1. Ordinance 1728 - PUD Overlay - Gardner Investments & Fred's Appliance - 2nd ReadingPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager`
FROM: Tom Jentz, Director, Kalispell Planning Department
SUBJECT Ordinance 1728 - Second Reading: Planned Unit Development
Overlay — Gardner Investments and Fred's Appliance
MEETING DATE: July 15, 2013
BACKGROUND: This is the second reading on a request for a planned unit development
(PUD) overlay zoning district which would permit the construction of a Fred's Appliance store on
one lot with the intention of attracting similar or complimentary businesses to a second lot. The
two lots included in the PUD request are located at the northeast corner of the intersection of
Highway 93 South and United Drive immediately north of Mergenthaler Transport. The two lots
contain 4.7 acres of land and can be legally described as Lots 1 and 2 of Mergenthaler
Subdivision in the NW4 of the SW4 of Section 28, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
The Kalispell City Council approved the first reading of the ordinance at their regular meeting of
July 1, 2013
RECOMMENDATION: Approve the second reading of the ordinance for the PUD overlay
zoning district.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Tom Jentz
Director
Report compiled: July 10, 2013
c: Theresa White, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO.1728
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ATTACHING A PLANNED
UNIT DEVELOPMENT OVERLAY ON CERTAIN REAL PROPERTY CURRENTLY ZONED
B-5 (INDUSTRIAL/COMMERCIAL), MORE PARTICULARLY DESCRIBED AS LOTS 1 AND
2 OF THE MERGENTHALER SUBDIVISION IN THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Gardner Investments LLC petitioned the City of Kalispell that a Planned Unit
Development overlay be attached to the current B-5 zoning classification on the above
described tract of land, and
WHEREAS, the property is located at the northeast corner of the intersection of Highway 93 South
and United Drive, and
WHEREAS, the petition of Gardner Investments LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-13-02, in which the Kalispell
Planning Department evaluated the petition and recommended that a Planned Unit
Development overlay be attached to the property as described above, pursuant to
Kalispell City Code 27.29.020, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on June 4, 2013,
and recommended that a Planned Unit Development overlay be attached to the current
City B-5 zoning, pursuant to Kalispell City Code 27.29.030, and
WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned Unit
Development overlay to the described B-5 zoning, 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 KPD as set forth in Staff Report No. #KPUD-
13-02.
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. 1677) is hereby amended by designating the property
described above as B-5, Industrial/Commercial, with a Planned Unit
Development overlay.
SECTION 2. The Planned Unit Development proposed by Gardner Investments LLC upon the
real property described above is hereby approved, subject to the following
conditions:
General Conditions:
The development of Lots 1 and 2 of Mergenthaler Subdivision shall substantially comply with the
following site plan and elevations submitted as part of the Planned Unit Development application:
A. Site Layout Plan dated May 6, 2013 and labeled Overall Layout 2013 C-2;
B. Building footprint site plan dated May 6, 2013 and labeled Lot 1 & 2 of Mergenthaler
Subdivision C-1;
C. Elevations of the proposed Fred's Appliance dated 4-14-13 and labeled AS.O.
2. The permitted and conditional uses for Lots 1 and 2 are restricted to B-5 uses including retail
sales and service.
3. The property owner shall maintain the landscaping on their property and from their property line
to the adjacent street or highway travel surface of both United Drive and Highway 93 South as
applicable.
4. All utilities shall be placed underground.
5. The detailed PUD layout plan which was required by the Gardner/Volkswagen PUD approval and
submitted with this 2 lot PUD shall be modified as shown in italics:
Conceptual design of a frontage road parallel to Highway 93 and identifying which
existing approaches along Highway 93 will be used and the nature of the approach (i.e.
right-in/right-out only, full movement approach or 3/ movement approach). This has been
met with the submission of the Gardner/Fred's Two Lot PUD overall layout — 2013 plan
numbered C-2. Two modifications are required. All lots in the PUD shall connect to the
internal road system extending between United Drive and Lower Valley Road exceptfor
the Deprato Volkswagen tract. Tract 2 of the Gardner/Deprato Volkswagen PUD and the
easterly most lot that lies one lot south of the lot abutting Lower Valley Road need to
form a connection to the internal road system.
Identify the area and approximate size and specifications of a regional storm water
detention area. Yet to be determined. At this point the developer has decided that all will
utilize onsite treatment and therefore the regional facility is not needed.
Approximate locations of north/south streets and cast/west streets serving the area and the
type of streets proposed (i.e. local street or collector street). This has been met per the
overall layout plan dated 2013 and numbered C-2. Streets are considered local at this
time.
A conceptual design for lots within the area that identifies the location of buildings to the
adjacent street and their associated parking lots. This has been met per the overall layout
plan dated 2013 and numbered C-2. Specific designs have been provided for Lots I and 2
of the Gardner's/Fred's PUD.
Prior to the issuance of a building permit:
6. A development agreement shall be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed, shall
constitute the Planned Unit Development (PUD) zoning for the site that shall be.completed and
signed by the city and owner prior to the issuance of a building permit.
7. A landscape plan shall be submitted to the Parks and Recreation Department for review and
approval. The landscape plan shall include an irrigation plan and specify tree and shrub type and
size at the time of planting for the parking areas, areas around the building and adjacent right-of-
ways. Street trees shall specifically be required in a landscaped boulevard along the north side of
United Drive and for Lot 2 along the west side of United Drive as it is extended.
8. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and Public
Works Department for review and approval. The plan shall show the location of the bike path at
the outermost edge of the Highway 93 R/W adjacent to Lot 1 as well as the connection with the
proposed sidewalk along United Drive. The Bike Path shall be designed to extend south along
Highway 93 in the future. Note: An asphalt bike trail shall have a minimum width of 10 feet; a
concrete bike trail shall have a minimum width of 8 feet.
9. A traffic analysis shall be submitted to the Public Works Department for review and approval
prior to building on the Fred's Appliance lot. The traffic analysis shall account for future vehicle
traffic on the approximately 55 acres of this PUD and determine the improvements required to
United Drive and Highway 93 intersection.
10. The owner shall install the required improvements, if any are required by the traffic analysis. All
improvements shall be completed in accordance with the City of Kalispell's Standards for Design
and Construction and Montana Public Works Standards; and shall be certified by an engineer
licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public
Works Department prior to construction.
11. Water and sewer main extensions shall be reviewed and approved by the Kalispell Public Works
Department prior to installation.
12. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water management plan that meets the requirements of the current city standards for design
and construction. The approved storm water management plan for on -site facilities shall be
completed prior to the issuance of a building permit.
13. Fred's Appliance and any construction on Lot 2 are required to be submitted to the Kalispell
Architectural Review Committee prior to issuance of a building permit. Approval of this PUD
does not convey or grant any specific authorization or project pre -approvals relative to the duties
of the Architectural Review Committee.
Prior to the issuance of a certificate of occupancy
14. A certification from an engineer licensed in the State of Montana shall be submitted to the Public
Works Department stating that all water and/or sewer lines have been installed per the approved
plan.
15. Any on -site storm water management facilities shall be installed per the approved plan.
16. All landscaping shall be installed per the approved landscape plan.
17. The bike trails shall be installed per the approved plan.
18. A certification from an engineer licensed in the State of Montana shall be submitted to the Public
Works Department stating that the improvements to United Drive have been built as designed and
approved.
19. The property owners of Lots 1 and 2 shall obtain the appropriate permit for the approach from
United Drive out onto Highway 93 and receive an approval from MDT on the completion of
conditions or requirements attached to the approach permit. The approved approach permit and
MDT approval shall be submitted to the Kalispell Planning Department.
20. United Drive shall be dedicated to the City of Kalispell as a city street along the frontage of Lots
1 and 2 including along the east side of Lot 2.
21. The existing length of United Drive which abuts the south side of Lots 1 and 2 shall be subject to
the following additional conditions:
A. An assessment of any improvements such as additional curbing, repair of worn or
defective travel surface, etc. necessary to bring United Drive up to city Public Works
standards for a local street.
B. Completion of the upgrades or repair of the deficiencies noted.
C. A certification from an engineer licensed by the State of Montana that the street meets
city standards for a local street.
D. The removal of the north half of the cul-de-sac and replacing it with a typical street
design.
22. Prior to the development of Lot 2 and the issuance of a C/O, United Drive shall be extended
along the eastern boundary of Lot 2. Said road shall be constructed to Kalispell Public Works
standards for a local street including sidewalk, boulevard and street trees along the west edge of
United Drive.
23. Lot 1 already contains a free standing sign. The square footage of the sign will be assessed against
Lot 1 and Lot 1 will not be allowed an additional freestanding sign as long as this sign stays on
site as only one free standing sign per lot is allowed.
SECTION 3. 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 4. 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 JULY, 2013.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
KALvIG & LEDUC, P.C.
ATToRNEYs AT LAW
Joi-a B. DuDis
BRucE A. FREDRici=N"
KEN A. KALviG
MARSHALL MURRAY
(Retired)
Kalispell Planning Board
City of Kalispell
201 Igt Avenue East
Kalispell, MT 59901
Southfield Tower
1830 31d Avenue East, Suite 301
Kalispell, MT 59901
June 3, 2013
Our Client: Montana Venture Partners, LLC
File #: 084.006
Re: GardnerNW 2-Lot PUD Zoning Application
Dear Members of the Planning Board:
10I��%[
1 I� JUN 03 2013
itAL!SPELL PLANNING DEPARTMENT
P.O. Box 1678
KALISPEL.L, MT 59903
PHONE: 406-257-6001
FAx: 406-257-6082
ALL ATmRNEYs LScwsm IN MT
* ALso L1cwsm tN NORTH DAKoTA
Via Hand Delivery
On behalf of my client, Montana Venture Partners, •LLC, I am writing to express the
Gardner/Fred's Two Lot PUD application being reviewed by the Kalispell Planning Board does
not comply with the Kalispell Zoning Regulations in place for planned unit developments (PUDs)
for many of the same reasons expressed by my client in connection with your and the City
CoLmcil's recent review and approval of the GarclneTNW 2-Lot PTJD application. Among other
problems with both applications, this most recent application is the next example of how the City
is allowing PUDs to be submitted, and presumably approved, in a piecemeal and disjointed
fashion, rather than as a single, comprehensive plan that satisfies the concepts and requirements of
comprehensive, integrated, and phased planning, which is what your regulations provide for and
which has been the'uasis of pUD in Kalispeil•for a decade or, more: My, client refers you tc and
urges you to consider all comments made and information provided earlier on March 12, 2013 and
April 15, 2013 to the Planning Board and City Council, respectively and such is hereby
incorporated by reference.
Thank you for your consideration.
Sincerely,
Ken A. Kalvig
ken@lcalviglaw.com
cc: Montana Venture Partners, LLC
HAMWanona Yamura PoRxrsACud6uPUDACarrupaMmm12013.6.3 Kalispell Planning P. rd.doc
GARDNER
PLANNED UNIT DEVELOPMENT REQUEST
STAFF REPORT #KPUD-13-02
KALISPELL PLANNING DEPARTMENT
MAY 28, 2013
A report to the Kalispell City Planning Board and the Kalispell City Council for a planned
unit development (PUD) request on two commercial lots zoned B-5/PUD. The PUD would
permit the development of the two lots for an appliance store and other similar retail use.
A public hearing is scheduled before the planning board on June 4, 2013, in the Kalispell
City Council Chambers. The planning board will make a recommendation and forward a
set of findings to the Kalispell City Council for final action.
BACKGROUND INFORMATION:
The two lots included in the PUD request were annexed into the city as part of a larger
annexation in 2008. The annexation request included 9 tracts of land totaling 81.6t
acres on the east side of Highway 93 South. The city council annexed the 9 tracts of
land and approved a zoning district over all 9 tracts of B-5 (Industrial -Commercial) zoning
and a PUD placeholder. The council included the PUD placeholder to allow the developer
to enter into a development agreement with the city, binding the property to a future
PUD application in exchange for the B-5 zoning up front. At the time of annexation the
property owners did not have any immediate plans for development of the 9 tracts of
land. The PUD placeholder did not require the developer to provide any application
materials or development plans and the developer did not receive any entitlements other
than a commitment between the city and the developer that prior to development of the
individual properties, the developer would submit for review and approval a full PUD
application as required by the zoning ordinance.
The city council approved the PUD placeholder because the council determined there was
a need to support a cohesive design for lots zoned with the B-5 zoning. Future
development approved through the PUD process was also found to be in accordance with
the following goal from Chapter 4, goal 1 of the Kalispell Growth Policy which states,
"Encourage the development and growth of prosperous commercial and industrial
districts, each with a viable mix of businesses, suitable infrastructure, and a coordinated
development pattern that reduces business costs and increases small business
opportunities."
A. Owner: Gardner Investments LLC
PO Box 958
Kalispell, MT 59903
Technical Assistance: APEC Engineering, Inc.
111 Legend Trail
Kalispell, MT 59901
(406) 755-1333
B. Location and Legal Description of Property: The two tracts of land included in
the PUD request are located on the east side of US Highway 93 South at the
northeast corner of the intersection of Highway 93 South and United Drive. The
two tracts of land can be legally described as Lots 1 and 2 of the Mergenthaler
Subdivision in the NW 1/4 of the SW 1/4 of Section 28, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning: Both lots are currently undeveloped. Both lots are
zoned B-5/PUD. The B-5 zoning is a commercial/industrial zoning district
intended primarily to accommodate a variety of business, warehouse, and light -
industrial uses and incorporating these uses into an integrated design for
compatibility. Compatibility issues may be addressed through development of an
industrial -commercial park development or through a planned unit development
(PUD) overlay zoning district. Such uses would typically not create objectionable
characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.) which extend
beyond lot lines. The B-5 zoning district is primarily located near major arterials
or rail services. This zoning district would typically be found in areas designated
as industrial or urban mixed -use on the Kalispell Growth Policy Future Land Use
Map.
d'��xP
Gardner's RV
Figure 1: Aerial photo of the project site and the immediate area
2
D. Adjacent Land Uses and Zoning:
North: Vacant land, radio station and two radio station towers. City B-5 PUD
South: Mergenthaler Transport Building, County I-1H zoning
East: Vacant land. City B-5 PUD zoning
West: US Highway 93, Gardner's RV Sales, City B-2 PUD zoning
E. General Land Use Character: The general land use character of the Highway 93
South corridor is commercial and light industrial uses concentrated along Highway
93. The lands adjacent to the two lots in this PUD request include a mix of large
vehicle display and sales, storage and transfer and a radio station with significant
vacant land in the area.
F. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private contractor/City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyLink
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Nature of the Request: This is a request for a planned unit development (PUD)
zoning district on approximately 4.7 acres of land which is currently undeveloped.
The PUD zoning would permit the development of the two existing tracts of land, one
for a large appliance store and the other for a similar type of retail sales and service
building. The owners are not requesting any deviations from the zoning ordinance
at this time.
Criteria for the Creation of a Planned Unit Development IPUD1 District
The following information and evaluation criteria are from Sections 27.19.020(3) and
27.19.020(4), of the Kalispell Zoning Ordinance. The intent of the planned unit
development district is to serve as an overlay zoning district. The district functions in
concert with one or more of the underlying zones to provide a comprehensive, integrated
development plan which will serve to modify the underlying zone and, where appropriate,
subdivision standards with the intent of providing flexibility of architectural design and
density as well as providing the option to mix land uses and densities while preserving
and enhancing the integrity and environmental values of an area.
3
Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations
provide that the planning board and city council shall review the PUD application and
plan based on the following criteria:
A. The compliance of the proposed PUD with the city growth policy and in
particular the density and use policies of the plan;
The proposed PUD would permit development on the two tracts of land for retail
sales and service such as an appliance store or similar type of business. The
property is zoned for commercial and industrial type uses which an appliance
store qualifies as one of the anticipated uses. The scale and density of
commercial development proposed on the project site is in accordance with the B-
5 zoning of the property.
The Kalispell Growth Policy Future Land Use Map designates the 4.7 acre project
site included in this PUD application as urban mixed use. In 2008 the city council
amended the Highway 93 South neighborhood plan in the city's growth policy.
The proposed PUD design meets the following policies of the Highway 93 South
neighborhood plan
Policy
18.The following design standards are intended to enhance the gateway
entrances to Kalispell
b. Areas planned for commercial development along Highway 93 should
occur as an integrated development utilizing and enhancing the
property back from the highway as opposed to occurring as a shallow
linear strip. Significant individual business highway exposure,
individual access points, and pole signage would not be the norm.
The proposed PUD design includes significant landscaping along the
highway between the edge of pavement and the use of the property as
a retail appliance store. This phase shows two lots extending off of
Highway 93 via an existing road (United Drive) and will provide depth
to the existing commercial development plan along Highway 93 South.
The plan proposes to use the existing United Drive as the primary
access. United Drive does connect to an existing road system that
provides access south and then west to the intersection of the
Alternate 93 intersection with Highway 93 south.
e. Four sided architecture should be the norm for all properties
abutting the gateway entrances.
Information included with the application shows a building design for
Fred's Appliance. This building, while block in design will have
alternating color and pattern of block for accent and includes large
windows on 2 sides. This submittal is preliminary in nature and the
entire project will have to be presented to architectural review for final
approval prior to issuance of a building permit. It should be noted that
the store does screen its loading facility and garbage area. However,
4
the building is in need o; some additional embellishments on the east
and north elevations, particularly the north elevation which faces
south bound traffic on Highway 93 and will be highly visible to the
traveling public.
Billboards should be prohibited in the commercial and residential
zones. Existing billboards in these zones should be considered a
primary use. Such existing billboards should be phased out in these
zones under the following schedule: at the end of their current lease
or when another primary use is proposed on the same parcel or tract
of land.
There are no billboards on the two lots under review. An existing
billboard is located immediately north of the lot proposed for Fred's
appliance but is not part of this application.
The PUD application notes that the exact development for lot 2 immediately east of
the proposed Fred's Appliance Store has not been determined. The owners of the
lot are marketing the lot for an additional retail store or similar large lot retail use.
The B-5 zoning permits a wide range of land uses including but not limited to
retail business, restaurants, professional offices, laboratories, hotels and truck
terminals.
B. The extent to which the PUD departs from the underlying zoning and the
reasons why such departures are or are not deemed to be in the public
interest, and the mitigating conditions that the PUD provides to address the
deviations;
The requested PUD will not deviate from the zoning regulations.
C. The extent to which the PUD departs from the subdivision regulations (if
subdivision is anticipated) and the public works standards for design and
construction applicable to the subject property, the reasons why such
departures are deemed to be in the public interest, and the mitigating
conditions that the PUD provides to address the deviations;
The requested PUD will not deviate from the subdivision regulations or public
work's standards for design and construction.
D. The overall internal integrity of the PUD including the appropriate use of
internal design elements, the use of buffers between different land uses, the
use of transitions between uses of greater and lesser intensity, the use of
enhanced design features to provide connectedness for both vehicle and
pedestrian traffic throughout the PUD and the use of innovative and
traditional design to foster more livable neighborhoods;
The focus of this proposed PUD zoning request is on the two lots located in the
southwest corner of land under a PUD overlay zoning (marked in yellow on the
figure below). The total area of land under the PUD zoning is comprised of several
lots totaling approximately 65 acres. The first PUD in the northeast corner of the
5
site encompassed 7.6 acres and was approved this spring.
B_21PUD ?B_2
aDeprato
ti.
VW
t I
.. I
RA-11PUD
t.
R•21PUD
13-51PUD
a
HIGHWAY 93 ALTERNATE -^�',•:;;
rt
i vl
Approximately 53.4 acre tl fir.
Remaining undeveloped land outside of the two lots included in this PUD
Several key components of overall design have been addressed by this application.
The applicants have prepared an overall access plan (attached) for the PUD
including an internal road extending north -south from Lower Valley to United
Drive. This road provides internal access for a majority of the existing parcels in
the PUD. It also provides for secondary access for most of the lots in the PUD that
have frontage on Highway 93. The lots fronting directly onto Highway 93 will be
granted right-in/right-out access points by MDT. It is generally anticipated that
no lots will ultimately have full movement access onto Highway 93. In other
words, for vehicles coming from the south on Highway 93 they will have the ability
to enter onto a frontage lot. However, when that vehicle leaves it will have to exit
right and continue north unless there is a secondary access road to handle traffic.
9
To satisfy the demand for the left turn movements, the applicants were asked to
develop an internal road system, either a frontage road or some other system to
collect traffic and funnel it to key locations to allow for the left turn onto Highway
93. The owners have included a conceptual layout for this area with this PUD
application. The road access concept plan is generally adequate at this point,
however two existing lots (the lot immediately south of Deprato Volkswagen and a
lot in the northeast corner of the site do need to have direct access to this road
system prior to approval.) Generally, future uses and/or lot sizes are unknown at
this time and a large portion of the undeveloped property is encumbered with
radio tower easements. Until the radio towers are removed and the associated
easements are abandoned, much of the land under the PUD overlay is unavailable
for development.
The future PUD design of the land identified will comply with the following goals
and policies of the Kalispell Growth Policy and in particular, the Highway 93
South Corridor Growth Policy Amendment:
Goals:
2. EXPANSION OF COMMERCIAL DEVELOPMENT SOUTH OF CEMETERY
ROAD/LOWER VALLEY ROAD NEEDS TO BE ADDRESSED UNDER A
PLANNED UNIT DEVELOPMENT IN ORDER TO ADEQUATELY ADDRESS
VEHICULAR AND PEDESTRIAN ACCESS, SIGNAGE, SETBACKS, AND
OTHER ISSUES RELATING TO PROTECTING AND PRESERVING THE
COMMUNITY ENTRANCE WAY TO KALISPELL.
3. PRESERVING THE FUNCTIONALITY OF THE INTERSECTION OF HIGHWAY
93 AND THE HIGHWAY 93 BYPASS SHOULD BE A PRIORITY.
6. FREE FLOWING TRAFFIC ON HIGHWAY 93 SHOULD BE MAINTAINED
AND NEW DEVELOPMENT SHOULD INCORPORATE DESIGN AND
TRAFFIC FEATURES THAT WILL ELIMINATE THE NEED FOR PRESENT OR
FUTURE TRAFFIC SIGNALS BETWEEN FOUR CORNERS AND HIGHWAY
82.
7. A GRID STREET SYSTEM SHOULD BE ESTABLISHED AS NEW
DEVELOPMENT OCCURS.
Policies:
3. Avoid a pattern of one lot deep linear commercial and industrial
development along the Highway 93 South Corridor; instead encourage
development patterns that extend horizontally back from the highway
creating commercial or industrial centers and parks.
4. Require high quality development as it relates to the provision of services,
utilities, facilities and amenities.
5. Additional accesses onto Highway 93 shall be limited and a grid street
system shall be developed when possible.
7
6. Frontage roads shall be developed as part of a grid street system to avoid
additional accesses onto Highway 93.
7. Provide alternative north/ south roadways parallel to Highway 93 on both
the east and west sides of the highway.
18.The following design standards are intended to enhance the gateway
entrances to Kalispell
a. Access control should be the norm along the 93 corridors.
b. Access should be coordinated so as to allow only collector or arterial
streets to intersect Highway 93. The judicious use of right -in right -out
approaches, frontage roads and good internal development street design
should be the rule to reduce or eliminate the need for direct access onto
major gateway roads.
Pedestrian connectivity in the area of the two lots in the proposed PUD request is
non-existent at this time. A bike path is proposed from the Four Corners
intersection with Highway 93 and extending south along Highway 93 in front of
both lots that were recently approved under the Gardner/Volkswagen PUD. To
provide pedestrian and bicycle connections to the proposed developments, the
applicants will likewise be extending a pedestrian/bike trail along the frontage in
front of the Fred's Appliance lot along Highway 93. The bike trail is proposed on
the outer edge of the right-of-way, creating a separation from the adjacent highway
of approximately 50 feet. Along United Drive the PUD layout plan proposes a 5-
foot sidewalk which would connect to the bike trail along Highway 93 and extend
easterly along the north side of Untied Drive.
The proposed bike/ pedestrian trail on the PUD layout plan and the recommended
sidewalks comply with the following two goals in the Highway 93 South Corridor
Growth Policy Amendment of the Kalispell Growth Policy:
Goal:
15. PROVIDE FOR THE ONGOING ACQUISTION, CONSTRUCTION AND
MAINTENANCE OF PARKS, BIKE AND PEDESTRIAN TRAILS AND OTHER
RECREATIONAL FACILTIES.
16. PEDESTRIAN AND BIKE TRAILS SHOULD BE INCORPORATED INTO
NEIGHBORHOOD AND CONNECT WITH OR PROVIDE FOR FUTURE
CONNECTION WITH EXISTING OR FUTURE TRAILS.
E. The nature and extent of the public parks and common open space in the
PUD, the reliability of the proposal for maintenance and conservation of
these areas and the adequacy or inadequacy of the amount and function of
the parks and open space in terms of the land use, densities and dwelling
types proposed in the PUD;
The proposed PUD would permit large retail sales and service, auto dealership(s)
8
and complementary businesses to locate on the two tracts of land. No
development of permanent housing is proposed and therefore no increase in
resident population will occur. Without an increase in resident population the
need for park or common open space is not required.
Included with the PUD application the owners have submitted a layout plan which
identifies those areas to be landscaped. The landscaping plan for Fred's will bring
landscaping out to the edge of the travel surface of Highway 93 and United Drive
thus insuring a similar treatment to these areas as was required of the Toyota
Dealership and the Gardner/Deprato Volkswagen PUD filed several months ago.
Landscaping is proposed both on the private property and the adjacent right-of-
way for Highway 93 and United Drive. The adjacent property owners will be
required to maintain the landscaping as part of their development approvals.
F. The manner in which the PUD plan snakes adequate provision for public
services, provides adequate control over vehicular traffic and furthers the
amenities of recreation and visual enjoyment;
1. Public Services
Police and Fire Services
The two properties included in the PUD request were annexed by the city council
in 2008. Once annexed the properties receive Kalispell police and fire services.
Future development on the properties will be required to receive a building permit
prior to construction. As part of the building permit review police and fire
department officials review and comment on the building permit plans to insure
both departments can adequately enter and serve the development.
Water and Sewer
There are existing water and sewer mains located along Highway 93 that extend
out to Old School Station. The developer intends to connect to these city services
with service lines and/or main lines installed per Public Works standards.
As part of the Gardner/ Deprato PUD approval, the next PUD phase submitted
(which is this one) is required to show an overall water and sewer service plan for
the remaining 53 acres of the PUD. The developer has done that. An attached site
map shows a heavy line which denotes those lots which will gravity flow out to
Highway 93 and therefore have direct access to the existing lines in Highway 93.
For the remaining easterly portion of the PUD site, the topography drops to the
east making gravity connections to Highway 93 unreasonable. In lieu of this, the
developer is proposing a regional lift station located in the northeast corner of the
overall PUD to collect flows from the remaining lots and piping said flows to Lower
Valley Road and then west where they will drop into a manhole at the corner of
Lower Valley and Highway 93. The Kalispell Public Works Department has looked
at this proposal and finds it to be a reasonable solution.
Storm water
Individual storm water facilities are proposed for each of the two lots included in
the PUD request. Prior to issuance of a building permit for either lot a storm
water management plan will be required to be reviewed and approved by the
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Public Works Department. Any off -site storm water management facilities (if
applicable) would need to be in place prior to the issuance of a certificate of
occupancy.
2. Control Over Vehicle Traffic
Access to the two lots in the PUD request will be via United Drive a local private
road which intersects with Highway 93. United Drive is a paved private street
built with curb and a 28 foot travel surface. Highway 93 is a major arterial within
the city's transportation network. The highway is a four lane road with a center
turn lane and 8-foot shoulders. The posted speed limit for this section of the
highway is 55 mph. The Kalispell Area Transportation Plan indicates daily traffic
volumes along this section of the highway at approximately 19,000 vehicles
(Figure 3-11). The transportation plan indicates future projected traffic volumes
by 2030 could be approximately 31,000 vehicles per day (Figure 3-13).
A copy of the PUD application was sent to the Kalispell office of the Montana
Department of Transportation (MDT). Discussion between city staff and MDT staff
resulted in the requirement of the owners of the two lots to obtain an approach
permit from MDT. The permit and conditions sign off from MDT will be required
prior to the city issuing a certificate of occupancy on the building.
3. Recreational Amenities
No recreational amenities are required as part of the proposed PUD plan.
Recreational amenities are needed in residential developments or mixed
commercial/residential developments where the project includes a new resident
population. This is not the case with the proposed PUD plan.
4. Visual Enjoyment
The proposed PUD project includes development of two lots, one of which will be a
Fred's Appliance Store and the other lot may be another similar type of use. The
proposed PUD layout plan and application indicate the owners or developers of
both lots will be landscaping their developments both on -site and out to the edge
of the adjacent right-of-way. The end result will look much like the Toyota
dealership north of the PUD site and the proposed Volkswagen dealership south of
that. This includes a combination of manicured grass, shrubs and trees along
Highway 93 giving a very positive visual impression as the travelling public enters
the city. The proposed developments will be extending this concept and adding to
the quality of the built environment along this section of the highway.
G. The relationship, beneficial or adverse, of the PUD plan upon the
neighborhood in which it is proposed to be established in concert with the
underlying zone;
The proposed PUD would permit an appliance store to occupy the western lot with
the anticipation of another similar use occupying the eastern lot. The proposed
layout provides for adequate vehicle access to the site via United Drive.
The proposed uses of the land for an appliance store or other similar uses should
not conflict with surrounding land uses. There are no residential homes in
proximity to the site. The Mergenthaler building to the south exists as a large
steel building and is well landscaped. on its site. The Fred's building would be a
1.0
significant upgrade and yet be compatible in size and scale. Prior to annexing into
the city the two tracts of land had an industrial zoning district in the county. The
industrial zoning was based on a previous neighborhood plan adopted by both the
city and county in 1993. At that time Kalispell had a city -county master plan and
associated map that provided guidance for development both within city limits and
up to four miles around the city. In 2008 the city council revised the growth
policy and land use map for this area permitting commercial as well as industrial
land uses for the area. The current B-5 zoning is a result of this land use change.
H. In the case of a plan which proposes development over a period of years, the
sufficiency of the terms and conditions proposed to protect and maintain the
integrity of the PUD;
Part of the requirements of a PUD is that the developer enters into an agreement
with the City of Kalispell to adequately insure that the overall integrity of the
development, the installation of required infrastructure, architectural integrity and
proposed amenities are accomplished as proposed. A recommended condition of
approval for the PUD would require this agreement be in place prior to the
issuance of a building permit on either one of the lots.
I. Conformity with all applicable provisions of this chapter.
No other specific deviations from the Kalispell Zoning Ordinance can be identified
based upon the information submitted with the application.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report KPUD-13-2 as findings of fact a -rid recommend to the Kalispell City Council
the PUD overlay zoning district be approved subject to the conditions listed below:
CONDITIONS OF APPROVAL
General Conditions:
1. The development of Lots 1 and 2 of Mergenthaler Subdivision shall
substantially comply with the following site plan and elevations submitted as
part of the Planned Unit Development application:
A. Site Layout Plan dated May 6, 2013 and labeled Overall Layout 2013 C-2
B. Building footprint site plan dated May 6, 2013 and labeled Lot 1& 2 of
Mergenthaler Subdivision C-1
C. Elevations of the proposed Fred's Appliance dated 4-14-13 and labeled
AS.0.
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2. The permitted and conditional uses for Lots 1 and 2 are restricted to B-5 uses
including retail sales and service.
3. The property owner shall maintain the landscaping on their property and from
their property line to the adjacent street or highway travel surface of both
United Drive and Highway 93 South as applicable.
4. All utilities shall be placed underground.
5. The detailed PUD layout plan which was required by the Gardner/ Volkswagen
PUD approval and submitted with this 2 lot PUD shall be modified as shown in
italics:
Conceptual design of a frontage road parallel to Highway 93 and identifying
which existing approaches along Highway 93 will be used and the nature of
the approach (i.e. right-in/right-out only, full movement approach or %
movement approach) . This has been met with the submission of the
Gardner/Fred's- Two Lot PUD overall layout - 2013 plan numbered C-2. Two
modifications are required. All lots in the PUD shall connect to the internal
road system extending between United Drive and Lower Valley Drive except
for the Deprato Volkswagen tract. Tract 2 of the Gardner/Deprato
Volkswagen PUD and the easterly most lot that lies one lot south of the lot
abutting Lower Valley Drive need to form a connection to the internal road
system.
• Identify the area and approximate size and specifications of a regional
storm water detention area. Yet to be determined. At this point the developer
has decided that all will utilize onsite treatment and therefore the regional
facility is not needed.
• Approximate locations of north/south streets and east/west streets serving
the area and the type of streets proposed (i.e. local street or collector street).
This has been met per the overall layout plan dated 2013 and numbered C-2.
Streets are considered local at this time.
• A conceptual design for lots within the area that identifies the location of
buildings to the adjacent street and their associated parking lots.
This has been met per the overall layout plan dated 2013 and numbered C-2.
Specific designs have been provided for Lots 1 and 2 of the Gardner's/Fred's
PUD.
Prior to the issuance of a building permit:
6. A development agreement shall be drafted by the Kalispell City Attorney
between the City of Kalispell and the developer outlining and formalizing the
terms, conditions and provisions of approval. The final plan as approved,
together with the conditions and restrictions imposed, shall constitute the
Planned Unit Development (PUD) zoning for the site that shall be completed
and signed by the city and owner prior to the issuance of a building permit.
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7. A landscape plan shall be submitted to the Parks and Recreation Department
for review and approval. The landscape plan shall include an irrigation plan
and specify tree and shrub type and size at the time of planting for the parking
areas, areas around the building and adjacent right-of-ways. Street trees shall
specifically be required in a landscaped boulevard along the north side of
United Drive and for lot 2 along the west side of United Drive as it is extended.
8. A pedestrian/ bike path plan shall be provided to the Parks and Recreation
Department and Public Works Department for review and approval. The plan
shall show the location of the bike path at the outermost edge of the Highway
93 R/W adjacent to Lot 1 as well as the connection with the proposed sidewalk
along United Drive. The Bike Path shall be designed to extend south along
Highway 93 in the future. Note: An asphalt bike trail shall have a minimum
width of 10 feet; a concrete bike trail shall have a minimum width of 8 feet.
9. A traffic analysis shall be submitted to the Public Works Department for review
and approval prior to building on the Fred's Appliance lot. The traffic analysis
shall account for future vehicle traffic on the approximately 55 acres of this
PUD and determine the improvements required to United Drive and Highway
93 intersection.
10. The owner shall install the required improvements, if any required by the
traffic analysis. All improvements shall be completed in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public
Works Standards; and shall be certified by an engineer licensed in the State of
Montana. All work shall be reviewed and approved by the Kalispell Public
Works Department prior to construction.
11. Water and sewer main extensions shall be reviewed and approved by the
Kalispell Public Works Department prior to installation.
12. The developer shall submit to the Kalispell Public Works Department for review
and approval a storm water management plan that meets the requirements of
the current city standards for design and construction. The approved storm
water management plan for on -site facilities shall be completed prior to the
issuance of a building permit.
13. Fred's Appliance and any construction on Lot 2 are required to be submitted to
the Kalispell Architectural Review Committee prior to issuance of a building
permit. Approval of this PUD does not convey or grant any specific
authorization or project pre -approvals relative to the duties of the Architectural
Review committee.
Prior to the issuance of a certificate of occupancy:
14. A certification from an engineer licensed in the State of Montana shall be
submitted to the Public Works Department stating that all water and/or sewer
lines have been installed per the approved plan.
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15. Any on -site storm water management facilities shall be installed per the
approved plan.
16. All landscaping shall be installed per the approved landscape plan.
17. The bike trails shall be installed per the approved plan.
18. A certification from an engineer licensed in the State of Montana shall be
submitted to the Public Works Department stating that the improvements to
United Drive have been built as designed and approved.
19. The property owners of lots 1 and 2 shall obtain the appropriate permit for the
approach from United Drive out onto Highway 93 and receive an approval from
MDT on the completion of conditions or requirements attached to the approach
permit. The approved approach permit and MDT approval shall be submitted
to the Kalispell Planning Department.
20. United Drive shall be dedicated to the city of Kalispell as a city street along the
frontage of lots 1 and 2 including along the east side of lot 2.
21. The existing length of United Drive which abuts the south side of lots 1 and 2
shall be subject to the following additional conditions:
A. An assessment of any improvements such as additional curbing, repair
of worn or defective travel surface, etc. necessary to bring United Drive
up to city public works standards for a local street.
B. Completion of the upgrades or repair of the deficiencies noted.
C. A certification from an engineer licensed by the state of Montana that
the street meets city standards for a local street.
D. The removal of the north half of the cul-de-sac and replacing it with a
typical street design.
22. Prior to the development of Lot 2 and the issuance of a C/O, United Drive shall
be extended along the eastern boundary of Lot 2. Said road shall be
constructed to Kalispell public works standards for a local street including
sidewalk, boulevard and street trees along the west side of United Drive.
23. Lot 1 already contains a free standing sign. The square footage of the sign will
be assessed against Lot 1 and Lot 1 will not be allowed an additional
freestanding sign as long as this sign stays on site as only one free standing
sign per lot is allowed.
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PLANNING FUR:THE FUTURE
Date: May 8, 2013
To: Kalispell Planning Board
From: Tom Jentz, Planning Director
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax. (406) 758-7739'
www.kalisnell.com/planning
Re: May 14th Work Session - Gardner Planned Unit Development (PUD)
The planning department has received a request from Gardner Investments LLC for
a planned unit development (PUD) zoning overlay approval for two tracts of land
located immediately north of Mergenthaler Transport on the east side of US
Highway 93 South. The lots front on United Way, a local street, approximately 1/2
mile south of the Four Corners intersection. The two tracts contain 4.7 acres of
land. The applicants are proposing to construct a Fred's Appliance Store on the
2.1 acre lot that lies on the northeast corner of United Drive and US 93 South. No
use is proposed at this time for the easterly lot. Water and sewer to serve these
two lots would be extended from the existing water and sewer mains located within
the US Highway 93 South R/W. The site is zoned B-5 PUD and is currently within
a PUD placeholder status.
Section 27.19.020(5) of the Kalispell Zoning Ordinance requires the planning board
hold at least one work session on a proposed PUD plan prior to a public hearing.
The work session is intended for information purposes only and is a forum for the
public and planning board to hear the developer present their project in detail. No
decision will be made at this meeting. I will provide a brief presentation and
outline any major concerns city staff may have on the project.
JOHN B. DUDIS
BRUCE A. FREDRICKSON*
KEN A. KALVIG
MARSHALL MURRAY
(Retired)
Kalispell Planning Board
City of Kalispell
201 1st Avenue East
Kalispell, MT 59901
LVIG & LE UC, P.C.
ATTORNEYS AT LAW
Southfield Tower
1830 3rd Avenue East, Suite 301
Kalispell, MT 59901
June 3, 2013
Our Client: Montana Venture Partners, LLC
File #: 084.006
Re: Gardner/VW 2-Lot PUD Zoning Application
Dear Members of the Planning Board:
P.O. Box 1678
KALISPELL, MT 59903
PHONE: 406-257-6001
FAX: 406-257-6082
ALL ATTORNEYs.LICENSED IN MT
ALSO LICENSED IN NORTH DAKOTA
Via Hand Deliver
On behalf of my client, Montana Venture Partners, LLC, I am writing to express the
Gardner/Fred's Two Lot PUD application being reviewed by the Kalispell Planning Board does
not comply with the Kalispell Zoning Regulations in place for planned unit developments (PUDs)
for many of the same reasons expressed by my client in connection with your and the City
Council's recent review and approval of the Gardner/VW 2-Lot PUD application. Among other
problems with both applications, this most recent application is the next example of how the City
is allowing PUDs to be submitted, and presumably approved, in a piecemeal and disjointed
fashion, rather than as a single, comprehensive plan that satisfies the concepts and requirements of
comprehensive, integrated, and phased planning, which is what your regulations provide for and
rJ1SChha.o been the basis Of PUDs in Kalispell for a decade Or more. My client refers you to and
urges you to consider all comments made and information provided earlier on March 12, 2013 and
April 15, 2013 to the Planning Board and City Council, respectively and such is hereby
incorporated by reference.
Thank you for your consideration.
Sincerely,
Ken A. Kalvig
ken@lcalviglaw.com
cc: Montana Venture Partners, LLC
HW\Montana Venture Partners\Gardner PUMCorrespondence\2013-6-3 Kalispell Planning Board.doe
May 6th, 2013
Tom Jentz
City of Kalispell Planning Department
201 1" Avenue East,
Kalispell, MT 59901
Re: Gardner/Fred's Two Lot PUD application
Lot I and lot 2 of the Mergenthaler Subdivision COS #6629
within NWI /4 of the SW 1 /4 of Section 28, T 28 N, R 21 W, P.M.,M., Flathead County
Dear Mr. Jentz:
Formal review of the enclosed materials is requested to apply the Planned Unit Development (PUD)
implementation where currently a PUD placeholder exists. Submitted for your review is the following plans/
supporting of proposed and conceptual improvements of the above mentioned platted properties:
Thank you for your preliminary impressions and constructive comments addressing your concerns regarding
this project. Though much of the enclosed materials show improvements outside the PUD in review, a
cohesive depiction of all the property owned by the Gardner's is shown. Russell C. Page Architects have
developed the site plan, floor plan, and exterior elevations of the proposed Fred's Appliance Store which we
have included in this submittal. Following on the heels of the previous Two Lot PUD submitted by Gardner
Investments LLC, this PUD as submitted will act as a positive catalyst for the quality commercial and similar
development intended for the entire area.
1) Updated Completed Application Form and questionaire (10 copies) W/ review fee of $1,671
2) Lots 1 and 2 Enlarged Layout Plan (10 copies)
3) Future Development Conceptual Layout Plan (10 copies)
4) PUD application document with associated responses (10 copies)
5) supplemental background information (10 copies)
• COS's of subject property and adjoining property
• General parcel data
• Fred's Appliance: Site Plan, Floor Plan, Building Elevations
6) Flathead County GIS nearby property ownership list (1 copy)
Please review and comment to me at your earliest convenience. Please feel free to contact Marc Liechti in my
office for additional copies and or additional requests for more information for this project.
Sincerely,
Kim T. Larson
APEC, Inc.
Enclosures as noted above
Cc: Todd Gardner
Project File
Civil APEC. Inc. Structural
I I I Legend Trail, Kalispell, MT 59901 Tel 406,755.1333 Fax 406.755.1310 www.APEC-MT.com
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PUNNING FOP, niE FUIURE MONTANA
Planning Department
201 lst Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kaUspeU.com/plannin
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME _GARDNER/FRED'S Two Lot PUD
1. NAME OF APPLICANT: —Gardner Investments LLC (owner)
2. MAIL ADDRESS: P.O.Box 958
3. CITY/STATE/ZIP: Kalispell, Mt 59903 PHONE:
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4. NAME: N.A.
5. MAIL ADDRESS: N.A.
6. CITY/STATE/ZIP: ,_N.A._ ____ __. PHONE:
7. TECHNICAL ASSISTANCE: _ APEC Engineering Inc.____.
8. MAIL ADDRESS: 111 Legend Trail
9. CITY/STATE/ZIP:. KALISPELL, MT, 59901 PHONE: 406 755 1333
If there are others who should be notified during the review process, please list those.
Chrck One:
X. Initial PUD proposal
Amendment to an existing PUD
A. Property Address: (Not Yet Assigned), Kalispell, MT
B. Total Area of Property. _ _ 4.713 acres _
C. Legal description including section, township & range: Northwest , of the
Southwest ''/a of Section 28, Township 28 North, Range 21 West, P.M., M.. Flathead
County, Montana, __
D. The present zoning of the above property is: _ B-5/ PUD Placeholder
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E. Please provide the following information in a narrative format with supporting
drawings or other format as needed:
a. An overall description of the goals and objectives for the development of
the project.
Site development of the two lot Planned Unit Development (PUD) as
proposed are tract land properties adjacent to Highway 93 and
United Drive located at the southerly gateway to the Kalispell
�._ Y g Y P
community, see attached CP-1. The two tracts of land are ideally
F suited to attract commercial entrepreneurial investment that
I complies with current zoning and perpetuates high quality design
and architectural standards within the area.
This PUD will continue the momentum achieved by establishing the
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attractive Volkswagen dealership to the north and help act as a
catalyst for the entire area as represented by the Future
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Development Conceptual Layout Plan, see attached CP-2. The new
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Fred's Appliance store will continue the tone for future commercial
or similar related business development within the area and
compliment the current business development to the north.
€
Pending demand, it is likely new commercial subdivision with
Planned Unit Development designation will be submitted thereto the
City of Kalispell Planning Department for review and consideration.
._s
At this point future lot size and subsequent layout with provided
amenities are heavily dependent on future interested parties.
}
The development potential for coherent mixed -use commercial
properties of significant size and broad in nature will allow for
numerous future site development opportunities given the
neighboring property usage of businesses such as radio stations,
auction facilities, equipment dealerships, and transfer and storage
facilities. It is the owner's intent, as the overall area is developed,
to provide additional access road(s) through the area as required to
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facilitate vehicular traffic in a manner which minimizes impacts on
Hwy. 93.
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Further development of nearby property will be desired though it
will be clear that the two -lot PUD as submitted is independent from
further required area development.
b. In cases where the development will be executed in increments, a
r schedule showing the time within phase will be completed.
Area developed as shown on lot 1 supporting the Fred's Appliance
store will be undertaken once site and architectural plans are
further developed and approved by the City of Kalispell. Further
development of lot 2, beyond what is currently shown on lot 1 will
occur once a supporting or similar business can be pursued. A
-, defined timeframe to complete build out of the parcel cannot be
developed at this time.
2
The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
The plan as proposed herein of a retail sales facility meets B5
zoning as defined by the City of Kalispell zoning regulations.
Future development plans of the properties may require a deviation
within the zoning regulations. At this time one is not required.
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms
of the land use, densities and dwelling types proposed in the plan;
Open space will be inherently needed for landscaping requirements,
storm drainage detention and infiltration of storm water to the site
as commercial facilities and parking is required. As farther
development of the area is sought each site will develop and
maintain bioswale and similar overland storage type drainage
facilities as written and required by the City of Kalispell Standards
for Design and Construction.
e. The manner in which services will be provided such as water, sewer,
storm water management, schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities.
Existing public sewer serves both lots. City water will be extended
as required to serve the two lots. It should be noted that the public
water and sewer facilities will be sized for the conceptual
development as shown therein for an array of development
possibilities and not just the Two Lot PUD. Storm water
management will be designed in coordination with the City of
Kalispell Public Works.
Access for PUD parcels in review will be on their south boundary via
United Drive which has an existing access to Hwy 93. Approach
locations will be coordinated with the Kalispell Public Works Dept..
Future development plans, in accordance with the guidelines
outlined by the Kalispell Growth Policy for the Hwy. 93 South
Corridor, may include frontage roads, etc. but would need to be
agreed upon as the parcels in question are developed.
Pedestrian access will be along Highway 93 via a proposed 10'
asphalt bike path and along United Drive via a concrete sidewalk.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established.
The proposed development fits within the B5 zoning regulations.
The commercial or similar related business development concept
master planned for the area will augment the neighboring property
usage of businesses such as radio stations, auction facilities,
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equipment dealerships, and transfer and storage facilities and will
likely excite further aligned interests for further development.
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
The current proposal herein requests development requests that
comply with current zoning of the property. Again, the new Fred's
Appliance store as well as the proposal of commercial or similar
related business development concept master planned for the area
will augment the neighboring property usage of businesses such as
radio stations, auction facilities, equipment dealerships, and
transfer and storage facilities will help maintain uniformity within
the area.
h. Where there are more intensive uses or incompatible uses planned
within the project or on the project boundaries, how with the impacts of
those uses be mitigated.
Property development on the parcels proposed herein is of lot
development that complies with current zoning regulations though
flexibility with said regulations may be requested while under the
PUD development. As stated above the continuation of commercial
development is anticipated whereby the uses are likely not
significantly outside the zoning classification of B5.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
Development within the south Kalispell business or industrial area
under a planned unit development approach allows for continued
review by the City of Kalispell Planning staff. This inherently
provides the city with oversight that will help guide development
potential within the area.
Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(1). Total acreage and present zoning classifications; 4.71
acres/B5
(2). Zoning classification of all adjoining properties; B5-
unzoned by city - (county property)
(3). Density in dwelling units per gross acre; n/a
(4). Location, size height and number of stories for buildings
and uses proposed for buildings; commercial in nature,
multiple stories possible,
(5). Layout and dimensions of streets, parking areas,
pedestrian walkways and surfacing; see attached for PUD
as included herein and future PUD of adjoining
properties. Extensions of pathways are planned on
public right of way for each developed adjacent to
roadway improvement.
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(6). Vehicle, emergency and pedestrian access, traffic
circulation and control; As proposed the 2 lot PUD
includes access to United Drive. This does not preclude
future potential access to roadways which may be
constructed in the future, as approved by the city at
that time. Access from United Drive to Hwy 93 will be
coordinated with MDT.
(7) . Location, size, height, color and materials of signs; The
exact nature of signage proposed is not yet known, but
will be held to the standards required by the Kalispell
Zoning Stds and reviewed by the Kalispell Architectural
Review Bd..
(8). Location and height of fencing and/or screening; none
planned at this point.
(9). Location and type of landscaping; see plan for developed
lot. Mostly grass, trees and bioswale compatible
grasses. Landscaping within Highway 93 and Flathead
County rights of way are to be approved by the
appropriate reviewing authority.
(10). Location and type of open space and common areas;
Considerable open space/landscaping will be
incorporated into the storm drainage overland filtration
area.
(11). Proposed maintenance of common areas and open space;
Open space within the lot and adjacent thereto which
included county/mdot right of way will be maintained
by the adjacent parcel owners.
(12). Property boundary locations and setback lines; noted on
plans, no deviations are requested.
(13). Special design standards, materials and / or colors;
Fred's Appliance:
Body of building is split -face CMU (light brown w/ dark
brown accent banding), E.F.I.S. (tan) at entry element.
Glass window walls w/ dark bronze aluminum framing.
Red "Fred's Appliance" logo on building face. This will
be required to go thru the city architectural review
process.
(14). Proposed schedule of completions and phasing of the
development, if applicable; not applicable, no subdivision
of land required within this submittal, as commercial
business is attracted to these properties requested site
development plans will be submitted to ensure
compliance.
(15). Covenants, conditions and restrictions; not applicable
(16). Any other information that may be deemed relevant and
appropriate to allow for adequate review.
If the PUD involves the division of land for the purpose of conveyance, a preliminary
plat shall be prepared in accordance with the requirements of the subdivision
regulations.
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Please note that the approved final plan, together with the conditions and restrictions
imposed, shall constitute the zoning for the district. No building permit shall be
issued for any structure within the district unless such structure conforms to the
provisions of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Kalispell Planning staff to be present on the
property for routine monitoring and inspection during review process.
(Applicant Signature)
6
(Date)
rl
`J Gardner/Fred's Two Lot PUD Application
PUD Application
for
Gardner/Fred's Two Lot PUD
Including development within of
FREWS APPLIANCE
City of Kalispell, Flathead County, Montana
A formal review of the application herein is requested for the formal PUD assertion of the
below mentioned two lots currently held within a placeholder PUD as adopted by City Council.
The properties in question are as described herein and shown on the supporting draft site
design documents attached.
The property: Lots 1 and 2 of the Mergenthaler Subdivision as referred to in COS # 6629
located in the NW1/4 of the SW1/4 of Section 28, Township 28 North, Range 21 West, P.M.,M.,
Flathead County, Montana.
The PUD application herein includes the proposed preliminary layout for development of Lot 1
2
with conceptual layout of Lot 2 of the above described property.
This application for a PUD was prepared on behalf of Gardner Investments, LLC; please use the
-, mailing address of PO Box 958 Kalispell, MT 59903.
,f
APEC Inc. the technical representative is requesting review and comment on PUD development
implementation within PUD placeholder city annexed property of tract properties near the
intersection of United Drive and Highway 93.
Page 1 of 6
1
Gardner/Fred's Two Lot PUD Application
Italicized text is verbatim from City of Kalispell zoning ordinance, answers follow text in
addition to completing the formal application. All supplemental information and project
layouts are included as appendixes.
PUD Application Materials. The full PUD application submittal shall contain the following
information in the form ofan overall PUD development plan and supporting text:
(a) A listing of each deviation or class gf deviation from the underlying zoning district and a
justification of`the appropriateness for the deviation;
N/A
(b) A listing of each deviation or class of deviation from the city subdivision regulations
design standards and a fuslifrcation gf the appropriateness fir the deviation;
N/A
(c) An existing topo map shoeing existing building and, features and a proposed topo map
showing proposed topography using one tofive foot intervals drawn to a scale not less than
one inch equals 200 feet showing all proposed streets, lots, buildings, open space, wetlands.
floodplain, environmental hazards, storm water facilities and other elements basic to the
development, -
Both are attached and shown as 1 foot contour intervals.
(d) Proposed locations, areas, densities and types gfresidential and nonresidential uses and
structures 1. ithin the area proposed to be developed and maximum height of buildings or
structure,
See noted plans, Commercial usage as shown.
(e) Proposed plans for handling.
y 1. Vehicular traffic;
L Vehicular traffic is routed to the south on to United Drive which exits onto Hwy 93 to the
west via a previously constructed highway approach intended for this property and other
existing properties to the south.
No detailed vehicle impact studies were conducted for the major roadways adjacent to
this site though the Highway 93 South Corridor Growth Policy Amendment was
` reviewed and incorporated within the plans where possible.
L ' 2. Pedestrian trafc routes & trails including safe roules to school;
3 Significant pedestrian traffic is not expected at this time though sidewalks, bike path will
be extended as improvements along the Highway 93 and United Drive are completed. A
10' wide asphalt bike path from the intersection of Highway 93/United Drive will be
t extended northward. A concrete sidewalk per City standards will be provided along
United Drive. Plans for these will be reviewed by applicable MDOT and City personnel
to contribute feedback whereby construction plans will be provided following site plan
review and approval as each parcel is developed.
i
Page 2 of 6
Gardner/Fred's Two Lot PUD Application
t 3. Sewage disposal: conceptual storm water drainage and water supply:
See attached for draft version of the related infrastructure improvements plan. Final
design, plans, and specifications are expected for extensions of the water main and the
construction of a sewage lift station(s) as required.
4. Parks and open space;
tj Landscaping buffers are utilized throughout the site plan as shown herein in basic layout
fashion, future details will be completed. Improvements and continued maintenance of
-, the bioswale water treatment/storage/infiltration areas will be completed to help ensure
I those needs are met while providing vegetative aesthetic appeal and lot coverage
diversity.
5. Parking;
Ample parking for customers and employees will be provided as shown on the site plan.
6. Prominent landscaping, buffering, site perimeter and entrance treatment features;
A significant landscape buffer will be created by improving the planned bioswale and
boundary buffer.
7. Club houses, sales offices;
N/A
& Retainins,, wall work in excess o f 3, feet in height;
No new retaining walls will be constructed that exceed 3 feet in height.
9. Common fencing designs and locations where proposed;
Lot 1 will not contain fences. Development of Lot 2 may include fence although at this
time no plans exist for the lot.
10. Commercial, directional and entrance signage;
Signage will be constructed in conformance with City of Kalispell sign requirements. At
this time a tree -standing or ground sign is planned for the Fred's Appliance store, as well
as wall mounted signage. Appropriate entrance/exit signage will be utilized to improve
i_
circulation within.
r-, 11. Street lighting anti parking lot lighting where applicable;
Site lighting will be designed in conformance with City of Kalispell standards.
Photometric lighting data will be submitted to the City for review and approval.
12. Any other pertinent site development.features.
The anticipated future development within the 2 lot PUD area is expected to be
commercial or similar related business development. As proposals for development of
the tracts become available more details will be provided to the City of Kalispell for
review and approval.
(fj Elevation drawings which demonstrate visually the general architectural features of each
proposed building or architecturally distinct group or type of buildings and the site perimeter
Page 3 of 6
z;
Gardner/Fred's Two Lot PUD Application
treatment. Note This maybe waived by the ZoningAdrninisirator on a case specific
situation for uses listed below which may include but are not limited to:
See attached architectural drawings.
1. Single family detached housing when the lots equal or exceed the minimum lot si-v
of the underlying zone; and
NIA
2. Two unit townhouse or duplex development wwhich is alley loaded and the lots
equal or exceed the minimum lot size of the underlying zone,
N/A
(g) The PUD plan shall show the boundary lines of adjacent subdivided or un-subdivided
land and the existing zoning of the area proposed,for the PUD overlay;
The attached plan shows the property as the Flathead County Clerk and Recorder records
describe the property.
(h) A timeline expressing the order in which the development shall occur and estimated time
for completing key components or phases;
An estimated timeline of roughly 1 '/2 years to design, approve and construct the VW
dealership located on the north half of tract l F. Options will be weighed and future
development of an independent business on the south half of the tract will be considered.
Tract 1 will remain undeveloped for an undefined period of time; future development will
be encouraged by the owners of the property. Future development will include site
review as required.
(i) Adequate provision for a homeowners association or other public or private management
organization to provide for the operation and maintenance of all private (non -governmental)
common facilities including any private streets or alley ways, homeowners parks, club
houses, sales ojflces, open space. trails, recreational facilities and amenities, shared parking
facilities, private lighting systems, subdivision entrance signage and common mail
receptacles;
i ; The two parcels are planned to act independent entities at this time. As future roads or
f highway access points develop to the north and east of these tracts, in order to better
4 serve the development potential for the entire area. additional agreements will be required
C J and will be addressed at that time.
(j) Adequate provisions shall be made for mainternrnce of all public common facilities (e.g. a
trail or park) which acre developed on public land, but intended to be maintained by a private
organization or homeowners association;
Off site lot improvements will be approved by Montana Department of Transportation
and Kalispell Public Works. Each entity will likely review roadway approach and right
of way improvements including the sidewalk and or trails along the properties.
1 LJ J Improvement of ingress/egress and landscaping within the land adjacent to Highway 93
and United Drive will be completed to beautify and promote access near the properties.
All adjacent to highway and United Drive landscaping will be maintained by the property
i
owner adjacent thereto.
Page 4 of 6
4
Gardner/Fred's Two Lot PUD Application
(k) Where a PUD also involves a subdivision of land it shall also meet the application
requirements of the Kalispell Subdivision Regulations and the Montana Subdivision and
Platting Act at the time the preliminmy plat is submitted,-
N/A- No subdivision is requested at this time or needed for these parcels as submitted.
(1) For multi phase projects to be developed over a long period of time or where project
components are proposed which may not be built for• many years;
,. 1. The first phase of development Hurst comply with the full application process
outlined above.
L .' Development of the Fred's Appliance store will be as outlined within, details
surrounding future developments will be included in subsequent submittals once
developers are identified and plans can be generated.
r .} 2. Each phase of a multi -phase PUD must be able to be free standing.
This improvement will be free standing and independent of reliance on future
developments in the area.
3. Each phase of a PUD shall not exceed the density provisions of the underlying
zone as limited by the PUD. Where a phase is proposed that complies with the
overall PUD plan but the actual density of'the particular phase may exceed the
average density allowed by the underlying zone and PUD agreement, the applicant
shall either provide the necessary corresponding open space or park facilities or
suitably bond for them fnr development in a latter phase.
No density deviations are requested. Each developed area will have open space as
required by zoning: regulations whereby no tract will exceed density requirements.
1. Futzu-e phase or major development components may show conceplual street
designs, proposed park and open .space areas, trail concepts, proposed residential
density, housing types (single.family, townhouse, apartment, etc.) and commercial
{ areas versus detailed lot, block, street and park development and building designs.
Based on a finding and associated conditions placed on the PUD at time of approval.
the applicant may be required to provide more specific information prior to
t development of succeeding phases based on one of the following processes: (Note.
LA The planning staff, Planning Board or council, at their discretion, may also request
,ry
additional or more complete information relative to the, future phases or components
prior to recommending or granting initial PUD approval).
- a. A finding that the outstanding items are significant and therefore.future
phases or components should, follow the fudl PUD application process;
b. A finding that the outstanding items are generally minor and therefore
future phases or components should be reviewed under the conditional use
permit process; or
c. A, finding that the outstanding issues are insignificant and therefore future
phases or components should be subject to administrative review by the
Kalispell Site Review Committee; or
d. A combination of the above provisions.
Page 5 of 6
x
Gardner/Fred's Two Lot PUD Application
r
(m) Any other information, plans and details which the city stq#,' Planning Board and/or City
Council may request to fully evahiate the development proposal and its impacts.
Page 6 of 6
1119 - ; Pwism. GARDNER/FRED'S - TWO LOT PUD
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VICINITY MAP SCALE 1" = 300'
GARDNER INVESTMENTS/FRED'S APPLIANCES
REQUEST FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A RETAIL
APPLIANCE BUSINESS LOCATED JUST NORTH OF THE INTERSECTION OF
UNITED DRIVE AND US HIGHWAY 93 SOUTH. THE PROPERTY IS ZONED
B-5/PLANNED UNIT DEVELOPMENT.
PLAYT ARTS 6/8/13
FILE # KP UD -13 - 0 2
H:�eie\eite�kpudl3_02 Gardner Tnvestaoante.dwg