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06. Ordinance 1496 - Initial Zoning - Nolan Holdings, LLC - 1st ReadingORDINANCE NO.1496 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10, SUBURBAN AGRICULTURAL DISTRICT) 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, Nolan Holdings, 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 R-5, Residential/Professional Office with a Planned Unit Development overlay on approximately 3.9 acres of land, and WHEREAS, the property is located at the southwest intersection of US Highway 93 North and Four Mile Drive, and the property address is 2050 Highway 93, and WHEREAS, the petition of Nolan Holdings, LLC was the subject of a report compiled by the Tri- City Planning Office, Staff Report #KA-04-6 / KPUD-04-3, 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 as requested by the petition, 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 initial 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. KA-04-6 / KPUD-04-3. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION L 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 3.9 acres. SECTION H. The Planned Unit Development proposed by Nolan Holdings, LLC, upon the real property described in Exhibit "A", attached hereto, incorporated herein, and thereby made a part hereof, is hereby approved, subject to the following conditions: 01 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 PUD as approved by the City Council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. That the construction of the buildings within the commercial component of the PUD shall be in substantial compliance with the proposed elevation drawings submitted with the application and subject to review and approval by the Kalispell Site Development Review Committee. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell 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). 4. 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 flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. 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 Uniform Fire Codes. d. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Buildings and homes shall be clearly addressed and visible from the adjacent right of way. 5. That a curb, gutter, sidewalk and landscape boulevard shall be installed within the rigbt-of-way along Four Mile Drive with a minimum five feet wide sidewalk and five foot landscape boulevard. (Kalispell Subdivision Regulations, Section 3.11). 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk as well as the landscaping within the common areas of both the commercial and residential areas of the site. (Kalispell Subdivision Regulations, Section 3.11). That the required one ninth area be met with a payment of cash in lieu of parkland dedication in the amount of $1,822 based on a value of approximately $18,000 per acre for the residential component of the subdivision with approximately 0.92 acres in residential lots and 11 percent or 0.10 of an acre for parkland dedication. (Kalispell Subdivision Regulations, Section 3.19). S. The covenants, conditions and restrictions be amended for the commercial component of the development that addresses signage which limits the development to two freestanding signs located at each entrance along Four Mile Drive to 24 square 2 feet per face, not to exceed six feet in height and signs attached to the building shall not exceed 20 square feet per use. Additionally, any temporary signage shall comply with the Kalispell Zoning Ordinance. 9. Prior to the issuance of a building permit for the development, a letter from the Architectural Review Committee for The Greenery shall be submitted to the Kalispell Site Development Review Committee stating that the plans for design and construction have been reviewed and approved. 10. Prior to obtaining a building permit for the building located in the northeast corner of the site, a permit shall be obtained from the Montana Department of Transportation to allow working within their right-of-way. 11. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 12. Lighting shall be located within the development in a manner that insures it will be adequately shielded and does not intrude onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 13. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after 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 BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS 17TH DAY OF MAY, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk