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E1. Ordinance 1748 - Captain's Marine Planned Unit DevelopmentPLANNING FOR THE FUTURE REPORT TO , FROM: SUBJECT: MEETING DATE: MOPff"A Doug Russell, City Manager �lZ' Kevin LeClair, Senior Plaimer Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 755-7940 Fax: (406) 758-7739 www.kalispell.coin/RlannL"qg KPUD 14-02 - Request for Planned Unit Development for Boat and Trailer Sales and Repair Facility December L 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, Lange 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-51PUD 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 parr 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 41, 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. The matter was scheduled for consideration by the Kalispell City Council at their regular meeting on November 3, 2014. At that meeting, at the owner's request, the Council tabled the discussion until the December 1, 2014, regular meeting. RECOMMENDATION: It is recommended that the Kalispell City Council approve the Plaruied 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: Aimee Brunckhorst, 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 (INDUSTRIALICOMMERCIAL), 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 Louver 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 913 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 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 reauired 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) Afire 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. d. 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 DECEMBER, 2014. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor