Ordinance 1748 - PUD Overlay - Captain's MarineReturn to:Fees: IIIII IIIII IIIII IIII 11111111111111 Page: I o oos6
Kalispell City Clerk Debbie Pierson, Flathead County MT by NC 1/16/2015 2:00 PM
PO Box 1997
Kalispell, MT 59903
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 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. #KPUD-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
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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 roadways 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.
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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.
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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.
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SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 15TH DAY OF DECEMBER, 2014.
ATTEST:
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Mark Johnso
Mayor
AhWee Brunckhorst, CMC
City Clerk
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Exhibit A
Legal Description
Somers Bay Trading Company, LLC, d.b.a. Captain's Marine
Planned Unit Development Overlay— KPUD-14-01
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 33; thence along the North boundary line of said
Section 33,
South 89°56'04" 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 of beginning; thence along the North boundary line of said Section 33,
South 89°56'04" East 1320.03 feet; thence
South 00°03'56" West 330.00 feet; thence
North 89°56'04" 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 highway purposes in Deed
recorded June I, 1948 in Book 292, Page 339, records of Flathead County, Montana.
ALSO EXCEPTING THEREFROM that portion grant to the State of Montana, acting by and through the
Montana Department of Transportation as disclosed in the Amended Judgment and Final Order of
Condemnation filed under Cause No. DV-00-48 and recorded November 6, 2000, as Instrument No.
2000-311-14300.
TOGETHER WITH a permanent, private, appurtenant easement for ingress and egress across and along
the portion of the private roadway as shown on Exhibit A "Cross Hatched Area." Which runs north and
south through Grantor's separate property partially described as Tract 1 of COS 17238, located in the
SW1/4 SW1/4 of Section 28, Township 28 North, Range 21 West, Flathead County, Montana.
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