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2. Ordinance 1486 - Spring Prairie/Section 36 PUD Amendment - 2nd ReadingTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(keenturytel. net REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director Chris A. Kukulski, City Manager SUBJECT Proposed Amendments to Spring Prairie PUD MEETING DATE: December 15, 2003 council meeting BACKGROUND: Goldberg Properties, Inc. are requesting 5 major amendments to the Spring Prairie PUD agreement to accommodate their proposed 29-lot commercial development called Spring Prairie Center to be located on the northeast corner of Section 36. Section 5.01 of the PUD agreement states that all proposed amendments to the PUD agreement are to be submitted to the Kalispell Site Review Committee. Any changes of significance (major) are to be forwarded directly to the City Council for action. The five changes before you for final action include allowing up to 3 accesses instead of 2 onto US 93, allowing the maximum budding height to be set at 45 feet with a provision for a conditional use permit for anything higher, modifying the signage requirements to incorporate existing city standards, allowing a tiered system for building setbacks from US 93 for major anchor buildings to be 300 feet in phase 1, 225 feet in phase 2 and 150 in phase 3, and finally allowing gaming as a minor and incidental use in restaurants based on very specific design limitations. The Kalispell City Council held a public hearing and the first reading on December 1, 2003. RECOMMENDATION: A motion to approve the second reading of the ordinance would be in order. Respectfully Submitted, Thomas R. Jentz Chris A. Kukulski Director City Manager Report compiled: December 9, 2003 c: Theresa White, Kalispell City Clerk TRANSMIT\KAI.ISPEI.\2003\KPUD-03-1 SPRING PRAIRIE AMEND MM3 Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • ORDINANCE NO. 1486 AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE DEVELOPER'S AGREEMENT FOR THE PLANNED UNIT DEVELOPMENT FOR SPRING PRAIRIE CENTER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the Spring Prairie Planned Unit Development, approved on December 3, 2001, shall be, upon execution by the landowner, amended as follows: 2.01 E(I )a: General access to th6 the commercial district beginning at West Reserve Drive and ending 1/ mile south along U.S. Highway 93 shall be limited to no more than -2 3 approaches. Additional approaches south of the aforementioned area shall also be allowed as approved by the access permitting agency. New approaches onto Reserve Drive, Stillwater Road, and Four Mile Drive shall generally be limited to a minimum spacing distance of 1,300 feet or as otherwise authorized by the access permitting agency. 2.01 E(3)a: Buildings should not exceed 35 feet above the eat�tfal final grade in the Mixed Residential POD, 40 feet in the Mixed Professional POD and 40 45 feet in the Mixed Commercial POD. Such height limitation may be exceeded in the mixed commercial POD by issuance of a conditional use permit. 2.01 e(3)D&E: Ground and wall signs as limited below may be used to identify a single use lease lot or multiple uses within common lot/lease area. Ground signs shall have natural earth tones and not eeiitaiii any be fabricated primarily of exterior plastic, Plexiglas or similar components materials. The ground sign shall not may have internal lighting or sign mounted external lighting. Shielded lighting may be provided from ground - mounted fixtures directed towards the sign face. Ground signs may have a concrete or similar mounting base but in no situation shall the total height of the sign exceed 's the size and height standards for freestanding signs as specified in Table 1 of Section 27.24.080 (1d) of the Kalispell Zoning ordinance. In addition, freestanding signs shall be capped at 24 feet in total height and 120 square feet in total surface area. There shall be no more than a total of 3 free standing ground signs, one for phase one, one for phase 2 and one for phase 3. The freestanding signs shall be constructed as presented in exhibit IA and shall only advertise the name of the primary tenant of the phase and the name of the development. Allowable si5fW'5� area is subjeet to the pr-avisiens of the Kalispe44 i'ening ordinanee but, shall. net exeeed a tetiil gfetiftd sign afea ef 160 squafe feet. Wall signs may have internal lighting and shall not exceed a sign face area ef4o stet as provided in the City of Kalispell Zoning Ordinance. 2.01 E(3)i: Commercial buildings or combination of buildings on a single lease lot exceeding 50,000 sq. ft. total gross floor area (where no sub -lots have been established) shall be set back a minimum distance of 3o 0feet from U.S. Highway 93 as follows: Phase 1 — 300 feet, Phase 2 — 225 feet and Phase 3 —150 feet. 2.02B B The mixed Commercial POD is limited to the following permitted uses; l 5) Restaurant (deli, bakery, fast food, sit -dawn, beverage shop, drive through, etc) and incidental casino use. Incidental casino use. Incidental casino use is limited to 5% of the gross floor space of a fully bonifide, freestanding restaurant facility (as opposed to a gas station —restaurant - casino arrangement for example). The casing floor plan must be visually separate from the primary use of the building as a restaurant. There can be no outside indication of a casino or gaming activity including signage in a window, on the building or the premise and no excessive lighting or attraction to indicate such a use. This includes but not limited to reference to words or symbols associated with the gaming industry such as gambling, gaming, poker, chance, casino, live betting, daily take or pot, card game, dice, $, etc. 20) Other uses which are so like the listed uses in purpose, function, character and effect to be substantially similar to the listed uses. (Excluding those otherwise conditioned or prohibited by this PUD agreement). SECTION II. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 15TH DAY OF DECEMBER, 2003, Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk