase up to a limit
of 20 provided that the associated landscape island proportionally
increases in width (i.e. a row of 20 cars is a 33% increase over the
maximum 15 space standard, therefore the island width would
increase 33%).
d. A landscape boulevard having a minimum width of 4 feet
shall parallel both sides of the collector roads shown on the
neighborhood plan map. Street trees acceptable to the City of
Kalispell shall be planted at 40 to 50 foot intervals as appropriate.
e. Sidewalks or pathways shall connect developed properties
from roadside sidewalks (see le, above) to building entrances in a
continuous manner.
f. All landscaped areas shall be irrigated and routinely
maintained by Developer or its assigns; and
g. An irrigated landscape corridor of at least 20 feet in width.
shall parallel the right of way of U.S. Highway 93 adjacent to the
commercial POD. The corridor should include undulating topography
and have a mix of tree plantings with a ground cover of
predominately lawn. A similar landscape common corridor, 10 feet
in width shall parallel West Reserve Drive and be completed in
phases to correspond with development activity.
h. Landscaped beds and parking lot landscaping islands shall
be mulched with either naturally decomposing material (bark) or
small gravel mulch (1 "-3" rounded river rock mulch is strongly
discouraged). In high traffic areas, an urban design approach to
islands (concrete with trees in grates or patterned/ colored concrete
type designs) is encouraged but not required.
3. Building and [lease] Lot Parameters
a. Buildings should not exceed 35 feet above the final grade
in the Mixed Residential POD, 40 feet in the Mixed Professional
POD and 45 feet in the Mixed Commercial POD. Such height
limitation may be exceeded in the mixed. commercial POD by
issuance of a conditional use permit.
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b. Applied finishes of buildings shall be predominately earth
tone;
c. Buildings may have an orientation towards the internal
road system however, if the building "fronts" in another direction,
four sided architecture shall prevail and the side facing the internal
street shall contain front architecture features and treatment .
d. Ground and wall signs as limited below may be used to
identify a single use lease lot or multiple uses within common
lot/lease area. Ground signs shall have natural earth tones and not be
fabricated primarily of exterior plastic, Plexiglas or similar materials.
The ground sign may have internal lighting or sign mounted external
lighting. Shielded lighting may be provided from ground -mounted
fixtures directed towards the sign face. Ground signs may have a
concrete or similar mounting base but in no situation shall the total
height of the sign exceed the size and height standards for
freestanding signs as specified in Table 1 of Section 27.24.080 (1 d) of
the Kalispell Zoning ordinance. In addition, freestanding signs shall
be capped at 24 feet in total height and 120 square feet in total surface
area. There shall be no more than a total of 3 free standing ground
signs, one for phase one, one for phase 2 and one for phase 3. The
freestanding signs shall be constructed as presented in exhibit IA and
shall only advertise the name of the primary tenant of the phase and
the name of the development. Wall signs may have internal lighting
and shall not exceed a sign face area as provided in the City of
Kalispell Zoning Ordinance.
e. In situations involving a commercial or office town home,
condominium or sublot design, only the parent lot is eligible for a
common ground sign. Individual uses are eligible for a wall sign if
the use has outside frontage. A common wall sign may be appropriate
to identify a building having multiple tenants. A common signage
plan that involves other types of building signage, such as canopy
signage, may be permitted subject to the review and approval of the
City of Kalispell Site Development Review Committee. Residential
uses shall be permitted signage as otherwise permitted by the City of
Kalispell zoning regulations. All other provisions of the Kalispell
sign regulations shall apply subject to the restrictions set forth herein;
f. The exterior appearance of commercial buildings with
"backs" facing, adjacent, and visible from Highway 93 shall contain
architectural elements found on the "front" portions of the buildings.
Walls and surface planes should be broken up in such a manner as to
create a visual interest, avoiding monotony. Notwithstanding
anything contained herein to the contrary, facades that do not have
frontage exposure to US Highway 93 should have appropriate
elements that create visual interest;
g. Lease lots with single or multiple buildings shall have
sufficient area to accommodate the size of the proposed building(s)
and required on -site parking plus sufficient area for landscaping
exterior to the building and parking lot (see 2a & 2b, above);
h. A single lease lot may contain buildings with multiple
tenants and/or uses or be comprised of multiple attached or detached
buildings. In such situations, landscaping, parking, and internal access
shall be common to all buildings within the lease lot; and
i. Commercial buildings or combination of buildings on a
single lease lot exceeding 60,000 sq, ft. total gross floor area (where
no sub -lots have been established) shall be set back a minimum
distance from U. S. Highway 93 as follows: Phase 1---- 300 feet, Phase
2 - - 225 feet and Phase 3 — 150 feet.
4. Extension of Services
a. All required services shall be underground; and
b. Annexation and provision of city services shall be subject
to the approval of the City of Kalispell.
5. Growth Management
a. Development of property shall conform to the general
provisions of the neighborhood plan consistent with Section
27.22.120, KZO.
b. Phase I (Exhibit B) is the Mixed Commercial Pod.
i. Clustering of uses is preferred to encourage
sharing of roads, parking, utilities, and common
design. However, separation of uses, such as "large"
from "small" or "commercial" from "industrial" may
be appropriate within the Commercial POD.
—9—
ii. Development design is intended to avoid a
"strip" commercial appearance with specific exclusion
of certain uses.
iii. The area of the Mixed Commercial POD
will be extended to include the entire NE 1/4 of Section
36 and the extended area will be held as a reserve area
for expansion of technology uses beyond the original
POD area as described by Exhibit 13-1.
iv. That portion of the Mixed Commercial
POD lying southerly of the by-pass alignment will
offer leases primarily to business (offices) and
technology uses and compatible commercial uses,
such as small retail convenience uses (delis,
restaurants, copy shop, "wired" motel, etc). Retail
stores exceeding 10,000 square feet per store front
will not be permitted. No retail will be permitted until
at least 20,000 square feet of non -retail space is leased.
and operating within the POD.
v. Expansion of business and technology uses
into the expansion area will not be permitted until at
least 60% of the originally -sized Mixed Commercial
POD is leased for development.
vi. if business and technology uses fail to
achieve a 40,000 square foot floor area leasing
threshold within 5 years following execution of this
agreement, or if the proposed business and technology
park as proposed by Hampstead Partners fails to
proceed within 2 years following the execution of this
agreement, then the original Mixed Commercial and
Mixed Professional boundaries (Exhibit B) shall be
restored and the retail restrictions removed to permit
all the uses listed in Section 2.02 of this Agreement.
The City agrees that if the proposed business and
technology park, as proposed by Hampstead Partners
fails to proceed within I year following the execution
of this agreement, it shall provide marketing
assistance to the Developer to achieve the goals set
forth above.
—10—
vii. If business and technology uses fail to
achieve a 120,000 square feet floor area threshold
within 10 years following the execution of this
agreement, then the boundaries of the original Mixed
Commercial POD (Exhibit B) shall be restored and
the retail restrictions removed to permit all the uses
listed in Section 2.02 of this Agreement.
c. Phase II (Exhibit C) is the Mixed Professional POD.
i. Clustering of uses is preferred to encourage
sharing of roads, parking, utilities, common design,
and to prevent a scattered development pattern within
the POD.
ii. lnfill of developed uses, with some
exceptions, such as schools, agricultural facilities, and
equestrian facilities, shall be from east to west. The
"Section 36 Neighborhood Plan Map" also designates
an area along Stillwater Road that is excluded from
nonagricultural development until the year 2010.
Schools and a natural resource agency campus may
build at any time within the Mixed Professional POD,
including the deferred development area.
iii. Development of non-agricultural uses
shall be restricted to no more than 20% of this POD
until at least 50% of the Mixed Commercial POD
(Exhibit B) is leased for development. School, agency
campus, and equestrian facilities may be permitted at
any time and are not subject to the 20% calculation.
iv. That portion of the NE 1/4 of Section 36
lying within the Mixed Professional POD may be
added to the area of the Mixed Commercial POD as
described in (b) above. The amended legal
description of the Mixed Commercial POD is
described in Exhibit C-1. The infill pattern of the
Mixed Professional POD would need to reflect this
reserve area for the future expansion of the Mixed
Commercial POD.
d. Phase Ill is the Mixed Residential POD.
— 11 —
i. Clustering of uses is preferred to encourage
sharing of roads, parking, utilities, common design,
and to prevent a scattered development pattern within
the POD.
ii. Infill of developed uses, with some
exceptions, such as schools, agricultural facilities, and
equestrian facilities, shall be from south to north or
from east to west. The "Section 36 Neighborhood
Plan Map" also designates an area along Stillwater
Road that is excluded from non-agricultural
development until the year 2010. Schools may build
at any time within the Mixed Residential POD,
including the deferred development area.
in. Development of non-residential and non-
agricultural uses shall be restricted to no more than
20% of this POD until at least 50% of the Mixed
Professional POD is leased for development or 50%
of this POD is occupied by residential uses, whichever
comes first. This limitation does not apply to public
facilities.
6. Supplementary Regulations
a. Accessory uses shall be permitted as appropriate to a
particular use and as generally set forth in Section 27.22.020 et sect,
KZO. Subsections 2a and 2b of that section of the KZO shall
generally apply to residential uses within any portion of Section 36.
Subsections 2d and 2e, KZO, would apply as appropriate to non-
residential uses in any portion of Section 36.
b. The greenbelt provisions of Section 27.22.050 shall be
interpreted and applied concurrent with subdivision review.
c. If a single lot/lease lot contains buildings with multiple
tenants and/or uses or is comprised of multiple attached or detached
buildings, landscaping, parking, and internal access shall be common
to all buildings within the lot. This provision shall not apply to lots
approved for single family dwellings.
d. The creation of sublots (including for purposes of leasing)
may be appropriate in situations involving residential, commercial,
office, and industrial uses.
—12—
e. All other provisions of the Chapter 27.22 of the City of
Kalispell Zoning Regulations shall apply.
(F) Covenants: Draft covenants are attached as Exhibit F. Prior to construction of
any building improvements or concurrent with subdivision review, final covenants
shall be completed and recorded. The City shall review the covenants for consistency
with this PUD Agreement and shall revise the covenants as necessary to comply with
the conditions of approval of the PUD. Notwithstanding the foregoing, the applicant
may prepare their own separate Easements, Covenants, Conditions and Restrictions,
(ECC&R's) between the DNRC and the Applicant.
2.02 Uses
(A) The uses allowed in the PUD shall be those uses generally allowed under the following
zoning classifications and as otherwise limited herein:
1) Mixed Commercial POD Zoning Classification B-5
2) Mixed Professional POD -- Zoning Classification R-5
3) Mixed Residential POD ---- Zoning Classification R-4
(B) The Mixed Commercial POD is limited to the following permitted uses.
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Automobile service (fuel, wash, mechanical repair, tires, etc)
3) Barber & beauty services, massage parlor, etc
4) Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons, educational
research or incubator facilities, etc)
6) Financial services and institutions (banks, credit unions, mortgage
companies, savings & loans, etc)
7) Healthcare (medical offices/clinics, dental/orthodontic, in-
patient/outpatient facilities, pharmacies, diagnostic services and
treatment, etc)
8) Office, professional/governmental
9) Park, private or public (may include open space, trails, passive or
developed facilities, etc)
10) Public assembly buildings (assembly halls, coliseums, stadiums,
convention center, etc)
11) Public or quasi public buildings/structures (fire/law enforcement
stations, community /homeowner facilities, water tower, electrical
distribution/stations lines, telephone relay equipment, etc)
—13—
12) Radio/television broadcast stations, internet companies, etc
13) Recreational facilities, outdoor/indoor, private/public or quasi -public,
commercial/non-commercial (tennis courts, bowling alley, golf
course, ice skating arenas, ball fields, swimming pool, zoo,
amusement park, community center gym, health/fitness club, driving
range, etc)
14) Research, technical, or business parks (may include indoor assembly
of parts, limited outdoor storage, product distribution)
15) Restaurant (deli, bakery, fast food, sit-down, beverage shop, drive
through, etc) and incidental casino use. Incidental casino use.
Incidental casino use is limited to 5% of the gross floor space of a
fully bonifide, freestanding restaurant facility (as opposed to a gas
station —restaurant -casino arrangement for example). The casino floor
plan must be visually separate from the primary use of the building as
a restaurant. There can be no outside indication of casino or gaming
activity including signage in a window, on the building or the premise
and no excessive lighting or attraction to indicate such a use. This
includes but not limited to reference to words or symbols associated
with the gaming industry such as gambling, gaming, poker, chance,
casino, live betting, daily take or pot, card game, dice, $, etc.
16) Retail facilities/enterprises (clothing, convenience, food, sporting,
book, office products, drug, computer, phone, hardware, tire,
plumbing, electrical, furniture, art, household, gifts, mall, warehouse
discount, etc)
17) Tourist accommodations (motels, hotels, bed & breakfast,
campground, recreational vehicle park, etc)
18) Veterinary services and facilities
19) Worship buildings (churches, synagogues, etc)
-14-
(C) The Mixed Professional POD is limited to the following permitted uses.
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Automobile convenience (fuel, wash, & convenience retail, only, i.e.
no mechanical service)
3) Barber & beauty services, massage parlor, etc
4) Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons, educational
research or incubator facilities, etc)
6) Financial services and institutions (banks, credit unions, mortgage
companies, savings & loans, etc)
7) Food/grocery store
8) Healthcare (medical offices/clinics, dental/orthodontic, in-
patient/outpatient facilities, pharmacies, diagnostic services and
treatment, etc)
9) Office, professional/governmental
10) Park, private or public (may include open space, trails, passive or
developed facilities, etc)
11) Public or quasi public buildings/structures (fire/law enforcement
stations, community /homeowner facilities, water tower, electrical
distribution/stations lines, telephone relay equipment, etc)
12) Radio/television broadcast stations, internet companies, etc
13) Recreational facilities, outdoor/indoor, private/public or quasi -public,
commercial/non-commercial (tennis courts, bowling alley, golf
course, ice skating arenas, ball fields, swimming pool, zoo,
amusement park, community center gym, health/fitness club, driving
range, etc)
14) Restaurant (excludes food drive -up service but permits drive -up
beverage service and take and bake establishments and sit-down
facilities)
15) Retail enterprises less than 3000 square feet in gross floor area
(excludes tavern, gaming, or casino facilities/operations)
16) Veterinary services and facilities
17) Worship buildings (churches, synagogues, etc)
All other uses otherwise listed as permitted or conditionally permitted in the R-5 zoning
classification may be considered only as conditionally permitted uses in the Mixed Professional
POD.
—15—
(D) The Mixed Residential POD is limited to the following permitted uses.
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Educational facilities (services/facilities for pre -K or K-12 only)
3) Office, professional/governmental
4) Park, private or public (may include open space, trails, passive or
developed facilities, etc)
5) Public or quasi public buildings/structures (fire/law enforcement
stations, community /homeowner facilities, water tower, electrical
distribution/stations lines, telephone relay equipment, etc)
6) Recreational facilities (limited to non-commercial facilities)
7) Residential (day care or day care centers; dormitories or fraternities
(college); dwellings: single family; duplex; or multi -family;
manufactured home park (class "A" only); Nursing homes and elder
care; retirement home, etc)
8) Worship buildings (churches, synagogues, etc)
All other uses otherwise listed as permitted or conditionally permitted in the R-4 zoning
classification may be considered as conditionally permitted uses in the Mixed Residential POD.
(E) Property development standards for the Mixed Commercial POD relative
to (1) minimum lot area, (2) minimum. lot width, (3) minimum yards, (4) maximum
building height, (5) permitted lot coverage, (6) off-street parking, and (7) maximum
fence height shall be consistent with Section 27.17.040, City of Kalispell Zoning
Ordinance (KZO) unless otherwise specified herein by the listed performance
standards or by language within the adopted neighborhood plan (see Section
27.22,120, KZO).
(F) Property development standards for the Mixed Professional POD relative
to (1) minimum lot area, (2) minimum lot width, (3) minimum yards, (4) maximum
building height, (5) permitted lot coverage, (6) off-street parking, and (7) maximum
fence height shall be consistent with Section 27.08.040, City of Kalispell Zoning
Ordinance (KZO) unless otherwise specified herein by the listed performance
standards or by language within the adopted neighborhood plan (see Section
27.22.120, KZO).
(G) Property development standards for the Mixed Residential POD relative
to (1) minimum lot area, (2) minimum lot width, (3) minimum yards, (4) maximum
building height, (5) permitted lot coverage, (6) off-street parking, and (7) maximum
fence height shall be consistent with Section 27.07,040, City of Kalispell Zoning
Ordinance (KZO) unless otherwise specified herein by the listed performance
standards or by language within the adopted neighborhood. plan (see Section
27.22.120, KZO).
—16—
(H) DNRC or Applicant shall require all proposed uses developments and
buildings to be subject to architectural review in accordance with a separate
Agreement between the DNRC and the Applicant. A staff representative form the
City of Kalispell shall serve on the committee in an advisory capacity at its
discretion. All structures shall conform to the relevant city of Kalispell Building
Department regulations. Architectural consistency between building types with each
POD is desired. (Since development of this property is likely to expand over several
decades and styles change, some flexibility in design is desirable and expected.) The
covenants establish architectural review authority for all proposed uses.
1) Landscape features are an important component of the developed
properties. Landscaping is intended to complement the travel ways,
parking lots, buildings, lots, and common areas ( see 2.01E (1), (2),
and (3) of this Agreement).
2) Landscape materials shall be comprised of ornamental and native
plant species common to the general community. Boulevard trees
shall be consistent with the approved species list of the City of
Kalispell.
3) Exterior lighting along travel ways and parking lots should be
directed downward. Ornamental lighting along pathways and parking
lots is encouraged. Low intensity lighting (exterior) may be
appropriate to add architectural interest to certain features of a
building face or building signage. Lighting directed upward to
illuminate tree canopies or building overhangs may provide attractive
accents.
4) Signage on buildings is intended to be complimentary to the building
design and add architectural interest to the structure. Common
signage, including entrance signage, is intended to be low profile and
comprised of materials complimentary to the building structures (see
Section. 2.01 E (3) of this Agreement).
S) Building design is an important consideration in helping to define the
quality of the built environment. Each land use POD allows a mix of
different land use types. Landscaping and other common features
will provide one form of community linkage and identity. The other
linkage will be building architecture. In general terms, all
commercial buildings should seek to have architecturally enhanced
facades and broken roof and wall lines to minimize monotony of
design. Expectations of building design common to all land use types
will include the following components.
a. Exterior wall colors should harmonize with. the site
and surrounding buildings. The pre -dominate tone on
building faces should tend toward warm earthy hues, whether
—17—
in the natural patina or weathered color of the wall surface
itself or the color of the paint stain or other coating. The
color of concrete products on building faces should be not be
achieved from painting the surface. The use of materials such
as wood, brick or stone for trim material is encouraged.
b. Large, rectangular masses should be avoided
by incorporating offsets in the wall and roof. A change in the
plane of the walls, changing the direction or providing some
variety in the roof form gives diversity and visual interest.
Facades greater than 120 feet in length shall have variation
and interest in the wall. Among other things, major
landscaping, significant tree planting, use of color or building
materials or architectural treatments would be in order.
c. Commercial buildings (non-residential) should
place an emphasis on entry. Entries should be a prominent
component of the building face by providing an architectural
covered or recessed entry with modified roof accent and
increased usage of windows and trim.
d. All residential roofs must be pitched. Commercial
roofs maybe pitched or flat. Brightly colored roof material is
prohibited as are reflective metals. All roof mechanical
systems shall be shielded from view from 5"-0" above ground
plane of US Highway 93 as seen at a 90 degree angle or
incorporated into architectural features. Roof design shall
incorporate architectural relief if building foot print size is
greater than 20,000 square feet.
e. Extensive use of windows is encouraged to break
up building planes or add architectural interest to building
facades or other walls facing public view.
f. franchise architecture is may be subject to
modification to achieve the sign, color, and building style
objectives set forth by this agreement. Colors and materials
of franchise architecture shall be similar to or compatible with
the materials and colors of Spring Prairie Center as identified
in a separate Agreement between the DNRC and the
Applicant.
g. Architectural elements of the front of the building
shall be incorporated into the back of buildings when the back
of the building is visually accessible from U.S. Highway 93.
2.03 Ownership
The State of Montana may retain ownership of the Subject Property or leased parcels for the
development and use by third parties. This Agreement is binding on the owners, successors and
assigns inclusive of lessees of the property described in Exhibit A attached hereto.
2.04 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Agreement and attached drawings or
the PUD Application of DNRC, the laws, rules, and regulations of the City of Kalispell governing
the use and development of land and buildings, including the Kalispell Zoning Ordinance as it now
exists or as amended, shall apply to the Subject Property.
2.05 Effectiveness
The provisions of this Agreement shall become effective simultaneously with approval of the
PUD Ordinance.
III. SITE CONDITIONS
3.01 Development
The Subject Property shall be developed in substantial compliance with the Section 36 Plan
and as further described by the Record of Decision issued by DNRC on August 10, 2001 and as set
forth in this Agreement.
3.02 Access
(A) Primary access to the Subject Property shall be as shown on the land use map
(Exhibit E) of the PIan.
(B) DNRC has completed a comprehensive traffic impact study, which identifies all
expected traffic impacts and proposals for mitigation.
(C) DNRC or its assigns or Applicant will obtain all required access permits from
the Montana Department of Transportation and/or Flathead County Road Department
and CITY prior to development of any uses that require access to a particular public
road.
(D) DNRC agrees to be responsible for all required traffic turn lanes, traffic signals,
and other regulatory signs and signals directly pertaining to ingress and egress to and
from U.S. Highway ##93, West Reserve Drive, Stillwater Road and Pour Mile Drive
indicated by the traffic study.
(E) All primary and secondary entrances shall be completed to CITY standards prior
to occupancy permits being issued for any site utilizing said entrances for access.
(P) Emergency fire, ambulance, police and public vehicle access shall be at all times
available through said primary and secondary access without impediment.
3.03 Internal Roadways and Sidewalks
(A) DNRC acknowledges that the development of the Subject Property includes
development, at DNRC's expense, of internal roadways providing access to the lots
within the PUD.
(B) DNRC agrees that the interior roadways within the PUD shall be constructed to
CITY standards with Curb, gutter, and sidewalks, in accordance with the proposed
Site drawings and applicable City Standards for Design and Construction for local
and collector streets. A paved pedestrian/bike path will generally follow the collector
roads .
(C) DNRC agrees that they will dedicate all internal streets and sidewalks to the City
of Kalispell upon completion.
3.04 Sewer and Water
(A) Sanitary sewer service to the Subject Area shall be accomplished by an
extension of the existing Municipal sewer system.
(B) Water service to the Subject Property shall be accomplished by extension of the
existing Municipal water system.
(C) If a well is used on the premises, it shall not in any way be connected to the
CITY water supply system without prior consent and approval by the City of
Kalispell.
(D) All sanitary sewer and water mains shall be designed and installed in
accordance with the City of Kalispell's Standards for Design and Construction.
(E) All utility Infrastructure located within the subject Property shall be dedicated to
the public upon completion.
—20—
(F) DNRC agrees to obtain all necessary easements for the extension of water and
sewer to the Subject Property. In addition, DNRC will grant to CITY any and all
easements necessary for CITY to perform maintenance of water and sewer lines
installed pursuant to the Agreement.
(G) In the event that CITY requires installation of water and/or sewer lines larger
than those required to service the needs of DNRC as set forth in its total
Infrastrucure requirements delineated at the reference 2.01(B)(4), then CITY shall
pay only those costs associated with the. increased utility main sizing or extension.
(H) In no event shall this Agreement be construed as to require CITY to complete
installation of Infrastructure and other improvements on the Subject Property, or on
any portion thereof, during any phase of development of the Subject Property.
(I) Following completion of installation of the sewer and water lines on the Subject
Property by DNRC, it is agreed that the said utility lines shall be maintained by
CITY in accordance with CITY maintenance policy and standards. However, service
lines to individual buildings on site shall remain under private ownership and shall be
privately maintained.
3.05 Storm Water
(A) Storm Water retention, drainage, and disposal shall be designed in accordance
with regulations of the CITY and the Montana Department of Environmental Quality,
and such other City, State and Federal "storm water requirements" as are in existence
and made applicable to the property at the time of the construction of any
improvement.
(B) Storm Water will not be retained, treated or discharged off -site.
3.06 Site Grading
(A) Prior to commencement of site grading, DNRC agrees to obtain an Air Quality
Construction and Demolition Permit from the Director of Public works, and to
comply with the terms and conditions of said Permit during construction including
hauling of material to and from the site.
3.07 Fire Suppression
(A) Prior to the Building Department issuing any permit for any foundation or
building within the PUD, the Fire Chief for CITY must certify that DNRC has
supplied a fire site access plan for the Subject Property and an engineered internal
—21—
fire suppression system for the buildings to be constructed on the Subject Property,
which will be in accordance with the Uniform Fire Code and will be acceptable to the
Fire Chief.
(B) DNRC agrees to install hydrants, water mains, supply and storage units in
accordance with City of Kalispell Standards and to obtain approval thereof prior to
construction from the City of Kalispell Fire Chief.
3.08 Landscaping
(A) In addition to the performance standards related to landscaping, subdivision
review will consider the Iandscaping and common area features of all proposed
development.
(B) Street trees will be placed at 40-foot intervals along both sides of the internal
roadways except where they immediately abut a parking lot island or planter or abut
building fronts. Street trees are to be a minimum of 2 -%4 inch caliper at planting.
(C) Landscaping along Highway 93 and West Reserve Drive will include street trees
placed at 50-foot intervals, which are a minimum of 2-% inch caliper at planting.
(D) The overall landscape plan shall be coordinated with the Kalispell Parks and
Recreation Director as to the exact size and location of the plantings and the species
lists. This plan shall be attached hereto as an addendum.
(E) All refuse areas shall be screened from public view.
IV. CITY SEWERIWATER CONNECTION FEES
4.01 Connection Fee Schedule
(A) Connection fees for connection to the CITY Water and Sewer utility will be
determined in accordance with City Standards and fee schedules for connection fees,
in effect at the time of the application for a building permit.
(B) DNRC, or its successors and assigns which own the property at the time of
applying for a Building Permit, shall pay the connection fees associated with the
utility connections at the time of obtaining the Building Permit for each structure.
This provision is to assure that the fees are paid at the time of applying for a Building
Permit and is not to be construed as to prohibit DNRC from requiring reimbursement
or advance payment of the cost from any potential tenant or purchaser.
(C) DNRC may be entitled to reimbursement of a portion of the costs of installation
and extension of water and sewer utilities from future users who connect to extended
22
water and sewer facilities. If DNRC anticipates the need for reimbursement of cost,
DNRC's engineer shall prepare a preliminary design and report that details the
proposed facilities and the estimated proposed reimbursable costs and will submit
said design and report to the CITY for review and concurrence in advance of
construction. Costs shall be recovered through a developer's extension agreement and
will be subject to the following conditions.
1) No reimbursement will be allows for any costs associated
with meeting the utility requirements for development of the Subject
Property. These costs shall be determined by DNRC's engineer and
shall be submitted for review and concurrence by the Director of
Public Works. Said costs shall be the actual costs of construction,
inclusive of engineering and inspection costs, and shall be submitted
as specified within thirty (30) days of substantial completion of the
work.
2) No reimbursement will be allowed for any costs of
extension of water and sewer facilities, or increases in size thereof,
for which the CITY has agreed to provide reimbursement as
described elsewhere in this agreement.
3) Costs associated with extensions of water and sewer
facilities to future users shall be determined by DNRC's engineer and
shall be provided to the Director of Public Works for review and
concurrence that said costs are appropriate for reimbursement. Said
costs shall be the actual costs of construction, inclusive of
engineering and inspection costs, and shall be submitted as specified
within thirty (30) days of substantial completion of the work.
4) A developer's extension agreement shall be prepared by
DNRC's engineer and submitted to the Director of Public Works for
review and concurrence. The agreement shall identify the costs to be
reimbursed, the properties benefitted by the extended utilities, and the
proportionate cost to be reimbursed by each benefitted property upon
connection to the extended utilities. The agreement shall identify the
recommended method for apportioning reimbursable costs between
the benefitted properties. Said method shall be the same for all
properties. The term of this agreement shall not exceed a period of
seven (7) years.
5) Upon concurrence, the Director of Public Works shall
submit the proposed developer's extension agreement to the Kalispell
City Council for approval.
—23—
6) Future extensions by the CITY of utility facilities covered
by this PUD agreement shall not be subject to the cost reimbursement
outlined in this section.
V. AMENDMENT OR MODIFICATIONS OF AGREEMENT
5.01 Amendment or Modification Procedures
This Development Agreement may be amended or modified only by application of DNRC, in
accordance with the procedures set forth herein. Applications for amendment or modification maybe
made to the City of Kalispell Site Review Committee.
(A) Modifications of this agreement and the attachments hereto which are deemed
by said Site Review Committee to be minor modifications shall require only the
consent of the Site Review Committee and shall not require the consent of the City
Council or any other public agency.
(B) All amendments and modifications of this Agreement, other than minor
modifications, shall require the approval of the City Council.
(C) All applications for modifications or amendments of the Agreement shall be
filed with the Site Review Committee and the Site Review Committee shall
promptly, within 10 days, determine whether the modifications are major or minor.
(D) The Site Review Committee shall make its determinations with respect to any
application for minor modifications subject to this Section within 15 days after it
determines the application to be subject to said minor modification.
(E) 1f the amendment or modification requested is of such a nature as to require
approval of the City Council, the Site Review Committee shall refer the matter to the
City Council within fifteen (15) days after it determines the matter to require Council
review.
(F) DNRC may appeal the decision of the Site Review Committee to the City
Council, who may affirrn, reverse or modify the site Review Committee decision.
— 24 —
VI. MISCELLANEOUS
6.01 Severabiiity
In the event that any provisions of this Agreement shall be deemed, decreed, adjudged or
determined to be invalid or unlawful by a court of competent jurisdiction, such provision shall be
sever able and the remainder of this Agreement shall continue to be of full force and effect.
6.02 Recordation
This Agreement shall be recorded in the Office of the Flathead County Clerk and Recorder.
6.03 Entire Agreement. Primacy
This Agreement and the attachments, exhibits, plans, and reports referenced herein constitute
the entire Agreement between the parties and may only be amended as set forth herein. In the event
during the term of this Agreement, there is a variance between the provisions of this Agreement and
any drawing or document submitted prior to execution of this Agreement, this Agreement shall take
precedence.
6.04 Integration
This Agreement, together with any attached exhibits and any addenda or amendments signed
by the parties, integrates all negotiations and previous agreements between the parties and supercedes
any other written or oral agreements or representations between the parties. This Agreement can be
modified only in writing, signed by all parties hereto.
6.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties, heirs,
successors and assigns.
Dated this day of February, 2004.
DEPARTMENT OF NATURAL RESOURCES
By:
Jon A. Dahlberg
Area Manager, Northwestern Land Office
CITY OF KALISPELL Attest:
—25—
By: By:
Chris A. Kukulski Theresa White
City Manager City Clerk
STATE OF MONTANA )
) ss.
County of Flathead )
On this day of , 2004, before me the undersigned, a Notary Public for the
State of Montana, personally appeared known to me to be the
authorized representative for the Department of Natural Resources, the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same on behalf
of the said entity.
Notary Public for the State of Montana
Residing at
My Commission Expires
STATE OF MONTANA )
) ss.
County of .Flathead )
On this day of , 2004, before me the undersigned, a Notary Public for the
State of Montana, personally appeared Chris A. Kukulski, known to me to be the City Manager for
the City of Kalispell, and Theresa White, the City Clerk for the City of Kalispell, the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that they executed the
same on behalf of the City of Kalispell.
Notary Public for the State of Montana
Residing at
My Commission Expires
— 25 —
ORDINANCE NO. 1486
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE
DEVELOPER'S AGREEMENT FOR THE PLANNED UNIT DEVELOPMENT FOR
SPRING PRAIRIE CENTER.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS:
SECTION 1. That the Spring Prairie Planned Unit Development, approved on December 3,
2001, shall be, upon execution by the landowner, amended as follows:
2.01 E(I )a: General access to the commercial district beginning at West Reserve Drive and
ending % mile south along U.S. Highway 93 shall be limited to no more than 3
approaches. Additional approaches south of the aforementioned area shall also be
allowed as approved by the access permitting agency. New approaches onto Reserve
Drive, Stillwater Road, and Four Mile Drive shall generally be limited to a minimum
spacing distance of 1,300 feet or as otherwise authorized by the access permitting
agency.
2.01 E(3)a: Buildings should not exceed 35 feet above the final grade in the Mixed Residential
POD, 40 feet in the Mixed Professional POD and 45 feet in the Mixed Commercial
POD. Such height limitation may be exceeded in the mixed commercial POD by
issuance of a conditional use permit.
2.01 e(3)D&E: Ground and wall signs as limited below may be used to identify a single use lease lot
or multiple uses within common lot/lease area. Ground signs shall have natural earth
tones and not be fabricated primarily of exterior plastic, Plexiglas or similar
materials. The ground sign may have internal lighting or sign mounted external
lighting. Shielded lighting may be provided from ground -mounted fixtures directed
towards the sign face. Ground signs may have a concrete or similar mounting base
but in no situation shall the total height of the sign exceed the size and height
standards for freestanding signs as specified in Table I of Section 27.24.080 (1 d) of
the Kalispell Zoning ordinance. In addition, freestanding signs shall be capped at 24
feet in total height and 120 square feet in total surface area. There shall be no more
than a total of 3 free standing ground signs, one for phase one, one for phase 2 and
one for phase 3. The freestanding signs shall be constructed as presented in exhibit
I A and shall only advertise the name of the primary tenant of the phase and the name
of the development. Wall signs may have internal lighting and shall not exceed a
sign face area as provided in the City of Kalispell Zoning Ordinance.
2.OIE(3)i: Commercial buildings or combination of buildings on a single lease lot exceeding
60,000 sq. ft. total gross floor area (where no sub -lots have been established) shall be
set back a minimum distance from U.S. Highway 93 as follows: Phase I — 300 feet,
Phase 2 — 225 feet and Phase 3 — 150 feet.
2.0213 B The mixed Commercial POD is limited to the following permitted uses;
15) Restaurant (deli, bakery, fast food, sit-down, beverage shop, drive through,
etc) and incidental casino use. Incidental casino use. Incidental casino use is
limited to 5% of the gross floor space of a fully bonifide, freestanding
restaurant facility (as opposed to a gas station —restaurant -casino arrangement
for example). The casino floor plan must be visually separate from the
primary use of the building as a restaurant. There can be no outside
indication of a casino or gaming activity including signage in a window, on
the building or the premise and no excessive lighting or attraction to indicate
such a use. This includes but not limited to reference to words or symbols
associated with the gaming industry such as gambling, gaming, poker,
chance, casino, live betting, daily take or pot, card game, dice, $, etc.
20) Other uses which are so like the listed uses in purpose, function, character
and effect to be substantially similar to the listed uses. (Excluding those
otherwise conditioned or prohibited by this PUD agreement).
SECTION II. 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 15TH DAY OF DECEMBER, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk