2. Ordinance 1748 - Planned Unit Development - Captain's Marine - 1st Readingix
_$ 1� �,' "„ri a� y i •'€`'._;ems a� el* �sr;f
° 1•�y r sJ ''� r?-g � �-� �r a}' My `y c � r F �'� .�,. E ♦r`,y �.� �' � '�2t
IL ..
.�"
October 31, 2014
Mayor Mark Johnson
Kalispell City Council
201 First Avenue East
Kalispell, MT 59901
Re: Ordinance 1748 -- Planned Unit Development -- Captain's Marine --1st Reading
Dear Mayor and City Council:
our client Randell Seyfert, the owner of Captain's Marine, is asking for a continuation of the PUD review
hearing. Mr. Seyfert will not be available November 3 or November 17 for the regularly scheduled City
Council Meetings.
This project is very important to hire and Mr. Seyfert wants to provide his personal input to the City
Council; we would request to move our hearing to December 1, 2014.
Sir
M
APEC, Inc.
Enclosures
Cc: Randell Seyfert
\\SKYWALKER\Projects�—APECJobs\Seyfert Randell- Captains Marine - PUD-140612\Design\Civil\bocuments\APEC Letter To mayor and council.doc
APEC, Inc. A Civil Engineers A
I I I Legend Trail, Kalispell, MT 59901 Tel 406.755.1333 Fax 406.755.1310 www.APEC--MT.com
PLANNING FOR THE FUTURE,
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
r1
Doug Russell, City Manager`°
Kevin LeClair, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kafispeil.com/planning
KPUD 14-02 - Request for Planned Unit Development for Boat and
Trailer Sales and Repair Facility
November 3, 2014
BACKGROUND: The request from Somer's Bay Trading Company LLC, d.b.a. Captain's Marine,
is for a Planned Unit Development for a boat and trailer sales and repair facility, and associated boat
storage buildings. The development is intended to occur in three phases. Phase 1 includes the
construction of a boat and trailer sales facility consisting of 14,900 square feet of sales, offices, and
service areas on the main floor and 1,800 square feet of offices on the second level. Phase 2 includes
construction of either one or two wood -framed, metal -sided boat storage buildings and the demolition
of several existing residential structures on the property. Phase 3 includes the construction of another
boat storage building.
The 9.7-acre site is located at 3215 Highway 93 South, on the east side of Highway 93 South
approximately 650 feet south of the intersection with the Highway 93 Alternate Route. The property
can be legally described as Tract 7C in the northwest quarter of Section 33, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
Tract 7C was annexed by the city in 2008, as part of the Gardner Investments LLC annexation and
PUD. The annexation and PUD included a total of 9 tracts of land covering 81.6 acres on the east
side of Highway 93 South, from Lower Valley Road to Snowline Lane. An initial zoning designation
of B-5/PUD was assigned. The PUD placeholder that was approved bound the properties in the
annexed area to a requirement for a future PUD application. The future PUD application would
ensure the annexed area would be developed as an integrated commercial -industrial business park for
the south end of Kalispell, rather than in a disconnected, piecemeal fashion.
The Kalispell City Planning Board met on September 9, 2014, and held a public hearing to consider
the request to develop the boat and trailer sales and repair facility. At the public hearing, staff
recommended approval of the PUD for the development on the eastern 3.7 acres of the property. The
staff recommendation included a condition that any future development beyond the initial phase
would require a subsequent full PUD application, due to a lack of information regarding the future
phases intended for the rest of the property. At the meeting, it was agreed that it would be preferable
for the PUD to cover the entire site, so the planning board voted to continue the matter to their next
regular meeting on October 14, 2014.
In the intervening time, the owner's engineer submitted a plan illustrating the three -phases of
development described above. At the October 14, 2014, meeting, staff recommended approval of the
PUD subject to 22 conditions of approval in the staff report, along with a staff -initiated amendment to
one of the conditions. Both the owner and the owner's engineer addressed the Board and requested
several modifications to the conditions of approval.
The Board held a lengthy discussion of the proposal and the conditions of approval. The main
discussion focused on Condition #l, which reserves a "no -build area" on the property in anticipation
of a future extension of United Drive. In the course of the discussion, the staff -requested an
amendment to add a waiver of protest to a potential future special improvement district to Condition
#1 which was approved by the board on a vote of 6-1. The discussion continued and a motion was
made to add Condition #23, to deviate from the off-street parking design standards that require
asphalt or concrete and instead allow the use of crushed asphalt for temporary parking and outdoor
storage areas within the no -build area specified in Condition #1. The motion to add Condition #23
was approved by the board on a vote of 5-2.
After some additional discussion, the board voted to forward the proposal with the amended
conditions to the city council with a positive recommendation on a vote of 5-2.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the Planned
Unit Development with the 23 conditions of approval, as amended.
FISCAL EFFECTS: Approval of the request will have minimal fiscal impact to the city.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Kevin LeClair
Senior Planner
Report compiled: October 29, 2014
c: Theresa White, Kalispell City Clerk
Somers Bay Trading Company, LLC, 120 Vista Drive, Bigfork, MT 59911
ORDINANCE NO.1748
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 TRACT 7C IN THE NORTHWEST QUARTER OF SECTION 33,
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, Somers Bay Trading Company LLC, d.b.a. Captain's Marine, 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 east of Highway 93 South, south of Lower Valley Road, and
north of Snowline Lane, and
WHEREAS, the petition of Somers Bay Trading Company LLC was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KPUD-14-01, 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 Public Hearings on the matter on September
9, 2014 and October 14, 2014, 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 76-3-609, 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-14-01.
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 Somers Bay Trading Company
LLC upon the real property described above is hereby approved, subject to
the following conditions:
General Conditions:
1. In accordance with the Kalispell Growth Policy and the Planned Unit Development
provisions in the Kalispell Zoning Ordinance, an area sixty (60) feet wide extending
south from the north -south access easement (United Drive) to the southern property
boundary shall be kept free of any structural development until such time that future
development warrants construction of a roadway in this location per the Kalispell
Standards for Design and Construction. A "No Protest To a Special Improvement
District" for roadway s required to be constructed as a result of future development shall
be signed and submitted by the owner.
2. Phase 1 of the development of Tract 7C shall substantially comply with the following site
plan and elevations submitted as part of the Planned Unit Development application (with
exceptions noted below):
A. Proposed Site Plan dated October 6, 2014, prepared by APEC Engineering
B. Renderings of the Captain's Marine boat/trailer sales facility dated June 26,
2014, prepared by R Porch Construction
Exceptions:
a) A fire hydrant shall be located at the northern terminus of the waterline on the
northwest corner of the property, where none is currently shown.
b) Separate water service line and fire suppression water lines shall be installed, where
only one line is shown at this time.
c) One or more fire hydrants shall be installed to provide fire protection for the existing
storage building and the existing workshop building on the eastern portion of the
property as determined by the Kalispell Fire Chief and Kalispell Public Works.
d) The water main to supply the hydrant will need to be placed in an easement location
that is reviewed and approved by Kalispell Public Works.
3. To ensure adequate fire protection of the three residential structures on the eastern
portion of the property, the property owner shall, in coordination with the Kalispell Fire
Department, re -address the residences and provide access and address-signage for the
residences from United Drive on the north side of the property.
4. Phase 2 of the development plan shall substantially comply with the Proposed Site Plan
dated October 6, 2014, but shall be modified so that any the proposed storage buildings
shown in Option A or Option B are located 20 or more feet from the western edge of the
extension of the 60-foot wide north -south access easement specified in Condition #1.
5. Phase 3 of the development plan shall substantially comply with the Proposed Site Plan
dated October 6, 2014, but shall be modified so that the proposed storage building is
located 20 or more feet from the eastern edge of the extension of the 60-foot wide north -
south access easement specified in Condition #1.
6. The permitted and conditional uses for Tract 7C are restricted to B-5 uses including retail
sales and service.
7. The property owner shall maintain the landscaping on their property and from their
property line to the adjacent street or highway travel surface of Highway 93 South as
applicable.
8. All utilities shall be placed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for
Design and Construction.
Prior to the issuance of a building permit:
9. 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.
10. The proposed site plan for Phases 1, 2, and 3 of the Captain's Marine PUD is required to
be submitted to the Kalispell Site Review Committee for review and approval prior to
issuance of a building permit for any structural development. Approval of this PUD does
not convey or grant any specific authorization or project pre -approvals relative to the
duties of the Site Review committee.
11. For each phase of development, 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 west side of the property
adjacent to Highway 93 South. All areas of the site not proposed for structural
development, parking, and access shall be addressed with some level of landscape
treatment.
12. 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 Tract 7C.
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.
13. 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.
14. Water and sewer main extensions shall be reviewed and approved by the Kalispell Public
Works Department prior to installation.
15. 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.
16. The proposed structure for the Captain's Marine Boat and Trailer Sales and Repair
Facility is 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.
17. The proposed storage buildings depicted on the Proposed Site Plan, dated October 6,
2014, and the Typ. Storage Building Elevations, dated October 6, 2014, 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:
18. 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.
19. Any on -site storm water management facilities shall be installed per the approved plan.
20. All landscaping shall be installed per the approved landscape plan.
21. The bike trails shall be installed per the approved plan.
22. The property owner of Tract 7C shall obtain the appropriate permit for the approaches
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.
23. A variance is granted to allow the use of recycled asphalt for parking and boat storage
and on the non -circulation areas in the 100 foot no -build area.
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 DAY OF , 2014.
ATTEST:
Theresa White
City Clerk
Mark Johnson
Mayor
Captain's Marine PUD
PLANNED UNIT DEVELOPMENT
REVISED STAFF REPORT #KPUD-14-01
KALIStPELL PLANNING DEPARTMENT
OCTOBER 14, 2014
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request from APEC Engineering, on behalf of Somer's Bay Trading Company LLC, d.b.a.
Captain's Marine, for a Planned Unit Development for a 3-phase development of a boat and
trailer sales facility consisting of 14,900 square feet of sales, offices, and services areas on
the main floor and 1,800 square feet of offices on the second level; and several wood -
framed, metal -sided boat storage buildings.
A public hearing was held with the Planning Board on September 9, 2014, in the Kalispell
City Council Chambers. At the close of public hearing, the Planning Board refrained from
making a recommendation to the Kalispell City Council for final action, but rather
forwarded the request back to staff and the applicant for further information and review.
The request is now being considered by Planning Board at their regular meeting scheduled
for October 14, 2014.
BACKGROUND INFORMATION: In November 2008, the Kalispell City Council approved
the annexation of 9 tracts of land located east of Highway 93 South, south of Lower
Valley Road, and north of Snowline Lane. The PUD placeholder zoned the properties B-5,
Industrial Commercial and bound them to a future PUD application. The annexation and
PUD placeholder were referred to as the Gardner Investments PUD. The Captain's Marine
PUD application involves a portion of one of the southern tracts of the Gardner Investment
PUD placeholder, referred to as Tract 7C.
The B-5/PUD placeholder zoning is intended primarily to accommodate a variety of
business, warehouse, and light -industrial uses in an industrial -commercial park
development.
Planned unit developments are intended to serve as an overlay zoning district that
functions in concert with the underlying zones to provide a comprehensive, integrated
development plan which will serve to modify the underlying zone and guide future
development. The PUD provides for flexibility in the subdivision standards and
architectural designs standards, where appropriate, to preserve and enhance the
integrity and environmental values of the area. The PUD placeholder is typically involved
with annexations and initial zoning requests and notes the applicant's intent to develop a
full PUD application at a later date. The Captain's Marine PUD replaces the Gardner
Investments placeholder PUD for Tract 7C.
A. Owner: Somers Bay Trading Company LLC
d.b.a. Captain's Marine
120 Vista Drive
Bigfork, MT 59911
406-755-2666
Technical Assistance: APEC Engineering
111 Legend Trail
Kalispell, MT 59901
406-755-1333
Figure 1: Vicinity Map Aerial (Google Earth, July 2013)
Captains Marine PUD
KPUD-14-01
Paste 2 of 14
B. Overall Project Description: The PUD is being proposed to be developed in three
phases. The first phase involves development of a boat and trailer sales facility
consisting of 14,900 square feet of sales, offices, and services areas on the main
floor and 1,800 square feet of offices on the second level. The facility is proposed
for the western 500 feet of the property and includes two accesses onto Highway
93 South; the boat sales and repair facility; parking for customers, employees,
boats, and trailers; driving surfaces; landscaping; a multi -use path along the
highway frontage; lighting; and signage. This constitutes approximately 3.7 acres
of the overall site. East of the main 3.7-acre, phase 1 area, the applicant is
proposing to pave additional accesses to an existing storage building, existing
workshop, and the three existing residences. A stormwater management facility is
proposed to be located in a slightly depressed area east of the existing storage
building, existing workshop, and septic drainfield on the property.
Phase 2 calls for the removal of the residential structures and their associated
septic drainfields; and the development of one of two options:
- Option A includes two separate wood -framed, metal -sided storage buildings (30'
x 140' and 30' x 200) on the north and south property lines, or
- Option B includes a single wood -framed, metal -sided storage building (100' x
2001 in the approximate center of the property.
Phase 3 calls for the development of another storage building (30' x 2001 along the
northern property boundary and associated paving.
In the revised submittal, dated October 6, 2014, the applicant is requesting a
deviation from Kalispell Zoning Code design standards for off-street parking that
pertains to the paving of off-street parking and access areas with either asphalt,
concrete, or a comparable permanent hard surface (KMC 27.24.030 (4)). The
applicant is requesting to use crushed asphalt outside of the parking and access
areas for exterior boat and trailer storage.
Figure 3: Rendering of phase 1 - Proposed boat sales facility, NW view (Porch Construction)
Captains Marine PUD
KPUD-14-01
Page 3 of 14
:5
d-.:aucr acrtsz
a-u>s;�.'#-AT2r'D9AY��F
rws¢E
mA fts n
ITT
m
'xf:S£sMA
4Y1�
tAoRrMK6
..
.(
tce
"IM41 SIMI
..------r--r7
6
_
In� TTT-
r_'j-
ID4V.Si� `JDy
a
x.9XPiP.tiA
t t �usonza �r�a �
saMYsM
M
�
�
'
tx
e4tA",£+ AFyi`xi4Er,:,
s�es.,a�-tea
E wY +Rd
�E ;cuw
"� -..•..,,,,
PHASE 3-161=,
j.•e.ay.8'e�ta-
&$cst rv�t 8avz'N6 � U 7
PrtasE z • zo:-r
Rfrns.:.
PHASE S-20.0
tc�ax #1Crt� +i+ra'r..
un�r�u�a c.rz ,s
K*$54d�3RtA
r�a(iri 49 iF:4t9F3�
Figure 4: Proposed Site Plan (APEC Engineering)
C. Location and Description of Property: The Captain's Marine site is located at
3215 Highway 93 South and can be legally described as Tract 7C in the northwest
corner of Section 33, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
The property is 9.7 acres in size with 330 feet of frontage on Highway 93 South
and a depth of 1280 feet.
Figure 5: Site aerial of existing conditions (Google)
The eastern half of the property contains multiple structures, containing the
following uses, from north to south: a carport, two residential structures, a storage
building, a workshop, and another residence. The driving and parking surfaces
around the structures are gravel. The western half of the property is undeveloped,
Captains Marine PUD
KPUD-14-01
Page 4 of 14
except for an asphalt driveway from Highway 93 South to the southern residence
and workshop structures. There is also an unpaved, gravel/dirt driving path
north of the paved driveway. The western 500 feet of the property is where the
proposed boat and trailer sales and repair facility is planned to be located.
The property is level for most of its area. East of the developed structures, the
elevation drops approximately five feet. Further east, the property drops another
15 to 20 feet in elevation and contains a surface water channel/slough that
appears to have been formed by an historic meander bend of the Flathead River.
D. Lusting Land Use and Zoning: As stated above, the property is zoned B-5/PUD.
The Kalispell Zoning Ordinance describes the intent of the B-5 Industrial Business
zoning districts as:
"A 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. This district should be
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." (KMC 27.15.010)
The B-5 zoning district permits a wide variety of commercial and light industrial
uses, including boat and trailer sales and repair facilities and warehousing.
Residential uses are not permitted in the B-5 zoning district. Any existing uses
lawfully established on the property prior to the annexation and adoption of the
initial zoning, shall be allowed to remain in accordance with the non -conforming
uses statutes contained in the Kalispell Zoning Ordinance section 27.23.030.
E. A41acent Land Uses and Zoning:
North: A hardwood flooring business, a heavy equipment repair business and
mini -storage; County I-lH zoning; and a 60-foot wide segment of
gravel road/access easement zoned City B-5/PUD
East: Agricultural; County I-1H zoning
South: Scattered industrial/commercial uses with individual highway access
driveways; County I-1H zoning.
West: Mini -storage and U-Haul Rental; County I-1 H zoning
F. General Land Use Character: The area of the proposed development can be
described as a mixture of commercial and light -industrial uses with a dependence
on convenient and visible access to the arterial roadway system. This description
holds true especially to the north and west of the property, where commercial
businesses have developed and expanded around the intersection of Highway 93
South and the intersection of the newer, Alternate Highway 93 (Kalispell Bypass).
The area to the south is somewhat less developed but each of the properties is
being put to some combination of commercial, industrial, and residential use,
similar to the subject property.
One of the defining characteristics of the area is the number of individual
Captains Marine PUD
KPUD- 14-01
Page 5 of 14
driveways and the scattering of multiple structures on narrow and relatively deep
properties. This lot configuration and land use pattern makes the efficient use of
the properties challenging as one gets further from the highway and presents
access difficulties onto the highway frontage when multiple driveways are close
together.
There is a shared access easement running east -west north of the property that
provides vehicular access to the east of the lots that front the highway. This
shared access easement connects to another access easement that runs north -
south. This 60-foot wide, north -south easement is part of the original Gardner
Investment PUD placeholder and connects to the property's northern boundary.
This easement area and its connection to the property tie this property to the
overall Gardner Investments PUD placeholder. Kalispell's Future Land Use Map
indicates a roadway running parallel one block east of Highway 93. This roadway
is consistent with this north -south access easement and would provide local street
access to the off -highway portions of the properties. The Kalispell Planning Board,
in their October 2008 discussion regarding the annexation, referenced this
roadway as an important roadway for creating a grid road system.
Other than the private driveways on the east side of Highway 93, the nearest
public roadway intersection on the east side of Highway 93 South is United Drive,
1,300 feet to the north of the property between the existing Mergenthaler
Transport business and the recently constructed Fred's Appliance retail
establishment. The nearest roadway to the south is Snowline Lane, which is
approximately 1,000 feet to the south. As stated above, the Kalispell Growth
Policy and its Future Land Use Map indicate a desire to develop a coordinated
roadway and system of shared access points onto Highway 93 South, likely using
United Drive and Snowline Lane, and an off -highway collector roadway to serve
the eastern half of the properties along Highway 93 South.
G. Utilities and Public Services:
Sewer:
City of Kalispell (adjacent to the property in the Highway 93
right-of-way)
Water:
City of Kalispell (approximately 175 feet south of the property
on the east side of Highway 93 right-of-way)
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
H. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Criteria for the Creation _of a Planned Unit Develovment IPUDI District
The following information and evaluation criteria are from Sections 27.21.020(4), of the
Kalispell Zoning Ordinance. The intent of the planned unit development district is to
serve as an overlay zoning district. The district shall function in concert with one or
more of the underlying zones to provide a comprehensive, integrated development plan
Captains Marine PUD
KPUD-14-01
Page 6 of 14
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.
Review of Application Based Upon PUD Bvaluation Criteria: The zoning regulations
provide that the planning board shall review the PUD application and plan based on the
following criteria:
1. 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 is located within an area designated as "urban mixed use" on
the City of K dispell's Growth Policy Future Land Use Map. The Growth Policy
calls for expanding "the depth of urban highway commercial areas as mixed -use
corridors, in order to provide an alternative to continued linear commercial
development, to concentrate more intensive uses along traffic arterials, to improve
business district circulation and transportation efficiency areas, by secondary
street access, to provide flexibility for larger development sites, and to expand
small business opportunities."
The Growth Policy continues, "Within these corridor areas, provide for higher -
intensity, mixed -use areas roughly two blocks on both sides of urban highways."
The proposed PUD complies with the Growth Policy in terms of urban mixed use of
the site because it is developing a more intensive use along the highway frontage,
while utilizing the area to the east for future depth of the highway commercial
area.
The proposed development pattern should provide for efficient development of the
relatively narrow, deep lot, and potentially allow for future extension and
development of a secondary roadway system parallel to the higher speeds and
congestion of the highway itself. At this time the proposal provides east -west
vehicular access by traveling through the parking areas on the property. The
proposal does not provide for a reasonable extension of the north -south axis
depicted on the Kalispell Growth Policy Future Land Use Map, implied by the
Gardner Investments annexation and PUD placeholder, and emphasized by the
Kalispell City Planning Board in 2008.
2. 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 applicant is requesting a departure from one provision of the Kalispell Zoning
Ordinance with regard to the paving of all parking and access areas with asphalt,
concrete, or a comparable permanent hard surface (KMC 27.24.030 (4)). The
request is that exterior boat and trailer storage, outside of the parking and travel
lanes, would be surfaced with a crushed asphalt material. No additional
information was provided that substantiates why this deviation would be in the
public interest or how this deviation would be mitigated by other measures in the
Captains Marine PUD
KPUD-14-01
Page 7 of 14
PUD proposal.
The provision for paving of parking and travel lanes is intended to maintain air
quality within Kalispell and Flathead County, which can be deteriorated with
vehicle traffic on unpaved surfaces. The standard treatment of areas that are not
developed with structures, parking, or access areas is to provide landscaping that
contributes to neighborhood aesthetics, conserves environmental quality, and
provides areas for stormwater interception and infiltration.
3. 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 applicant is not proposing to subdivide the property. No departures from the
subdivision regulations or public works standards for design and construction
have been requested.
As a single development on the property, the City of Kalispell Standards for Design
and Construction require that water and sewer services be brought up to the
building and be sized appropriately for the water usage and fire suppression
requirements of the developed portion of the property. For phase 1, the Standards
require extension of the water main to the northwest corner of the property to
facilitate a logical development pattern to the north, and ultimately result in a
looped system with the subsequent development in the balance of the Gardner
Investments PUD. The use of the former Northwestern Truss Company buildings
requires that a fire hydrant be located so that the structures can be protected in
the event of a fire on or near the property.
When Tract 7C was annexed, it was understood by the former owner that a fire
hydrant would be installed in order to provide fire protection for the former truss
company buildings. This fire hydrant has not yet been installed. (See attached
letters to Gardner Investments LLC dated November 5, 2009 and August 27, 2010)
The hydrant should be installed to allow fire protection of the existing structures
in use on the eastern portion of the property.
Phase 2 includes additional development to the east with structures and
additional paving. The addition of these structures also requires one or more fire
hydrants in order to protect these structures. Fire hydrant placement shall be
approved by the Kalispell Fire Chief and meet the Kalispell Standards for Design
and Construction.
4. 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;
This PUD application provides for the appropriate use and development of the
Captains Marine PUD
KPUD-14-01
Page 8 of 14
western 500 feet of the property with the ability to expand and develop the eastern
portion in future phases as needs and plans dictate.
Use of the existing elements of the property are allowed to remain in their current
status as existing uses that were lawfully established prior to the adoption of the
existing zoning on the property.
Internal design elements would include a coordinated vehicular circulation system
that efficiently serves the subject property, as well as the community as a whole by
encouraging shared access points on the highway and a shared, common internal
road system.
In October 2008, a member of the Kalispell Planning Board, in the discussion of
Gardner Investments LLC annexation, initial zoning, and PUD placeholder overlay,
stated, that "a grid road system is really important." And, "the existing parallel
road... should be extended and other roads should intersect it." Phases 2 and 3 of
the proposed site plan will need to be modified slightly to follow through with this
and preserve the property owner's long-term investment by allowing for a potential
vehicular connection of the property to the north and the south. (See attached
Kalispell City Planning Board Minutes of the meeting of October 14, 2014, Page 4
of 5)
5. 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 applicant is not proposing to provide any public parks or common open
spaces. As a commercial development, there is no requirement for such
provisions.
6. The manner in which the PUD plan makes adequate provision for public
services, provides adequate control over vehicular traffic and furthers the
amenities of recreation and visual enjoyment;
The PUD is proposing to access public services such as sewer and water by
connecting to the sanitary sewer line located in the Highway 93 right-of-way and
the water main located approximately 175 feet south of the property, also on the
east side of Highway 93, respectively. Kalispell Design and Construction
Standards require the water main to be extended to the northern extent of the
property so that it may serve further development on the properties to the north.
A hydrant should be installed at the terminus of the line.
Vehicular circulation on the PUD is served with two access points onto Highway
93. These accesses require review and approval from the Montana Department of
Transportation. Access to the area immediately adjacent to the proposed boat and
trailer sales and repair building will be a combination of parking lot and a fenced,
secured outdoor storage area. Access to the eastern half of the property will be
through the fenced, secured area, or by way of the north -south easement that
connects to the property's midpoint. No other circulation through and connecting
Captains Marine PUD
KPUD-14-01
Page 9 of 14
with the overall Gardner Investments PUD placeholder properties has been
proposed.
Although not required to be developed as a roadway at this time, the property
should provide adequate space for a potential future extension of the 60-foot wide
access easement from the north property line to the southern property boundary,
consistent with the existing easement area that connects the property to the
overall PUD. This will not only provide for adequate developable property on Tract
7C, but also enhance the property's integration into the overall mixed -use
commercial industrial park concept that was discussed and anticipated at the
time of annexation. Any structures should be set back a minimum of 20 feet from
this extension of the access area, in order to ensure future compatibility with the
zoning ordinance and build out of the area.
For pedestrian accessibility, the applicant is proposing to construct a minimum
10-foot pedestrian/bicycle path along the frontage of Highway 93, which will
eventually connect to other sections as properties develop in the future.
The applicant is proposing to install landscaping in and around the parking lot
and building. The landscaping plan will be reviewed and approved by the Kalispell
Parks Department prior to issuance of the building permit.
The applicant intends to design and construct an architecturally pleasing
structure. All new commercial buildings will be reviewed and approved by the City
of Kalispell Architectural Review Committee prior to issuance of the building
permit.
7. 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;
As stated above, the proposal is generally compliant with the Future Land Use
Plan, as shown in the Kalispell Growth Policy. The neighborhood in which it is
located is a mixture of commercial and light -industrial uses. The addition of a
boat and trailer sales and repair facility is complimentary to the established
neighborhood character. The proposed use conforms with the permitted uses in
the B-5 land use zoning district. Consideration should be given to protecting a
future north -south access across the eastern portion of the property site in
accordance with the Kalispell Growth Policy future land use map.
S. 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;
The applicant is proposing to develop the property in three phases. The first
phase includes the boat and trailer sales and repair facility on the western 500
feet of the property and continued use of the existing storage building and existing
workshop building. Phases 2 and 3 expand the overall operation into the eastern
portion of the property with storage structures that will allow the property owner
to keep additional inventory on -hand, and lease dry, winter storage for privately -
owned boats. The use of the property in this way is a desirable improvement of
Captains Marine PUD
KPUD-14-01
Page 10 of 14
the property.
It is important that future phases do not restrain the future use and development
of the narrow deep lots to the south of the subject property. By maintaining
integration with the PUD to the north, future development options are enhanced
for the subject property and to the south.
9. Conformity with all applicable provisions of this chapter.
No other deviations from the Kalispell Zoning Ordinance or Kalispell Subdivision
Regulations have been requested.
I. RECOMMENDATIONS
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Revised Staff Report KPUD-14-01 as findings of fact and recommend to the Kalispell City
Council that the Captain's Marine PUD be approved subject to the conditions listed
below:
CONDITIONS OF APPROVAL
PUD Conditions
General Conditions:
1. In accordance with the Kalispell Growth Policy and the Planned Unit
Development provisions in the Kalispell Zoning Ordinance, an area sixty (60)
feet wide extending south from the north -south access easement (United Drive)
to the southern property boundary shall be kept free of any structural
development until such time that future development warrants construction of
a roadway in this location per the Kalispell Standards for Design and
Construction.
2. Phase 1 of the development of Tract 7C shall substantially comply with the
following site plan and elevations submitted as part of the Planned Unit
Development application (with exceptions noted below):
A. Proposed Site Plan dated October 6, 2014, prepared by APEC
Engineering
B. Renderings of the Captain's Marine boat/trailer sales facility dated June
26, 2014, prepared by R Porch Construction
Exceptions:
a) A fire hydrant shall be located at the northern terminus of the waterline on
the northwest corner of the property, where none is currently shown.
b) Separate water service line and fire suppression water lines shall be
installed, where only one line is shown at this time.
c) One or more fire hydrants shall be installed to provide fire protection for the
existing storage building and the existing workshop building on the eastern
portion of the property as determined by the Kalispell Fire Chief and
Kalispell Public Works.
d) The water main to supply the hydrant will need to be placed in an easement
Captains Marine PUD
KPUD-14-01
Page 11 of 14
location that is reviewed and approved by Kalispell Public Works.
3. To ensure adequate fire protection of the three residential structures on the
eastern portion of the property, the property owner shall, in coordination with
the Kalispell Fire Department, re -address the residences and provide access
and address-signage for the residences from United Drive on the north side of
the property.
4. Phase 2 of the development plan shall substantially comply with the Proposed
Site Plan dated October 6, 2014, but shall be modified so that any the
proposed storage buildings shown in Option A or Option B are located 20 or
more feet from the western edge of the extension of the 60-foot wide north -
south access easement specified in Condition # 1.
5. Phase 3 of the development plan shall substantially comply with the Proposed
Site Plan dated October 6, 2014, but shall be modified so that the proposed
storage building is located 20 or more feet from the eastern edge of the
extension of the 60-foot wide north -south access easement specified in
Condition # 1.
6. The permitted and conditional uses for Tract 7C are restricted to B-5 uses
including retail sales and service.
7. The property owner shall maintain the landscaping on their property and from
their property line to the adjacent street or highway travel surface of Highway
93 South as applicable.
8. All utilities shall be placed underground and in locations that are approved by
the Kalispell Public Works Department in accordance with the Kalispell
Standards for Design and Construction.
Prior to the issuance of a building permit:
9. 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.
10. The proposed site plan for Phases 1, 2, and 3 of the Captain's Marine PUD is
required to be submitted to the Kalispell Site Review Committee for review and
approval prior to issuance of a building permit for any structural development.
Approval of this PUD does not convey or grant any spec authorization or
project pre -approvals relative to the duties of the Site Review committee.
11. For each phase of development, 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
Captains Marine PUD
KPUD-14-01
Page 12 of 14
right-of-ways. Street trees shall specifically be required in a landscaped
boulevard along the west side of the property adjacent to Highway 93 South.
All areas of the site not proposed for structural development, parking, and
access shall be addressed with some level of landscape treatment.
12. 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 Tract 7C. 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.
13. 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.
14. Water and sewer main extensions shall be reviewed and approved by the
Kalispell Public Works Department prior to installation.
15. 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.
16. The proposed structure for the Captain's Marine Boat and Trailer Sales and
Repair Facility is 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.
17. The proposed storage buildings depicted on the Proposed Site Plan, dated
October 6, 2014 and the Typ. Storage Building Elevations, dated October 6,
2014, 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:
18. 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.
19. Any on -site storm water management facilities shall be installed per the
approved plan.
20. All landscaping shall be installed per the approved landscape plan.
Captains Marine PUD
KPUD-14-01
Page 13 of 14
21. The bike trails shall be installed per the approved plan.
22. The property owner of Tract 7C shall obtain the appropriate permit for the
approaches 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.
Captains Marine PUD
KPUD-14-01
Page 14 of 14
PUBLIC HEARING
Ted Sokalowski, 225 Snowline Lane described fencing issues
along one of these properties where the fence is 10 feet off the
property line. Mr. Sokalowski noted that the fence cannot be
just torn down and then put up again in the right place
because the animals will get loose. Hull asked if the fence was
on the east boundary of the Northwestern Truss property and
Sokalowski said yes going east toward Demersville Road.
MOTION
Clark moved and Williamson seconded a motion to adopt
staff report KA.-08-05 as findings of fact and recommend to
the Kalispell City Council that the initial zoning for the
properties upon annexation be B-5/PUD, (Industrial-
Commercial/Planned Unit Development).
BOARD DISCUSSION
Hull stated the board feels a grid road system is really
important. He likes the existing parallel road and he added it
should be extended and other roads should intersect it. Hull
said he has appraised the Northwestern Truss property twice
and part of that property is in the floodplain and is wetlands
and is not developable.
Hinchey asked if the entire 80+ acres could be developed as
industrial uses and Conrad said the growth policy designates
this land as industrial so whatever is permitted in the B-5 or
I-1 zones would be appropriate. Hinchey added the board will
be able to review the appropriateness of the proposed
development when they review the PUD.
There was discussion on the uses that would be allowed in
the B-5 zone. Jentz said the purpose of the B-5 with the PUD
overlay is to ultimately create a well -designed project with
mixed uses that relate to each other. Hinchey said he is very
encouraged to have the PUD aspect as part of this proposal.
Williamson noted there are a couple tracts of land with this
proposal that are separated from the rest and he asked if
anyone had any concerns about trying to incorporate the
separated tracts into a cohesive plan for the PUD.
Hull said he feels if the annexation 8s initial zoning is
approved it will encourage the other properties to annex in
between. Hinchey said this would be a good start.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
None.
NEW BUSINESS
Jentz said the scheduled work session for October 28th has
instead been scheduled as a work session with staff and the
West Valley and Riverdale Land Use Advisory Committees to
discuss the Kalispell West Growth Policy Amendment. Jentz
suggested the planning board is welcome to attend but it is
Kalispell City Planning Board
Minutes of the meeting of October 14, 2008
Doses A -,PC
Planning Department
2011 Avenue East
Kalispell, Mr 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
wwwAaUsnelLcom/ulanning
November 5, 2009
Gardner Investments, LLC
Attn: Davar Gardner
P.O. Box 958
Kalispell, MT 59903 -0958
RE: Fire requirements for Tract 7C and Lot 5 of the Lost Creek Subdivision upon
annexation
Dear Mr. Gardner:
This morning Dan Diehl, Kalispell Fire Chief, and D.C. Haas, Kalispell Fire
Marshal, met with you to discuss fire related concerns for buildings located on
Tract 7C and Lot 5 of the Lost Creek Subdivision. If annexed, the fire department
will provide the fire suppression for these buildings however, no fire hydrants serve
either of the properties. It was agreed that for the small office located on Lot 5 of
the Lost Creek Subdivision the power would be cut to the building within the next
week. For the existing truss company on Tract 7C, it was agreed that annexation
could occur but a fire hydrant would be installed by you at a location approved by
the Kalispell Fire Department no later than June 1, 2009.
If you have any questions please contact me at 758-7940 or by email at
sconrad@kalispeU.com.
Sincerely,
Sean Conrad
Senior Planner
c: Kalispell Fire Department
PLANNING FOKTHr. FVruRt.
August 27, 2010
Gardner Investments, LLC
Attn: Davar Gardner
P.O. Box 958
Kalispell, MT 59903 -0958
RE: Fire requirements for Tract 7C
Dear Mr. Gardner:
Planning Department
201 1" Avenue East
Kalispell, NIT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannigg
In November of 2009 I sent you a letter regarding a meeting which took place
between you, Dan Diehl, Kalispell Fire Chief, and D.C. Haas, Kalispell Fire Marshal
to discuss fire related concerns for the building located on Tract 7C (former truss
company site). The letter reflected that during your meeting it was agreed the
annexation of the property could occur but a fire hydrant.would be installed by
you at a location approved -by the Kalispell Fire Department no later than June 1,
2009. To date, this has not been completed. Please contact Chief Diehl at 758-
7760 to determine an appropriate time frame for installation of the fire hydrant.
If you have any questions please contact me at 758-7940 or by email at
sconrad@,kalispell.com.
Sincerely,
Sean Conrad
Senior Planner
c: Dan Diehl, Kalispell Fire Department
City Manager
enclosure
October 6, 2014
Kevin LeClair
Kalispell Planning Office
201 1st Ave. E.
Kalispell, MT 59901
Re: Captains Marine PUD
Tract 7C, NW Quarter of Section 33, T 28 N, R 21 W, Kalispell, Flathead County
Kalispell Planning Review Comments September 12, 2014
Dear Kevin:
Please find our written response to your September 12, 2014 comments in the same order.
1. We are not requesting deviations from the underlying zoning district.
2. We will ask for a deviation from the requirement to pave the entire area used for exterior boat
and trailer storage. We would rather use crushed asphalt outside of the travel lanes and parking
areas within the project area to be used for exterior boat and trailer storage.
3. See plan for footprint. The sales and service bldg is to b32' high. The phase 2 option A bldgs
would be 35' high. The phase 2 option B bldg would be 40' maximum in high maximum.
4.
a., b., c. Vehicular Traffic, Parking, Pedestrian route
Phase 1—The new boat and trailer sales and service facility will be served from the two existing
approaches from highway 93. The main customer and employee parking area will be to north of the
new sales facility (34 spaces). There will be paved boat and trailer storage to the east and north of
the building. A new north -south bike and walking path will be provided running adjacent to hwy 93.
There will be a paved access road continuing to the rear of the property to serve the existing shop,
storage bldg and residences. Additional new paving will be extended over the existing gravel
roadways serving the storage building and residences to the north. There is existing parking for 16
cars located to the east of the southern residence and shop. There will be new paved parking
provided for the existing residences to the north.
Phase 2 —Additional paving will be provided to service the new dry stacked boat storage buildings —
Option A, or option B will be served from the existing paved surfaces.
Phase 3 —Additional paving will be provided to service the final dry stacked storage building.
d., e. Water and Sewer extensions
Phase 1— Water and sewer service to the new boat and trailer sales and service facility will be from
existing utilities along highway 93. Water will be brought in from where the main crosses the
APEC, Inc. Civil Engineers
111 Legend Trail, Kalispell, MT 59901 Tel 406.755.1333 Fax 406.755.1310 www.APEC-MT.com
Captains Marine PUD 10/7/2014
Page 2 of 3
highway to the south. It will be continued to the north property boundary. Sanitary sewer will
connect directly to the existing sewer main along the east side of Highway 93. Fire service
requirements will be coordinated with the city.
Phase 2 —When the existing residences are removed during phase 2 the existing septic drainfields
will be decommissioned. Water and sewer utilities will be extended at that time to the existing
workshop. The new dry stacked storage building(s) will not require water and sewer service. Fire
service requirements will be coordinated with the city.
g. Typical fencing is to be galvanized chain link — 8' high
h. Relocated pylon sign as previously submitted. See plan for location.
i. Exterior lighting will comply w/ city regulations.
i. See Plan
5. See previously submitted for Sales and Service bldg. See attached drawing for typical dry stack
storage bldg.
6. See plan.
7. See plan.
8. See plan
9. See plan
Captains Marine PUD 10/7/2014
Page 3 of 3
Narrative Format Items:
1. In looking at the Growth policy Future Land Use Map (GPFLUM) shows two small arrows vaguely
located on Lower Valley Road and Snow Line Lane. No road location or alignment was discussed or
presented as part of the GPFLUM preparation and process, nor is it shown on the Hwy 93 South Corridor
Map (Figure 12) included in the Highway 93 South Corridor Area Plan. Demersville Road however is
prominently indicated on the same map running north/south and connection Lower Valley Road to
Snowline Lane near the Old School Station. Our clients had concerns about a future road bisecting the
property from the first response to your office. A requirement from the city, before the purchase of the
property, requiring a roadway crossing this tract would have stopped the purchase of this property. This
property, as pointed out previously, will function properly only if kept in one piece. Even a road
reservation would permanently damage the intended use of this property. This intended "taking" brings
no benefit to this project and would in fact irreparably harm the business potential of the venture.
2. If allowed, Captains Marine will act as a pleasing and inviting gateway element at the southern
entrance to the city. The attractive new sales and service facility is exactly the type of business that the
city is looking for along this stretch of the southern entrance corridor. Traffic generated to and from the
site will utilize the two existing accesses onto hwy 93 as already approved by MDT which does not see
this facility as being a big traffic generator in itself. There will also be a gated entrance to a private
roadway easement to the north. We will utilize the existing city water and sewer services located along
hwy 93, extending the water service to the north edge of the site. As additional development occurs,
services will be extended as needed.
Sincerely,
Marc A. Liechti
APEC, Inc.
Enclosures
Cc: Randell Seyfert
Project File
\\Skywalker\proiects\_APEC lobs\Seyfert Ra ndell -Captains Marine - PUD-140612\Design`Shared\Submittals\PUD - City Response & Comments\10-2014 Response to Kevin LeClair\APEC
Letter to Kevin LeClair -City of Kalispell-10-6.doc
Planning Department
201 1-t Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kaHspe]U.com/ planning
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME New Captains Marine Development
1. NAME OF APPLICANT: Somers Bay Trading Co. LLC (owner)
2. MAIL ADDRESS: 120 Vista Drive
3. CITY/STATE/ZIP: Bigfork, MT 59911 PHONE: 406-755-2666
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: N . A.
7. TECHNICAL ASSISTANCE: APEC Engineering Inc.
8. MAIL ADDRESS: Ill 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.
Check One:
X Initial PUD proposal
-.,.,_, Amendment to an existing PUD
A. Property Address: 3211, 3 213 & 3 215 Hwy 93 S
B. Total Area of Property: 9.6 acres
C. Legal description including section, township & range: Tract 7C,
NW corner of Section 33, Township 28N, Range 21W
D. The present zoning of the above property is: B-5 /PUD
1
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.
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
C. 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;
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;
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.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
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.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
j. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(1). Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings
and uses proposed for buildings;
(5). Layout and dimensions of streets, parking areas,
pedestrian walkways and surfacing;
(6). Vehicle, emergency and pedestrian access, traffic
circulation and control;
(7). Location, size, height, color and materials of signs;
(8). Location and height of fencing and/or screening;
(9). Location and type of landscaping;
(10). Location and type of open space and common areas;
(11). Proposed maintenance of common areas and open space;
(12). Property boundary locations and setback lines
(13). Special design standards, materials and / or colors;
(14). Proposed schedule of completions and phasing of the
development, if applicable;
(15). Covenants, conditions and restrictions;
(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.
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.
Signature)
3
-7ill /I
(Date)
Captains Marine Development PUD Application Narrative
PUD Application Narrative
for
Captains Marine Development
City of Kalispell, Flathead County, Montana
Italicized text is verbatim from City of Kalispell PUD application, answers follow text to
complete the formal application. All supplemental information and project layouts are
included as appendixes.
E Please provide the following information in a narrative format with supporting drawings or other
formats as needed:
(a) An overall description of the goals and objectives for the development of the project, -
The intent of the new Captains Marine development is to relocate an existing boat
and trailer sales facility located south of Kelly Rd on Hwy 93 to a new location just
south of the west side Kalispell bypass on Hwy 93 providing additional needed
parking and boat storage. The new location will complement and encourage the
mixed use commercial intended for this southern entrance to Kalispell. The new
facility will include sales, office and service areas on the 14,900 s.f. main floor and
offices on a 1,800 s.f. second level.
There is an existing private residence and a small manufacturing facility located on
easternmost portion of the property. There will be no change anticipated for these
at this time although in the future this area may be used for additional boat storage.
(b) In cases where the development will executed in increments, a schedule showing the time
within phase will be completed, -
N/A
(c) 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;
NA
(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 for the plan
Landscaping requirements, storm drainage detention and infiltration of storm
water to the site will inherently provide the common open space required by the
city. In addition, at the east edge of the site there are approx. 2 acres of grass,
timber and a slough area which will remain undisturbed. This will also act as a
buffer for any future potential development to the east. See also noted site plan.
Pagel of 3
Captains Marine Development PUD Application Narrative
(e) The manner in which services will be provided such as water, sewer, storm water
management, schools, roads, haffic management pedestrian access, recreational facilities
and other- applicable services and utilities:
The development will connect to existing city water and sewer utilities available
along hwy 93. Storm water will be directed and detained via bio-swale or similar
overland storage type drainage facility per city of Kalispell standards. Emergency
overflow will be directed to the slough area mentioned previously one the east
portion of the site which would eventually feed into Ashley creek. Traffic to and
from the site will be via existing approaches onto hwy 93. No new roadways will be
added. A bike path will be incorporated into the site plan along hwy 93. Due to the
commercial nature of the project services such schools, recreation facilities, etc. will
not be required.
(0 The relationship, beneficial or adverse, of the planned development project upon the
neighborhood in which it is proposed to be established:
As mentioned above, the development is located along a stretch of hwy 93 that
already contains multiple equipment, recreational vehicle, trailer sales, automobile
dealerships, etc. and will complement and encourage the mixed use commercial
intended for this area.
(g) How the plan provides reasonable consideration to the character of the neighborhood
andpeculiar suitability of the property for the proposed use:
Located just to the south of the Kalispell bypass, the location of the development is
ideally located in that it allows direct highway access for truck or trailer delivery
without making trucks continue though the Kalispell downtown area. It also
provides the opportunity to market product to traffic continuing into Kalispell as
well as that portion opting to take the bypass to the west and north around the city.
(h) Where there are more intensive uses or incompatible uses planned within the project or
on the project boundaries, how will the impacts of those uses be mitigated:
NA
(i) How the development plan will further the goals, policies and objectives of the Kalispell
growth policy:
Located in B-5/PUD zoning which specifically allows boat sales and repairs, the
intent is to provide a facility that will enhance the entrance to Kalispell with
landscaping and boulevard trees per city standards, a bike/pedestrian path and an
attractive dealership building. It is the intent to connect to the existing city water
and sewer provided along hwy 93.
(j) Include site plans, drawings and schematics with supporting narratives where needed that
includes the following information:
(1) Total acreage andpresent zoning classifications:
Total acreage: 9.6 acres, Zoning: B-5/PUD
(2) zoning classification of all adjoining properties:
East SAG-5 (county), South I-1H (county), West I-111 (county), North I-111
(county) and B-5/PUD (city)
Page 2 of 3
Captains Marine Development PUD Application Narrative
(3) Density per dwelling units per gross acre:
N.A.
(4) Location, size, height and number of stories for buildings and uses proposed for
buildings:
15,000 sf, one story, boat & trailer sales and service.
(5) Layout and dimensions of'streets, parking areas, pedestrian walkways and
su► facing:
See attached drawings
(6) Vehicle, emergency and pedestrian access, traffic circulation and control:
See attached drawings
(7) Location, size, height, color and materials of signs:
See attached image and site plan
(8) Location and height of fencing and/ or screening.-
8 ft. high chain -link security fencing will be provided at outdoor boat storage.
(9) Location and type of landscaping:
See attached drawings — landscaping will be per city standards
(10) Location and type ofcommon areas and open space:
See attached drawings
(11) Proposed maintenance of common areas and open space:
Maintenance by owner
(12) Property boundary locations and setback lines:
See attached drawings
(13) Special design standards, materials, and/or colors:
See attached architectural schematic design
(14) Proposed schedule of completions and phasing of the development if applicable:
Estimated completion date: May 2015
(15) Covenants, conditions, and restrictions:
N.A.
(16) Any other information that may be deemed relevant and appropriate to allow for
adequate review.
As attached
End of Narrative
Page 3 of 3
0868
IR�IAIIN111111f1lllllll1111111N1111110111N111L1�1111111111111�1I Fees:W00
1 t14/20142:22 PM
Exhibit A
LEGAL DESCRIPTION
That portion of the North half of the Northwest Quarter of Section 33, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of said Section 33i thence along the North
boundary line of said Section 33, South 89056104" East 43.01 feet to a point on the East
right of way line of U.S. Highway No. 93 said point being the Point ofBeginning, thence
along the North boundary line of said Section 33, South 8905610V Bast 1320.03 feet;
thence South 00003'56" West 330.00 feet; thence North 89156'04" West 1320.03 feet to
a point on the East right of way line of U.S. highway No. 93; thence along said right of
way line North 00-04' 14" East 330.00 feet to the point of beginning.
Excepting Therefrom: that portion conveyed to the State of Montana for public highway
purposes as granted in Deed recorded June 1, 1948 AND that portion lying within the
right of way of Highway No. 93 as disclosed in the Amended Judgment and Final order
of Condemnation to the State of Montana, Montana Department of Transportation
recorded November 6, 2000, Instrument No. 2000-311-14300, records of Flathead
County, Montana.
Q o0ceumeent~Number: ^200700036390
Y
'• Lt
CUP
t
! , ■
1 11
STORAGEEMERGEN ACCESS
!
STORAGEPHASE 2 - 30'x 140" ASSOCIATED PAVING WETLAND BOUNDARY
NEW i
• ASSOCIATED
CARPORTOPTION A EXISTING N TO BE REMOVED
ws
EXISTING DRA EXISTINE RESIDENCES
ABANDONEDPHi
10
MEN
I'MEN,
1 ;
,+ .� �! �� ,�•"11��11��w�`� � AEI � � � A/ � ■
t FI
■
f � i i•
No MAW'
r�\\\\ � �►a•►•:�i�...�+'� . Y'' -r sew
'.r■ - - I��••
i
Y fN
L ■
uu
� e
r
PROPOSED
N SITE PLAN
2015 EMSTING STRUCTURE:>f
117 . BE REMOVED 1 1 r
A L�•r•• •i;. / 1
1 1
TO REMAINi4�ii��i!a!►R
AREA > 25% SLOPE
WAL WD*C
uEru SONS
ia%ntlul: �[a
wew n• m x
ann: wae.
ra. STORAGE
BUILDING
ELEVATIONS
A
401
F
i LEGEND
EMSTING WATER LINE
r IEXlSnNGSEWER UNE
EXISTING SEWER FORCE MAIN "•
GeaanlNrcelpda
Tau Id:Y82lX33-M(-=
Aefe prf6+'�ap
A 9 AprW :m A1Yex s awoou
air 0-upl
s43dlr. SO US RAY
Hk
oM*xr. seams RAY 7RApril, LA liC
Adkm OM UDNSG OR hWFOM Wr sMt
Omer.. SOMEAS stir i1w9016 M LLC
Add—'(M 3213 MWAY 93 S IALLWI LL M7599R_
$Ehw P irm Name sOME15
5Ow4ADbVtrr Numberl9
HlhSdwd MN MRMWEAD
VUO pall Weld NYmbe A
"14.1 ion of 56"
ccc I � T
.i
,
lift
• � 1
Nlp�
O n-} V, Vats.
MOM
?` .r
Ole
--'��• -
_• YF
,f
. - _ _ � {AYE• .��� � R - 1
LOCATION
y
p
mm
f
4
i
i w c ■
s
{ HGR :Al11RL5G-1 ! no —
1
U
a
pq
emxlm: >.xa
uwY' tRW
�x Ifi*qcs.
31Rti
IFICDUrr
cur
C
1
_ �xrap:aq�'i
STUDY PLAN
T
M,
nem wow.a..w.,a.�o...ns.wwer.cwc.
9MT. v�YO+R MIKi�QOtita�LAGw Fc,
�crnOrvnp[nfgxWMf bl v R wNP�
Cawr��rnCK�cu�r+K �.�i�nex
rWgfp�Or RIV/G�60aiwA:l�n Rs m
I-
A-2
z:
�l
a
F �f
CLIENT
n�
r
nm4
6/26/2014
� u Frdminvy Drauings Not for GonstrudW
/RP'R0r6nr0't•�wm4[LwFM.'LTGR K.
vcNaonm�nu ocawn+wiorK rc.rw
carKn.�cmia rsaniaeaa�.u�v
oohcra coRrwm ny.ona�wrnei.i.nni
AM0lOIiC'RTOKN WHRRW'LM iY D
np1�ImI�K IHr�JIR�IYOU ipw[UM WR
A-3
z�
0 U
z m
LU
na.p�lYM
•WiF•iiP11
C 1
I—
1-
�f
CLIENT
4
A
RLY
-V-6F-a4
"""' PmUnOhmV Vtadngs Not for Constru lm
need to get together and determine how to go about having a right
of first refusal for every home sale that occurs within '/2 block of
Flathead High School and the district should come up with a plan
for land acquisition.
Matulevich said the single space per parcel was a good suggestion.
It doesn't require bureaucracy to manage it and only requires
someone to put green paint on the curb. He also suggested that the
City of Kalispell could waive the stormwater treatment
requirements so that the district could maximize the amount of
parking that they could put on any piece of land that they acquired.
When students are classified as a sub -standard class of citizens and
are excluded from the ability to park on public property that is bad
government. He strongly urged the board to recommend to the city
council that they do not institute a parking district. The problem
needs to be solved in other ways.
Grace Cady, 911 8t' Avenue West said one issue that hasn't been
properly addressed is the "Graduation Matters" effort. It is
important to get the kids to school and if you want the kids in
school, getting a diploma and at Flathead High School then you
have to make that easy for them.
Casey Petek (no address provided) said she just came back from a
volleyball game in Missoula and was picked up by her mother
because if she had ridden the bus she would have arrived between
11:45 and midnight. She read from a letter that was provided to the
board prior to the hearing dealing with the safety issues that are
faced by the athletes having to walk to their vehicles in the dark
and with the sex offenders in the neighborhood. Please keep the
students safe.
BOARD DISCUSSION
President Graham noted they have received a lot more information
on this issue that needs to be considered by the board. He asked for
a motion to table this item to the October 28, 2014 work session.
MOTION
Lorch moved and Regier seconded a motion to table the discussion
of a parking district near Flathead High School to a work session to
be held on October 28, 2014.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD MEMBER
Board Member Osorio-Khor returned to her seat.
RESEATED
OLD BUSINESS:
CAPTAIN'S MARINE
A request from APEC Engineering, on behalf of Captain's Marine
Kalispell City Planning Board
Minutes of the meeting of October 14, 2014
Page 9 of 17
PLANNED UNIT (Somers Bay Trading Co. LLC), for a Planned Unit Development
DEVELOPMENT for the development of a boat and trailer sales and service facility
consisting of 14,900 square feet of sales, offices, and service areas
on the main floor and 1,800 square feet of offices on the second
level. The PUD proposal also includes associated parking,
landscaping, and public utility connections and extensions as
needed or required. The property is located at 3215 Highway 93
South.
STAFF REPORT KPUD-14-01 Kevin LeClair, representing the Kalispell Planning Office recapped
the revised staff report sent to the board. At the last meeting the
proposal submitted was a single-phase of the development on the
western half of the property. The owner/ applicant wanted to have
the full PUB reviewed so they provided additional materials for the
staff s review.
This PUD application consists of three phases of development on
the property: Phase 1 is the boat and trailer sales facility, associated
parking lot, landscaping and access to some of the other buildings
that exist on the property; phase 2 is the addition of boat and
storage facilities and wood -framed metal sided buildings that
would be available for dry storage. Also included in phase 2 is the
removal of the three residential structures; and phase 3 is an
additional boat storage facility on the far eastern part of the
property.
LeClair described the dimensions and building uses currently on
the property. He noted there is a slough area on the eastern portion
and geotechnical information will have to be obtained in order to
determine how close to the steep slopes the owner will be able to
build. He also reviewed the elevation drawings and a site plan of
the PUD.
LeClair reviewed the PUD placeholder that was put on this
property by the Gardners' which was set up to provide access to
city services and when the property was developed a full PUD
application would have to be submitted. LeClair noted since then
full PUD applications were submitted and approved for Fred's
Appliances and the Volkswagen dealership that was to be located
on the northeast corner of the PUD. Both projects included
development of not only how the applicant would use the property
but also how it would integrate with the overall mixed -use
industrial business park that was planned when the PUD was fully
developed. The same is true for Captains Marine. Not only will
they have to look at how this property will be developed for the
owner but also look at how it will integrate with the overall PUD
even though the balance has not been developed.
LeClair noted the Growth Policy always intended for an internal
Kalispell City Planning Board
Minutes of the meeting of October 14, 2014
Page 10 of 17
routing system in this area that would create additional access
points for the properties as it was built out.
Condition #1 is the placement of a no -build area that would extend
the 60 foot R/W of United Drive south across the property. The
city would require that this area be reserved so that in the future
when development occurs that warrants access, it will be available.
LeClair added with the information submitted by the developer it
appears there are other building placement options that would still
provide adequate access to the buildings and other areas of the
property and therefore condition #1 can still be met and allow them
to use the property as they proposed.
LeClair referenced an email from the city's Public Works
Department, copies of which have been given to the board, which
raised concerns with condition #1 and how the condition was
meeting the policies in the City of Kalispell's Extension of
Services Plan. LeClair reviewed the memo and indicated that the
Public Works Department has requested that additional language
be added to condition #1 to state: "A no protest to a special
improvement district for roadways is required to be constructed as
a result of future development shall be signed and submitted by the
owner." LeClair said that would add a level of protection to ensure
the R/W would be available if and when a roadway would be
required in that area.
Staff recommends that the Kalispell Planning Board adopt the staff
report KPUD-14-01 as findings of fact and recommend that the
Kalispell City Council approved the planned unit development
subject to the 22 conditions of approval as amended.
BOARD DISCUSSION Osorio-Khor said when she was first appointed to the board they
were working on the growth policy and it was pointed out to her
that planning was flexible and we didn't need to fixate on the
specific wording. She said condition #1 bothers her because this is
one lot, one business and the idea of bisecting it, basically turning
it into two lots, seemed odd and not what the owner was proposing
in the first place. In addition it is a safety issue with employees or
customers having to cross a city street to get to the other portion of
the business. The road would not connect to anything and if we
insist that a portion of his property be condemned so that a road
can be put in she asked if the city would compensate this property
owner for the loss of his property. LeClair said no, that is not
proposed at this time.
Young said staff is trying to highlight the need to take a step back
and look at the Gardner Investment PUD that was put into place.
As a condition of that PUD and for the privilege of being annexed
Kalispell City Planning Board
Minutes of the meeting of October 14, 2014
Page 11 of 17
into the city the Gardner's PUD was allowed a placeholder status.
Part of that status is that you have to provide a long-term plan that
shows roads, sewer and water and he added there was always a
suggestion that a road would be there. Young said this is an issue
between the owner/developer and the person that he purchased the
property from. The property was allowed to be annexed into the
city on the condition that the whole property would be considered
and because they only bought one chunk is unfair to say they are
no longer a part of the overall PUD.
Graham noted there is an island of the PUD further to the south and
if the road was not required through the Marine property the island
would not be connected to the rest of the PUD in the future.
There was lengthy discussion regarding the PUD placeholder, the
properties included, a lack of an infrastructure plan for the entire
PUD, and the ability to do a full PUD for a single parcel or an
assemblage of parcels in order to develop an overall development
plan for an area.
In relation to the roadway no -build area the city is not requiring a
roadway easement at this time because there are no other
development plans to the south and it is not warranted. No public
access will be allowed and the owner can still use their property
with the exception of the 100 foot no -build area. Further
discussion was held.
Young asked for an explanation of how the waiver of protest to a
special improvement district would be set up and LeClair
explained.
APPLICANT/TECHNICAL Kim Larson, APEC Engineering said they don't have a problem
SUPPORT with most of the findings in the staff report with the exception of
condition #1 and they request that the condition and associated
references in conditions 4 & 5 be deleted.
The 60 foot access easement (approximately 1 acre of the property)
would bisect the property contrary to the best interests of the
owner. The intent of purchasing the 10 acre property was to have
one consolidated sales/service/boat storage facility and the
easement would severely limit the owner's flexibility in further
development of the property. The issue is complicated by the
existence of a wetland area on the east portion of the property with
a 100 foot setback further reducing the area remaining for
development on the eastern portion of the site. The required storm
water retention area west of the wetland will also cut into the area
left.
Kalispell City Planning Board
Minutes of the meeting of October 14, 2014
Page 12 of 17
By providing a phased development plan with adequate traffic
circulation to serve the area in the rear of the property they can
responsibly develop the property without the north -south roadway.
Larson indicated the roadway only shows up on the Growth Policy
Future Lane Use Map as two small arrows on Lower Valley Road
and Snowline Drive and nowhere else. Larson concluded by saying
there are frequent references in the staff report referring to the
growth policy and please keep in mind that the growth policy is
only a guideline and does not necessarily constitute law. They need
to do what makes sense and it is not sensible to take that road
through at this time, or at all.
Randall Seifert, Somers Trading Company and owner of Captain's
Marine quoted from an article from the Daily Inter Lake that states:
"While the growth policy is an official public document it doesn't
create law or regulate development. It is rather a community guide
for making land use decisions." Seifert said he feels the city is
regulating that he has to have an easement and although it has been
referred to as a no -build zone it still prevents him from using his
property the way he wants.
Seifert said he keeps hearing the discussion that these lots are deep
and narrow and he can't develop the back half. He said his plan
clearly shows that you can develop a piece of property well. In fact
there is such a small percentage of land that is actually usable in
the back the argument to develop a road to further develop the back
of the lot doesn't really make a lot of sense.
The maps he has seen, including the city maps, have always shown
United Drive turning to the north of his property and to suggest that
he would have known or had any belief that there was a road that
was supposed to go through the middle of his property is just a bit
off. The bottom two properties of the PUD already have good
access through Highway 93 South and Snowline Drive so those
properties shouldn't even be in the discussions.
Seifert continued that although it is currently called a no -build zone
it is an easement because the city is saying he can't do what he
needs to with his property and he isn't getting any compensation
for it.
Seifert pointed out that he is also requesting approval to use
crushed asphalt in some of the parking areas. He noted the area is
for boat storage and there won't be cars driving over it all the time.
MOTION Young moved and Pesola seconded a motion to adopt revised staff
report KPUD-14-01 as findings of fact and recommend to the
Kalispell City Council that the planned unit development for
Captain's Marine be approved subject to the 22 conditions listed in
Kalispell City Planning Board
Minutes of the meeting of October 14, 2014
Page 13 of 17
the staff report.
MOTION TO AMEND
Lorch moved and Pesola seconded a motion to adopt the
CONDITION #1 AS
amendment to Condition #1 recommended by the Public Works
RECOMMENDED BY THE
Department to add the following statement: "A no protest to a
PUBLIC WORKS
special improvement district for roadways is required to be
DEPARTMENT
constructed as a result of future development shall be signed and
submitted by the owner."
BOARD DISCUSSION
Regier asked if the applicant would be opposed to a jog in the road
and moving it more towards the back of the property and Siefert
noted that would actually take up more of the land. Jentz said the
road needs to connect at the north and south ends but it could wind
through the property.
Pesola said he supports the amendment because should there be a
need for a road in the future there would be a means to have it
built. He added there is no requirement to build the road at this
time.
Osorio-Khor clarified is the motion that condition #1 as it presently
is written will be amended to add the language recommended by
the Public Works Department and Graham said yes. Osorio-Khor
added then the next step would be to determine whether condition
#1 remains as a condition and Graham said yes.
ROLL CALL — AMENDMENT
The motion passed on a roll call vote of 6 in favor and 1 opposed.
TO CONDITION # 1
BOARD DISCUSSION
Lorch asked where the crushed asphalt is proposed to be placed
and Seifert said for exterior areas used for boat and trailer storage.
Osorio-Khor stated she has a great deal of difficulty with condition
#1. She thinks it is unnecessary, doesn't make sense and isn't good
planning. She was assured by the board that the growth policy was
flexible and she agrees we need to be flexible otherwise it is almost
as if we are making it punitive to do business. She understands the
concept but on this particular property with this configuration, with
the wetlands and the fact that it is one business, and whether this
roadway gets built now or 40 years from now she will not be
voting in favor of the PUD with condition 41.
Graham said he understands Osorio-Khor but there was a lot of
work done on the original Gardner PUD overlay in 2008 and it had
a designed purpose and Graham has a hard time moving away from
that purpose. Street connectivity was planned and without that it
would disconnect the lower portion of this PUD from the intended
PUD overlay as a whole stopping city growth south.
Kalispell City Planning Board
Minutes of the meeting of October 14, 2014
Page 14 of 17
Further discussion was held regarding location of the utilities,
extension of services, and the need to secure R/W for future road
extensions, should development warrant those extensions.
MOTION TO STRIKE Osorio-Khor moved to strike condition #1. The motion failed due
CONDITION #1 1 to a lack of a second.
BOARD DISCUSSION Young asked if Public Works had any comments regarding the
developer's request for a variance on surfacing materials and
LeClair said it was not discussed with Public Works as the city
didn't have enough information from the developer. In other
projects in the city there are often requests to use a soft surface for
any kind of storage areas which is generally not allowed.
Graham said this came up with Kalispell Toyota's expansion of
their lot and when it comes to deviations we have to apply equal
application of the design standards. LeClair said in order to have
parity on projects the idea is that you pave the areas that you are
planning to use for parking and circulation. Parking of motor
vehicles also includes trailers. The fact that it might be incidental
or slow moving is not really a consideration. There are also air and
storm water quality issues and without any justification the city
would deny the request.
Lorch said that is why he asked for clarification on the variance
request because he couldn't see where on the plan this material
would be used. It would be hard to respond without specifics.
Lorch added he would probably have more sympathy toward that
request in the 100 foot no -build area which could also reduce the
area required for storm water and could enable the back portion of
the property to be more usable.
LeClair noted the board could make a motion to add a condition
that a crushed asphalt surface could be used in areas of the no -build
area, outside of parking and circulation for incidental storage or
something along those lines. Anyone who has dealt with
development within the city knows that a hard line is drawn on this
issue. When you talk about paving your parking and access
circulations areas and having the rest of the area landscaped with
something that is desirable it makes the quality of the development
look better in the long run v. having rough parking fields.
Osorio-Khor said the board is supposed to serve as a balance.
Everything is a guideline and we are trying to do what we think is
best. She doesn't see any problem with them using the crushed
asphalt and also allowing this material in the 100 foot no -build area
as suggested. LeClair noted that the paving standard is not a
Kalispell City Planning Board
Minutes of the meeting of October 14, 2014
Page 15 of 17
guideline it is a regulation that is applied to every project that
comes in to the city. Osorio-Khor said just because something is a
rule doesn't mean that there aren't exceptions to a rule.
Young said he has used recycled asphalt and it can turn out great
but as an advisory board we would be ill-advised to tamper with
city standards that are probably incorporated by ordinance from the
city council.
LeClair said it might be entirely appropriate to ask for a deviation
of this standard but it needs to be done in a very limited and
confined way because when you approve a deviation for one
developer it cascades to the next project and then the next. LeClair
said he doesn't think it is necessarily a bad idea for storage around
the outbuildings on the back part of the property. The city would
need to have additional information on what areas the crushed
asphalt would be placed.
Lorch clarified that his suggestion was for areas of non -circulation
and recognizes the fact that the owner of the property isn't going to
be able to invest a lot in the no -build area without it being at risk
when further development occurs.
MOTION — REQUEST FOR Lorch moved and Regier seconded a motion to add condition #23
PAVING SURFACE that states as follows: "A variance is granted to allow the use of
MATERIALS VARIATION recycled asphalt for parking and boat storage and on the non -
circulation areas in the 100 foot no -build area."
BOARD DISCUSSION I Jentz noted that this variance would not be a substitute for the
landscaping requirements within the development.
Osorio-Khor asked if the city often allows PUD's that have islands
of county land in between the city properties and LeClair said yes.
Osorio-Khor asked if there have been road requirements like this
and LeClair said there have been discussions on how the properties
will be integrated in the future and Jentz added with Glacier Town
Center there were 4-6 roads that went straight north out of that
property, so yes it is a normal condition. The difference is they
would have been using those roads after the property was
developed. LeClair added in an ideal situation you might bring
United Drive into this property and actually have a cul-de-sac that
would terminate at the southern boundary so there would be a
turnaround. Right now there would be a dead end road which is an
undesirable condition for people who are driving south on United
Drive as they have to turn west and drive across an easement that
may be other people's private property.
Osorio-Khor asked if the areas of the recycled asphalt would be
Kalispell City Planning Board
Minutes of the meeting of October 14, 2014
Page 16 of 17
determined by the applicant and if so if that wording is part of the
condition and LeClair said not as part of the motion but anytime a
structure comes in for development it would go through Site
Review and the conditions of the PUD would be reviewed at that
time. Osorio-Khor thought the wording should be included in the
motion and LeClair noted the applicant can propose anything they
would like but added final engineering rarely matches the original
conceptual designs.
ROLL CALL - VARIANCE
The motion was approved on a roll call vote of 5 in favor and 2
opposed.
BOARD DISCUSSION
Osorio-Khor said she does not like condition #1 and she will be
voting against it.
ROLL CALL — ORIGINAL
The motion was approved, as amended, on a roll call vote of 5 in
MOTION
favor and 2 opposed.
NEW BUSINESS:
None.
ADJOURNMENT
The meeting adjourned at approximately 10:40 p.m.
NEXT MEETING
The next regular planning board meeting is scheduled for
November 12, 2014 (Wednesday due the Veteran's Day Holiday)
beginning at 7:00 p.m. and located in the Kalispell City Council
Chambers, 201 1 st Avenue East, Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / /14
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of October 14, 2014
Page 17 of 17