2. Ordinance 1496 - Initial Zoning - Nolan Holdings, LLC - 2nd ReadingTri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity(a�centurytel.net
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REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT: Second Reading - Initial Zoning of R-5/PUD for The Greenery
MEETING DATE: May 17, 2004
BACKGROUND: This the second reading for an initial zoning designation of R-
5/PUD, Residential Professional Office, with a Planned Unit Development (PUD) for
property located at 2050 U.S. Highway 93. The property lies at the southwest corner
of the intersection of U.S. Highway 93 North and Four Mile Drive and contains
approximately 3.84 acres.
At the May 3, 2004 regular meeting a ten lot mixed use subdivision for the property
was approved in conjunction with the first reading for the initial zoning designation of
R-5 / PUD. In response to questions that arose at that meeting, a memo was
provided to the Kalispell City Council at a work session held on May 10, 2004
addressing those issues.
Please let me know if there is further information our office may be able to provide
you or if there is further direction the council would like to provide the staff in
developing recommendations on future projects.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-5,
PUD upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
n „� y d
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: May 12, 2004
c: Theresa White, Kalispell City Clerk
TRANSMIT \ KALISPEL \ 2004 \ KA04-6memo2
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
ORDINANCE 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 1. 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 IL 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:
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. Minhnurn 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.
That a curb, gutter, sidewalk and landscape boulevard shall be installed within the
right-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 letterbe 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 51,822 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 l l percent or 0.10 of an acre for parkland dedication.
(Kalispell Subdivision Regulations, Section 3.19).
8. 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
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