Ordinance 1728 - PUD Overlay - Gardner Investments & Fred's ApplianceReturn to:
Kalispell City Clerk
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WHEREAS, `Kalispell Planning Board held r Public Hearing on .'. matter r,
WHEREAS,
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7/17/2013 10:08 AM
NOW THEREFORE9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
AS FOLLONYS.9
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zonin
Ordinance, (Ordinance No. 1677) is hereby amended by designating the prope
described above as B-5, Industrial/Commercial, with a Planned U
Development overlay. I
SECTION 2. The Planned Unit Development proposed by Gardner Investments LLC upon th
real property described above is hereby approved, subject to the followin
conditions: I
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The development of Lots I and 2 of Mergenthaler Subdivision shall substantially comply with the
following site plan and elevations submitted as part of I` Unit Development application:
A. Site Layout Plan dated May 6, 2013 and labeled Overall Layout 2013 C-2-3
B Building footprint site plan dated May 6, 2013 and labeled Lot I & 2 of Mergenthaler
Subdivision C- 1;
C. Elevations of the proposed Fred's Appliance dated 4-14-13 and labeled AS-0.
2. The permitted and conditional uses for Lots I 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 GardnerNolkswagen 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 or3/4movement approach). This has been
met with the submission of the GardnerlFred'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 GardnerlDeprato 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.
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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 metper the overall layout
plan dated 2013 and numbered C-2. Specific designs have been Providedfor Lots I and 2
of the Gardner'slFred's PUD.
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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.
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 I 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 is 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 vehiclv
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.
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Fees: $35.00
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12. The developer shall submit to the Kalispell Public Works Department for review and approval
storm water management plan that meets the requirements of the current city standards for desig
and construction. The approved storm water management plan for on -site facilities shall b
completed prior to the issuance of a building permit. I
13. Fred's Appliance and any construction on Lot 2 are required to be submitted to the Kalispe
Architectural Review Committee prior to issuance of a building permit. Approval of this PU I
does not convey or grant any specific authorization or project pre -approvals relative to the dutie
of the Architectural Review Committee.
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certification from an engineer licensed in the State of Montana shall be submitted to the Publil�
Works Department stating that all water and/or sewer lines have been installed per the approve
plan. i
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.
8. 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 I 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
I and 2 including along the east side of Lot 2.
21. The existing length of United Drive which abuts the south side of Lots I 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.
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22. Prior to the development of Lot 2 and the issuance of a CIO, 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.
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Tammi Fisher
ATTEST: Mayor
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Theresa WhitePRA
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City Clerk
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