E. Public Hearing - DNRC Planned Unit DevelopmentTri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Public Hearing on PUD Zoning - DNRC Section 36
MEETING DATE: October 15, 2001
BACKGROUND: At their October 1, 2001 regular meeting the Kalispell City Council
passed a resolution to set a public hearing for October 15, 2001 to consider the
proposed Planned Unit Development for the Montana Department of Natural
Resources (DNRC) Section 36 property. The Montana Department of Natural
Resources and Conservation (DNRC) has requested annexation into the City of
Kalispell and an initial zoning designation of B-5, Commercial / Industrial, R-5,
Residential / Professional Office, and R-4, Residential, with a Planned Unit
Development (PUD), overlay on approximately 454.4 acres otherwise known as
Section 36. The PUD addresses the development of four land use areas identified on
the section of land which are designated as a specific development pod. A Mixed
Commercial POD is identified on the area adjacent to US Hwy 93 between the Hwy 93
Bypass alignment and the center section line that contains approximately 118 acres.
A Mixed Professional POD is identified for the area located in the north half of the
section, north and west of the US Hwy 93 Bypass alignment which contains
approximately 184 acres. A Mixed Residential POD is proposed for the area in the
southwest quarter of the section which contains approximately 152 acres. The Youth
Athletic Complex generally occupies the southeast quarter of the section and was
previously annexed into the city of Kalispell during its initial development phase. The
property proposed for annexation contains a total of 454.4 acres.
The Kalispell Zoning Ordinance requires a public hearing before the planning board
and the city council as part of the PUD process. The Kalispell City -County Planning
Board held a public hearing at their regular meeting of September 11, 2001. A motion
passed on a vote of six in favor and two opposed to forward a recommendation that
initial zoning for this property should be the proposed zoning with a PUD overlay.
The zoning ordinances states that the city council has 60 days after receiving the
recommendation from the planning board to hold a public hearing on the PUD which
has been scheduled for October 15, 2001. A draft development agreement, which is
part of the PUD, will be available for public review prior to the public hearing. At the
November 5, 2001 regular council meeting, the council will consider adoption of the
first reading of the ordinance adopting the zoning and the PUD overlay for the project.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
DNRC Annexation and Initial Zoning
October 10, 2001
Page 2
RECOMMENDATION: Hold a public hearing on the PUD proposal and consider
public comments. No formal action is required by the council.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Arda A. Wilsolf Chris A. Kukulski
Senior Planner City Manager
Report compiled: October 10, 2001
c: Theresa White, Kalispell City Clerk
_`
6"4116milkik
PLANNED UNIT DEVELOPMENT AGREEMENT
PARTIES AND PURPOSE: This Agreement made and entered into this _ day
Of , 2001 is by and between State of Montana Department of Natural Resources
& Conservation (hereinafter "DNRC"), with its office and principal place of business located
at 2250 Highway 93 North; and the City of Kalispell, a municipal corporation (hereinafter
"City"), with its office and principal place of business located at 312 - 1st Avenue East,
Kalispell, Montana 59901:
WITNESSETH:
WHEREAS, The State of Montana Department of Natural Resources &
Conservation is the owner of certain real property located in Flathead County, Montana,
which is further described in Exhibit "A" attached hereto and made a part hereof, and which
hereinafter is referred to as the "Subject Property"; and,
WHEREAS, The Subject Property is subject to a request for annexation and initial
zoning; and,
WHEREAS, DNRC is desirous of applying a Planned Unit Development (PUD)
overlay to city zoning classifications; and,
WHEREAS, In order to allow the PUD, assure the installation of Infrastructure within
the "Subject Property", permit connections to the CITY utility systems, and prescribe the
permitted uses within the requested zoning areas, the parties hereto determine it is to be
in their best interests to enter into this Planned Unit Development Agreement; and,
WHEREAS, (i) Use and development of the property is subject to the provisions of
the Section 36 Neighborhood Plan, jointly adopted by the City of Kalispell and Board of
County Commissioners in 1999; (ii) the adopted plan is further subject to an environmental
impact statement performed under the Montana Environmental Policy Act; (iii) and further
subject to the Record Of Decision (ROD) which establishes additional parameters to
development and (iv) a Memorandum Of Understanding (MOU) establishes policy for
taxation, local review of projects, and other development considerations; and,
WHEREAS, DNRC is requesting annexation of the property into the City of Kalispell
with City of Kalispell Zoning classifications of B-5 to be applied to the Mixed Commercial
POD, R-5 to the Mixed Professional POD, and R-4 to the Mixed Residential POD; and,
WHEREAS, It is desirous by DNRC to further restrict the allowances of these City
of Kalispell Zoning classifications to the property and to provide additional standards for
development consistent with the Plan (dew :-4.4 by applying a PUD overlay
to the underlying zoning classifications.
I. DEFINITIONS
1.01 Agreement shall mean this Planned Unit Development Agreement between DNRC,
and CITY.
1.02 Building Department shall mean the Building Department of the City of Kalispell.
1.03 CITY shall mean the City of Kalispell, Montana.
1.04 City Council shall mean the City Council of the City of Kalispell, Montana.
1.05 Developer shall mean iiiiiii4DISIRC, its agents, designees and assigns.
1.06 Director of Public Works shall mean the Director of Public Works of the City of
Kalispell, Montana.
1.07 Easement(s) means the Easement(s) described in §3.04 of this Agreement.
1.08 Section 36 Plan means thebtrt4d plan approved by the City of
Kalispell and Board of Flathead County Commissioners and as amended by the Record
of Decision issued by DNRC on August 11 , 2001, all pertaining to the School Trust Lands
located in Section 36, T29N-R22W, Flathead County Montana.
1.09 Mixed Commercial means that portion of the Subject Property generally lying in the
NE% of Section 36 and as more particularly described in Exhibit B.
1.10 Mixed Professional means that portion of the Subject Property lying generally in the
NW % of Section 36 and as more particularly described in Exhibit C.
1.11 Mixed Residential means that portion of the Subject Property lying generally in the
SW%of Section 36 and as more particularly described in Exhibit D.
1.12 Sports Fields means that portion of the property generally located in the SE % of
Section 36 and already zoned P-1 and previously annexed into the City of Kalispell.
1.13 Subject Property or Subject Area means the real property described in Exhibit A.
1.14 Memorandum of Understanding means a 3-party agreement entered into by
DNRC, City of Kalispell, and Board of Flathead County Commissioners dated April 19,
2001.
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1.15 Final Environmental Impact Statement means a document released as a Final
Environmental Impact Statement (FEIS) by DNRC on July 26, 2001 relative to proposed
actions associated with school trust lands located in Section 36, Township 29 N, Range
22 W, P.M.M., Flathead County Montana.
1.16 Record of Decision means a decision document issued by DNRC on August 11,
2001, that identifies selective alternatives related to a land use plan for Section 36 and a
proposal to lease land in section 36 to construct a business and technology park.
1.17 Substantial Completion shall mean that substantially all of the work to be
performed in the development shall have been performed and the Infrastructure
constructed in each Phase are usable for their intended purposes, as certified by the
Director of Public Works and the Building Department, which certification shall not be
unreasonably withheld or delayed.
1.18 Infrastructure means all water, sewer and storm drainage systems that will be
dedicated to the public and have been installed in accordance with the Montana Public
Works Standard Specifications and the City of Kalispell Standards for Design and
Construction. In addition, Infrastructure shall include roads that are designed and
constructed in accordance with the Montana Public Works Standards for Design and
Construction. Said Infrastructure shall consist of various public utilities and dedicated
streets. The Infrastructure required to serve developed facilities and to provide connection
to future phases of development will be identified concurrent with subdivision review.
Notwithstanding any of the foregoing, excluded from these terms are: building construction;
parking lot paving; final landscaping in and around the buildings and parking lot(s);
lighting; signage; and the service lines to each building.
1.19 Section 36 means land owned by the State of Montana as School Trust Lands
(Section 36, T 29 N, R 22 W, P.M.M., Flathead County Montana) and administered by the
DNRC and as more precisely described by Exhibit A.
1 .20 School Trust Lands mean lands granted to the state of Montana by the Enabling
Act of February 22,1889 (and subsequent acts) for support of the common schools.
1.21 DNRC means State of Montana/Department of Natural Resources and Conservation.
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II. GENERAL DEVELOPMENT AND USE OF THE SUBJECT PROPERTY
2.01 Development Overview
(A) Subject to the other provisions of this Agreement, any use/development of the
Subject Property occurring after the effective date of this Agreement shall substantially
conform to and comply with the provisions of the PUD Kalispell Zoning of Section 36 and
this Agreement with the documents and drawings annexed hereto.
(B) It is agreed between the parties, that the development of the Subject Property
will include the following:
(1)
(2)
(3)
(4)
(5)
A land use map, which identifies three land
proposed alignment of internal collector roa
phases as development occurs (Exhibit E);
A list of permitted uses associated with each
use pods and a
ds to be built in
land use pod;
Annexation of the Subject property into the city limits of
Kalispell;
(6) Extension of city water and sewer services by
DNRC a kAiMM to serve the developed facilities of the
Subject Property;
(7) Adherence to the Memorandum of Understanding jointly
approved by the City of Kalispell, Flathead County, and
DNRC; and
(8) Compliance with the PUD zoning regulations and City of
Kalispell Subdivision regulations.
(C) Development themes for each Land Use POD being annexed into the City of
Kalispell are as follows:
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characterized by substantial outdoor storage and display of
products, such as car lots and equipment and trailer sales are
specifically excluded. Also specifically excluded as permitted
uses are gaming/gambling establishments of any kind,
including casinos. The range of permitted uses is intended to
permit a variety of uses associated with the retail, professional
services, or technology industries but does not necessarily
limit or restrict opportunities for continued agricultural
operations or practices However, technology uses are given
pnonty considerationM.
(2) Mixed Professional: a district providing opportunities for
development of offices, office parks, and compatible uses in a
fashion that promotes clustering of uses and architectural
control, including but not limited to all uses set forth in
Kalispell Zoning Ordinance Classification R-5 and as
otherwise modified by this Agreement. The phasing limitations
anticipated by the Section 36 Neighborhood Plan would be
modified to encourage development of schools and a resource
agency office park in this POD.Ohl
(3) Mixed Residential: a district providing opportunities for
development of residential uses, offices, and other compatible
uses in a fashion that promotes clustering of uses and
architectural control, including but not limited to all uses set
forth in Kalispell Zoning Ordinance Classification R-4 and as
otherwise modified by this Agreement. A land exchange
process will be encouraged to facilitate opportunities for
private ownership and development of this POD. The phasing
limitations anticipated by the Section 36 Neighborhood Plan
would be modified to encourage development of schools in this
PODSO
(D) The creation of individual lots (or lease lots) will be subject to subdivision
review concurrent with specific project proposals. Subdivision approval will verify
compliance with the provisions of the PUD Agreement and covenants and identify
Infrastructure improvements shall #00§WM§M
the needs of future development within each POD, such as planning for road,
water, and sewer extensions beyond the immediate project area.
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(E) General performance standards applicable to the Subject Property are as
follows:
(1) Transportation and Parking
a. General access to this district from U.S. Highway 93
shall be limited to no more than 2 approaches. 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;
b. All uses shall have direct access from the internal
road system. No direct access to a particular use shall be
permitted from the Highway or the other perimeter public roads
as listed in la, above;
c. The collector road system shall be as generally
shown by Exhibit E and as more precisely aligned by
subsequent engineering analysis, use patterns, and
subdivision review;
d. All roadway improvements shall be built in
accordance with city of Kalispell road design standards;
e. Roadway design shall
f. Lighting shall be shielded and directed downward;
and,
g. Parking space requirements and general parking lot
design shall be guided by the parking and loading provisions
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(2) Landscaping
a. Landscaping, to include lawn, shrubs, trees, and/or
rock gardens, shall comprise all open spaces within the
boundaries of the parent lease lot. Parking lots may extend to
within 5 feet of any lot/lease lot boundary.
ii- i , j .
b. Buildings : j; I
shall besetbackaminimumof20feet
from the side, front, and rear of the parent (not
sublots) lot/lease lines.
c. Parking lots serving multiple businesses where the
area for parking spaces exceeds a lineal length or width of 270
feet shall include internal landscape islands having minimum
dimensions of 9 feet by 18 feet at a ratio of I island for every
15 continuous parking spaces when such spaces are located
internal to the parking lot (not abutting the perimeter boundary
to the parking lot or store front);
d. A landscape boulevard having a minimum width of
4 feet shall parallel both sides of the collector roads shown on
the neighborhood plan map. Street trees acceptable to the City
of Kalispell shall be planted at 40 to 50 foot intervals as
appropriate.
a. Sidewalks or pathways shall connect developed
properties to the roadside sidewalks (see 1 a, above);
f. All landscaped areas shall be irrigated and routinely
maintained v r"'I and
g. An irrigated landscape corridor of at least 20 feet in
width shall parallel the right of way of U.S. Highway 93
adjacent to the commercial POD. The corridor should include
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undulating topography and have a mix of tree plantings with a
ground cover of predominately lawn. A similar landscape
common corridor, 10 feet in width shall parallel West Reserve
Drive and be completed in phases to correspond with
development activity.
3. Building and [lease] Lot Parameters
b. Applied finishes of buildings shall be predominately
earth tone;
c. Buildings shall have an orientation towards the
internal road system;
d. Ground and wall signs may be used to identify a
single use lease lot or multiple uses within a common lot/lease
area. Ground signs shall have natural earth tones and not
contain any exterior plastic, plexiglass, or similar components.
The ground sign shall not 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 8
feet I��#��.i;�'�a�����4{urs sgf•�'tl
���r,�?r�,�ttk3s;aftt7at;ed�total ground
sign area � of160 sq ft. Wall signs may have
intemal lighting and shall not exceed a sign face area of 80 sq
e. In situations involving a commercial or office town
home, condominium or sublot design, only the parent lot is
eligible for a common ground sign. Individual uses are eligible
for a wall sign if the use has outside frontage. A common wall
sign may be appropriate to identify a building having multiple
tenants. A common signage plan that involves other types of
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building signage, such as canopy signage, may be permitted
subject to the review and approval of the City of Kalispell Site
Development Review Committee. Residential uses shall be
permitted signage as otherwise permitted by the City of
Kalispell zoning regulations. All other provisions of the
Kalispell signregulations shall apply
. < to
the restrictions set forth herein,
f. The exterior appearance of commercial buildings with
backs facing, adjacent, and visible from Highway 93 shall
contain architectural elements found on the "front' portions of
the buildings. Walls and surface planes should be broken up
in such a manner as to create a visual interest, avoiding
monotony;
g. Lease lots with single or multiple buildings shall
have sufficient area to accommodate the size of the proposed
building(s) and required on -site parking plus sufficient area for
landscaping exterior to the building and parking lot (see 2a &
2b, above);
i. Commercial buildings or combination of buildings on
a single lease lot exceeding 60,000 sq ft total gross floor area
(where no sublots have been established) shall be set back a
minimum distance of 300 feet from U.S. Highway 93.
4. Extension of Services
a. All required services shall be underground; and
b. Annexation and provision of city services shall be
subject to the approval of the City of Kalispell.
5. Growth Management
a. Development of property shall conform to the
general provisions of the neighborhood plan consistent with
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Section 27.22.120, KZO.
b. Phase I (Exhibit B) is the Mixed Commercial Pod.
i. Clustering of uses is e
to encourage sharing of roads, parking, utilities,
and common design. However, separation of
uses, such as "large" from "small' or
"commercial" from "industrial" may be
appropriate within the Commercial POD.
ii. Development design is intended to
avoid a "strip" commercial appearance with
specific exclusion of certain uses.
iii. The area of the Mixed Commercial
POD will be extended to include the entire NE'/+
of Section 36 and the extended area will be held
as a reserve area for expansion of technology
uses beyond the original POD area as described
by Exhibit B-1.
iv. That portion of the Mixed Commercial
POD lying southerly of the by-pass alignment
will offer leases primarily to business (offices)
and technology uses and compatible commercial
uses, such as small retail convenience uses
(delis, restaurants, copy shop, "wired' motel,
etc). Retail stores exceeding 10,000 square feet
per store front will not be permitted. No retail
will be permitted until at least 20,000 square feet
of non -retail space is leased and operating
within the POD.
v. Expansion of business and technology
uses into the expansion area will not be
permitted until at least 60% of the originally -
sized Mixed Commercial POD is leased for
development.
vi. If business and technology uses fait to
achieve a 40,000 square foot floor area 6sstrr
threshold within 5 years following
10
POD until at least 50% of the Mixed Commercial
POD (Exhibit B) is leased for development.
School, agency campus, and equestrian facilities
may be permitted at any time and are not subject
to the 20% calculation.
iv. That portion of the NE 1/4 of Section
36 lying within the Mixed Professional POD may
be added to the area of the Mixed Commercial
POD as described in (b) above. The amended
legal description of the Mixed Commercial POD
is described in Exhibit C-1. The infill pattern of
the Mixed Professional POD would need to
reflect this reserve area for the future expansion
of the Mixed Commercial POD.
d. Phase III is the Mixed Residential POD.
i. Clustering of uses is !
wik
to encourage sharing of roads, parking, utilities,
common design, and to prevent a scattered
development pattern within the POD.
ii. Infill of developed uses, with some
exceptions, such as schools, agricultural
facilities, and equestrian facilities, shall be from
south to north or from east to west. The "Section
36 Neighborhood Plan Map" also designates an
area along Stillwater Road that is excluded from
non-agricultural._ development until the year
2010.
schools ,rtf„�a build at any time within the
Mixed Residential POD, including the deferred
development area.
iii. Development of non-residential and
nonagricultural uses shall be restricted to no
more than 20% of this POD until at least 50% of
the Mixed Professional POD is leased for
development or 50% of this POD is occupied by
residential uses, whichever comes first. This
limitation does not apply to public facilities.
12
6. Supplementary Regulations
a. Accessory uses shall be permitted as appropriate to
a particular use and as generally set forth in Section 27.22.020
at seq, KZO. Subsections 2a and 2b of that section of the KZO
shall generally apply to residential uses within any portion of
Section 36. Subsections 2d and 2e, KZO, would apply as
appropriate to non-residential uses in any portion of Section
36.
b. The greenbelt provisions of Section 27.22.050 shall
be interpreted and applied concurrent with subdivision review.
The creation of sublots Ondu Wlw UMOM..
of
. .. . .. .. . ..
0001 may be appropriate in situations
IU�100.10 '010
e. All other provisions of the Chapter 27.22 of the City
of Kalispell Zoning Regulations shall apply.
(F) Covenants: Draft covenants are attached as Exhibit F. Prior to construction of
any building improvements or concurrent with subdivision review, final covenants shall be
completed and recorded. The City shall review the covenants for consistency with this
PUD Agreement and
40
: fi&. � the covenants as necessary to comply
eM
with the conditions of approval of the PUD.
13
2.02 Uses
(A) The uses allowed in the PUD shall be those uses generally allowed under the
following zoning classifications and as otherwise limited herein:
1) Mixed Commercial POD — Zoning Classification B-5
2) Mixed Professional POD — Zoning Classification R-5
3) Mixed Residential POD — Zoning Classification R-4
(B) The i�c O1 1..1 rca t £3i1 �►3tr�ei is limited to the following
permitted uses.
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Automobile service (fuel, wash, mechanical repair, tires, etc)
3) Barber & beauty services, massage parlor, etc
4) Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons,
educational research or incubator facilities, etc)
6) Financial services and institutions (banks, credit unions,
mortgage companies, savings & loans, etc)
7) Healthcare (medical offices/clinics, dental/orthodontic, in-
patient/outpatient facilities, pharmacies, diagnostic services
and treatment, etc)
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8) Office, professional/governmental
9) Park, private or public (may include open space, trails, passive
or developed facilities, etc)
10) Public assembly buildings (assembly halls, coliseums,
stadiums, convention center, etc)
11) Public or quasi public buildings/structures (fire/law
enforcement stations, community /homeowner facilities, water
tower, electrical distribution/stations lines, telephone relay
equipment, etc)
12) Radio/television broadcast stations, internet companies, etc
13) Recreational facilities, outdoor/indoor, private/publicorquasi-
public, commercial/non-commercial (tennis courts, bowling
alley, golf course, ice skating arenas, ball fields, swimming
pool, zoo, amusement park, community center gym,
health/fitness club, driving range, etc)
14) Research, technical, or business parks (may include indoor
assembly of parts, limited outdoor storage, product
distribution)
15) Restaurant (deli, bakery, fast food, sit-down, beverage shop,
drive -through, etc)
16) Retail facilities/enterprises (clothing, convenience, food,
sporting, book, office products, drug, computer, phone,
hardware, tire, plumbing, electrical, furniture, art, household,
gifts, mall, warehouse discount, etc)
17) Tourist accommodations (motels, hotels, bed & breakfast,
campground, recreational vehicle park, etc)
18) Veterinary services and facilities
19) Worship buildings (churches, synagogues, etc)
(C) The is limited to the following
permitted uses.
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Automobile convenience (fuel, wash, & convenience retail,
only, i.e. no mechanical service)
3) Barber & beauty services, massage parlor, etc
4) Cultural facilities (museums, theaters, libraries, etc)
5) Educational facilities (private and public schools, colleges,
universities, trade schools, music, dance, theater lessons,
educational research or incubator facilities, etc)
6) Financial services and institutions (banks, credit unions,
mortgage companies, savings & loans, etc)
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7) Food/grocery store
8) Healthcare (medical offices/clinics, dental/orthodontic, in-
patient/outpatient facilities, pharmacies, diagnostic services
and treatment, etc)
9) Office, professional/governmental
10) Park, private or public (may include open space, trails, passive
or developed facilities, etc)
11) Public or quasi public buildings/structures (fire/law
enforcement stations, community /homeowner facilities, water
tower, electrical distribution/stations lines, telephone relay
equipment, etc)
12) Radio/television broadcast stations, internet companies, etc
13) Recreational facilities, outdoor/indoor, private/public or quasi -
public, commercial/non-commercial (tennis courts, bowling
alley, golf course, ice skating arenas, ball fields, swimming
pool, zoo, amusement park, community center gym,
health/fitness club, driving range, etc)
14) Restaurant (excludes food drive -up service but permits drive -
up beverage service and take and bake establishments and
sit-down facilities)
15) Retail enterprises less than 3000 square feet in gross floor
area (excludes tavern, gaming, or casino facilities/operations)
16) Veterinary services and facilities
17) Worship buildings (churches, synagogues, etc)
1) Agriculture (farming, livestock, riding academies, stables,
horticulture, nursery, etc)
2) Educational facilities(services/facilities for pre -Kor K-1 2 only)
3) Office, professional/governmental
4) Park, private or public (may include open space, trails, passive
or developed facilities, etc)
5) Public or quasi public buildings/structures (fire/law
enforcement stations, community /homeowner facilities, water
tower, electrical distribution/stations lines, telephone relay
equipment, etc)
6) Recreational facilities (limited to non-commercial facilities)
- 16 -
7) Residential (day care or day care centers; dormitories or
fraternities (college); dwellings: single family; duplex; or multi-
family; manufactured home park (class "A' only); Nursing
homes and elder care; retirement home, etc)
8) Worship buildings (churches, synagogues, etc)
All other uses otherwise listed as permitted or conditionally permitted m the R-4
zoning classification may be considered as conditionally permitted uses zh i#hid
�ttd�ertt%�IF.
(E) Property development standards for the A d `rnmr+ IC3
relative to (1) minimum lot area, (2) minimum lot width, (3)
minimum yards, (4) maximum building height, (5) permitted lot coverage, (6)
off-street parking, and (7) maximum fence height shall be consistent with
Section 27.17.040, City of Kalispell Zoning Ordinance (KZO) unless
otherwise specified herein by the listed performance standards or by
language within the adopted neighborhood plan (see Section 27.22.120,
KZO).
(F) Property development standards for the &sd Att &��3ft t POf
frrtt relative to (1) minimum lot area, (2) minimum lot width, (3)
minimum yards, (4) maximum building height, (5) permitted lot coverage, (6)
off-street parking, and (7) maximum fence height shall be consistent with
Section 27.08.040, City of Kalispell Zoning Ordinance (KZO) unless
otherwise specified herein by the listed performance standards or by
language within the adopted neighborhood plan (see Section 27.22.120,
KZO).
(G) Property development standards for the w4iRtd€ rl P{
relative to 1 minimum lot area, 2 minimum lotwidt ,
O O
minimum yards, (4) maximum building height, (5) permitted lot coverage, (6)
off-street parking, and (7) maximum fence height shall be consistent with
Section 27.07.040, City of Kalispell Zoning Ordinance (KZO) unless
otherwise specified herein by the listed performance standards or by
language within the adopted neighborhood plan (see Section 27.22.120,
KZO).
(H) DNRC shall require all proposed uses to be subject to
architectural review. All structures shall conform to the relevant City of
Kalispell Building Department regulations. Architectural consistency between
building types within each POD is desired. [Since development of this
property is likely to expand over several decades and styles change, some
flexibility in design is desirable and expected.] The covenants establish
17 -
architectural review authority for all proposed uses.
1) Landscape features are an important component of the
developed properties. Landscaping is intended to complement
the travel ways, parking lots, buildings, lots, and common
areas ( see 2.01 E (1), (2), and (3) of this Agreement).
2) Landscape materials shall be comprised of ornamental and
native plant species common to the general community.
Boulevard trees shall be consistent with the approved species
list of the City of Kalispell.
3) Exterior lighting along travel ways and parking lots should be
directed downward. Ornamental lighting along pathways and
parking lots is encouraged. Low intensity lighting (exterior)
may be appropriate to add architectural interest to certain
features of a building face or building signage. Lighting
directed upward to illuminate tree canopies or building
overhangs may provide attractive accents.
4) Signage on buildings is intended to be complimentary to the
building design and add architectural interest to the structure.
Common signage, including entrance signage, is intended to
be low profile and comprised of materials complimentary to the
building structures (see Section 2.01 E (3) of this Agreement).
5) Building design is an important consideration in helping to
define the quality of the built environment. Each land use
POD allows a mix of different land use types. Landscaping
and other common features will provide one form of community
linkage and identity. The other linkage will be building
architecture. In general terms, all commercial buildings
should seek to have architecturally enhanced facades and
broken roof and wall lines to minimize monotony of design.
Expectations of building design common to all land use types
will include the following components.
a. Exterior wall colors should harmonize
with the site and surrounding buildings. The
pre -dominate tone on building faces should tend
toward warm earthy hues, whether in the natural
patina or weathered color of the wall surface
itself or the color of the paint stain or other
coating. The color of concrete products on
building faces should be not be achieved from
painting the surface. The use of materials such
as wood, brick or stone for trim material is
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2.03 Ownership
encouraged.
b. Large, rectangular masses should
be avoided by incorporating offsets in the wall
and roof. A change in the plain of the walls,
changing the direction or providing some variety
in the roof form gives diversity and visual
interest. Facades greater than 120 feet in length
must exhibit a prominent shift in the wall.
c. Commercial buildings (non-residential)
should place an emphasis on entry. Entries
should be a prominent component of the building
face by providing an architectural covered or
recessed entry with modified roof accent and
increased usage of windows and trim.
d. All residential roofs must be pitched.
Commercial roofs may be pitched or flat.
Brightly colored roof material is prohibited as are
reflective metals. All roof mechanical systems
shall be shielded from view or incorporated into
architectural features. Roof design shall
incorporate architectural relief if building foot
print size is greater than 20,000 square feet.
e. Extensive use of windows is
encouraged to break up building planes or add
architectural interest to building facades or other
walls facing public view.
f. Franchise architecture is subject to
modification to achieve the sign, color, and
building style objectives set forth by this
Agreement.
g. Architectural elements of the front of
the building shall be incorporated into the back
of buildings when the back of the building is
visually accessible from U.S. Highway 93.
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The State of Montana may retain ownership of the Subject Property or leased
parcels for the development and use by third parties. This Agreement is binding on the
owners, successors and assigns inclusive of lessees of the property described in Exhibit
A attached hereto.
2.04 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Agreement and attached
drawings or the PUD Application of DNRC, the laws, rules, and regulations of the City of
Kalispell governing the use and development of land and buildings, including the Kalispell
Zoning Ordinance as it now exists or as amended, shall apply to the Subject Property.
2.06 Effectiveness
The provisions of this Agreement shall become effective simultaneously with
approval of the PUD Ordinance.
III. SITE CONDITIONS
3.01 Development
The Subject Property shall be developed insubstantial compliance with theS. '
Plan atj ft#titer {3 "is_�v the Record of Decision
issued by DNRC on August 10, 2001 and as k in this Agreement.
3.02 Access
(A) Primary access to the Subject Property shall be as shown on the land
use map (Exhibit E) of the Plan.
(B) DNRC has completed a comprehensive traffic impact study, which
identifies all expected traffic impacts and proposals for mitigation.
(C) DNRC will obtain all . 6j6jfiW access permits from the
Montana Department of Transportation and/or Flathead County Road
Department and CITY prior to development of any uses that require access
to a particular public road.
(D) DNRC agrees to be responsible for all fe ut traffic turn
lanes, traffic signals, and other regulatory signs and signals directly
pertaining to ingress and egress to and from U.S. Highway #93, West
Reserve Drive, Stillwater Road and Four Mile Drive indicated by the traffic
study.
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(E) All primary and secondary entrances shall be completed to CITY
standards prior to occupancy permits being issued for any site utilizing said
entrances for access.
(F) Emergency fire, ambulance, police and public vehicle access shall be
at all times available through said primary and secondary access without
impediment.
3.03 ' : Internal Roadways and Sidewalks
(A) DNRC acknowledges that the development of the Subject Property
includes development, at DNRC's expense, of internal roadways providing
access to the lots within the PUD.
(C) DNRC agrees that they will dedicate all internal stree*�"V.WMM-.�-,* and
sidewalks to the City of Kalispell upon completion.
3.04 Sewer and Water
(C) If a well is used on the premises, it shall not in any way be connected
to the CITY water supply system without prior consent and approval by the
City of Kalispell.
(D) All sanitary sewer and water i"I" 04 0&1 shall be designed and
installed in accordance with the City of Kalispell's Standards for Design and
Construction.
....... .... . .
(E) All utility Infrastructur 14. located within the
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subject Property shall be dedicated to the public upon completion.
(F) DNRC agrees to obtain all necessary easements for the extension of
water and sewer to the Subject Property. In addition, DNRC will grant to
CITY any and all easements necessary for CITY to perform maintenance of
water and sewer lines installed pursuant to the Agreement.
(G) In the event that CITY requires installation of water and/or sewer lines
Inrnpr than those reouired to service the Odff.W,-,O needs_of DNRC ..... N .... R .... C ...... . as,.
then CITY shall pay
only those costs associated with the. increased utility main sizing or
extension.
(H) In no event shall this Agreement be construed as to require CITY to
complete installation of Infrastructure and other improvements on the Subject
Property, or on any portion thereof, during any phase of development of the
Subject Property.
(1) Following completion of installation of the sewer and water lines on the
Subject Property by DNRC,J.t iis agreed. that the said utility lines shall be
01,
4U
maintained by CITY in
accordance with CITY maintenance policy and standards. However, service
lines to individual buildings on site shall remain under private ownership and
shall be privately maintained.
3.05 Storm Water
(A) Storm Water retention, drainage, and disposal shall be hoft"
&666id in accordance with regulations of the CITY and the Montana
Department of Environmental Quality, and such other City, State and
Federal "storm water requirements" as are in existence and made applicable
to the property at the time of the construction of any improvement.
(B) Storm Water will not be retained, treated or discharged off -site.
3.06 Site Grading
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ss..P.�.�a�•i«'.t9 ..,�aa� e: i:. 'aea�'A=i�s�e�W '.s- ::.3ca�ei:�=ze; 4� f�7
�Mwl
Prior to commencement of site grading, DNRC agrees to obtain an Air
Quality Construction and Demolition Permit from the Director of Public
works, and to comply with the terms and conditions of said Permit during
construction including hauling of material to and from the site.
3.07 Fire Suppression
(A) Prior to the Building Department issuing any permit for any foundation
or building within the PUD, the Fire Chief for CITY must certify that DNRC
has supplied a fire site access plan for the Subject Property and an
engineered internal fire suppression system for the buildings to be
constructed on the Subject Property, which will be in accordance with the
Uniform Fire Code and will be acceptable to the Fire Chief.
.....................
(B) DNRC agrees to install hydrants, water mains
iffi in accordance with City of Kalispell Standards and to obtain approval
thereof prior to construction from the City of Kalispell Fire Chief.
3.08 Landscaping
(A) In addition to the performance standards related to landscaping,
subdivision review will consider the landscaping and common area features
of all proposed development.
(B) Street trees will be placed at 40-foot intervals along both sides of the
internal roadways except where they immediately abut a parking lot island
or planter or abut building fronts. Street trees are to be a minimum of 2 'Y4
inch caliper at planting.
(C) Landscaping along Highway 93 and West Reserve Drive will include
street trees placed at 50-foot intervals, which are a minimum of 2 '% inch
caliper at planting.
(D) The overall landscape plan shall be coordinated with the Kalispell Parks
and Recreation Director as to the exact size and location of the plantings
and the species lists. This plan shall be attached hereto as an addendum.
(E) All refuse areas shall be screened from public view
IV. CITY SEWERIWATER CONNECTION FEES
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4.01 Connection Fee Schedule
(A) Connection fees for connection to the CITY Water and Sewer utility will
be determined in accordance with City Standards and fee schedules for
connection fees, in effect at the time of the application for a building permit.
(B) DNRC, or its successors and assigns which own the property at the time
of applying for a Building Permit, shall pay the connection fees associated
with the utility connections at the time of obtaining the Building Permit for
each structure. This provision is to assure that the fees are paid at the time
of applying for a Building Permit and is not to be construed as to prohibit
DNRC from requiring reimbursement or advance payment of the cost from
any potential tenant or purchaser.
(C) DNRC may be entitled to reimbursement of a portion of the costs of
installation and extension of water and sewer utilities from future users who
connect to extended water and sewer facilities. If DNRC anticipates the need
for reimbursement of cost, DNRC's engineer shall prepare a preliminary
design and report that details the proposed facilities and the estimated
proposed reimbursable costs and will submit said design and report to the
CITY for review and concurrencetttCCosts shall be
recovered through a developer's extension agreement and will be subject
to the following conditions.
1) No reimbursement will be allows for any costs
associated with meeting the utility requirements for
development of the Subject Property. These costs shall be
determined by DNRC's engineer and shall be submitted for
review and concurrence by the Director of Public Works. Said
costs shall be the actual costs of construction, inclusive of
engineering and inspection costs, and shall be submitted as
specified within thirty (30) days of substantial completion of the
work.
2) No reimbursement will be allowed for any costs of
extension of water and sewer facilities, or increases in size
thereof, for which the CITY has agreed to provide
reimbursement as described elsewhere in this agreement.
3) Costs associated with extensions of water and sewer
facilities to future users shall be determined by DNRC's
engineer and shall be provided to the Director of Public Works
- 24 -
for review and concurrence that said costs are appropriate for
reimbursement. Said costs shall be the actual costs of
construction, inclusive of engineering and inspection costs,
and shall be submitted as specified within thirty (30) days of
substantial completion of the work.
4) A developer's extension agreement shall be
prepared by DNRC's engineer and submitted to the Director
of Public Works for review and concurrence. The agreement
shall identify the costs to be reimbursed, the properties
benefitted by the extended utilities, and the proportionate cost
to be reimbursed by each benefitted property upon connection
to the extended utilities. The agreement shall identify the
recommended method for apportioning reimbursable costs
between the benefitted properties. Said method shall be the
same for all properties. The term of this agreement shall not
exceed a period of seven (7) years.
5) Upon concurrence, the Director of Public Works
shall submit the proposed developer's extension agreement to
the Kalispell City Council for approval.
6) Future extensions by the CITY of utility facilities
covered by this PUD agreement shall not be subject to the cost
reimbursement outlined in this section.
V. AMENDMENT OR MODIFICATIONS OF AGREEMENT
5.01 Amendment or Modification Procedures
This Development Agreement may be amended or modified only by application of
DNRC, in accordance with the procedures set forth herein. Applications for amendment
or modification may be made to the City of Kalispell Site Review Committee.
(A) Modifications of this agreement and the attachments hereto which are
deemed by said Site Review Committee to be minor modifications shall
require only the consent of the Site Review Committee and shall not require
(B) All amendments and modifications of this Agreement, other than minor
- 25 -
modifications, shall require the approval of the City Council
(C) All applications for modifications or amendments of the Agreement shall
be filed with the Site Review Committee and the Site Review Committee
shall promptly, within 10 days, determine whether the modifications are
major or minor.
(D) The Site Review Committee shall make its determinations with respect
to any application for minor modifications subject to this Section within 15
days after it determines the application to be subject to said minor
modification.
(E) If the amendment or modification requested is of such a nature as to
require approval of the City Council, the Site Review Committee shall refer
the matter to the City Council within fifteen (15) days after it determines the
matter to require Council review.
(F) DNRC may appeal the decision of the Site Review Committee to the etty
4City Council, who may affirm, reverse or modify the site Review
Committee decision.
VI. MISCELLANEOUS
6.01 Severability
In the event that any provisions of this Agreement shall be deemed, decreed,
adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such
provision shall be sever able and the remainder of this Agreement shall continue to be of
full force and effect.
6.02 Recordation
This Agreement shall be recorded in the Office of the Flathead county Clerk and
Recorder.
6.03 Entire Agreement -Primacy
This Agreement and the attachments, exhibits, plans, and reports referenced herein
constitute the entire Agreement between the parties and may only be amended asset forth
herein. In the event during the term of this Agreement, there is a variance between the
provisions of this Agreement and any drawing or document submitted prior to execution
of this Agreement, this Agreement shall take precedence.
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6.04 Integration
This Agreement, together with any attached exhibits and any addenda or
amendments signed by the parties, integrates all negotiations and previous agreements
between the parties and supercedes any other written or oral agreements or
representations between the parties. This Agreement can be modified only in writing,
signed by all parties hereto.
6.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective
parties, heirs, successors and assigns.
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