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Ordinance 1756 - Amend Zoning to B-2, TKG Spring Prairie Phase 4A X 'Ay- 201500019784 I l i l l l l l l l l l l l l l l l l l i l l l l l l l III I I II I I III I I I IiI I I N i i l 11 l i l Page: i of 9 Fees: 5P 63.00 -. Debbie Pierson. Flathead Countv MT by NC 8/26/2015 1$030 AM 'A 03 ORDINANCE NO, 1756 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677)9 BY ZONING CERTAIN REAL PROPERTY, DESCRIBED AS A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A99 (PREVIOUSLY ZONED CITY P-1 (PUBLIC) TO CITY B-2 (GENERAL BUSINESS) WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, TKG Spring Prairie Development Phase Four (TKG) petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-2, General Business, with a Planned Unit Development overlay; and WHEREAS, the property is located on the southwest comer of US Highway 93 North and Old Reserve Drive; and WHEREAS, the petition of TKG was the subject of a re -port compiled by the Kalispell Planning Department, Staff Report #KPUD-15-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned City B-2, General Business, with a Planned Unit Development overlay, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 10, 2015, and recommended that the zoning be City B-2, General Business, with a Planned Unit Development overlay, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business, with a Planned Unit Development overlay, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 lei and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and Stauw,, Etc. v. Board of Countv Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KPUD-15-01. 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-2, General Business, with a Planned Unit Development overlay. SECTION 2. The Planned Unit Development proposed by TKG upon the real propert described above is hereby approved, subject to the following conditions:1 That the development of the site will be in substantial conformance with the preliminary plat documents entitled Spring Prairie 4 and associated submittal drawings which shall govern location of the lots,, easements, roadways, signage, landscaping, materials and pedestrian access facilities. Those documents are listed below: 0 Site plan 0 Conceptual elevations 0 Lot layout 0 Site utility layout 0 Phasing plan 0 Grading plan 0 Grading promes 0 Landscape plan 0 Materials list 0 Sign Exhibit 2. The preliminary plat approval for the development shall be valid for a period of three years from the date of approval. 3. All the,permitted uses listed under the B-2 (General Business) Zone are permitted except for the sales of auto, boatsmotorcycles, etc. In addition, all of the uses which may be permitted by Conditional Use Permit are prohibited. 4. The landscape berm on the west end of the property located behind the anchor lots mu be installed as shown on the grading and landscaped plan. The intent of the landscap is berm is to create a baseline height to shield the loading docks behind the anchor store S, The berm will need to be landscaped in accordance with Parks and Recreation', requirements by using conifers and deciduous trees planted at an intensity to create visual barrier from the commercial development. 5. The recreational area on the south end of the property leading from the development int Kidsports shall include a 10 feet wide paved path, picnic areas and grading acceptable t Kidsports . This area shall be landscaped in accordance with the submitted landscap, plan. These areas must be implemented to the satisfaction of Parks and Recreatio Department and Kidsports. I 6. The retention pond on the south end of the property shall be designed in a way that it becomes a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture is prohibited. The developer shall work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the pond will act as an entrance feature, rather than a private maintenance utility facility. 7. When looking towards the development from Kidsports, landscaping should be of the intensity to create a visual barrier. 8. Total allowed signage for the development shall be calculated as a shopping center. Within that allowed area, signage for the development may include up to two freestanding signs. One sign Type 2 on Reserve Loop and one sign Type 3 on US Highway 93 as shown in the sign exhibit. All other provisions related to signage under the Kalispell Zoning Ordinance shall apply. 9. Architectural design shall be provided as listed below: a. Exterior wall colors should harmonize with the site and surrounding buildings. The predominate tone on building faces should lend toward warm earthy hues, whether, in the natural patina or weathered color of the wall surface itself or the color of the paint stain or other coating. The color ot concrete products on building frontages should not be achieved from painting the surface. The use of materials such as wood, brick or stone for trim material is encouraged. b. Four sided architecture is required for all structures and buildings. Large, rectangular masses should be avoided by incorporating offsets in the wall and roof. A change in the plane of the walls, changing the direction or providing some variety in the roof form gives diversity and visual interest. Facades greater than 120 feet in length shall have variation and interest in the wall. Among other thimys, ma or landscaping, significant tree planting, use of color or building materials or architectural treatments will be in order. C. The building should place an emphasis on entry. Entries should be prominent component of the building face by providing an architectura covered or recessed entry with modified roof accent and increased usage o., windows and trim. d. Franchise architecture may be subject to modification to achieve the building St yle objectives. e. Architectural elements of the front of the building shall be incorporated into the back of the buildings when the back of the building is visually accessible to US Highway 93, Reserve Loop and Kidsports. Walls and surface planes should be broken up in such a manner as to create a visual interest, avoiding monotony. f. All roof mounted equipment, i.e. HVAC, should be shielded from all views. 10. Pedestrian access shall be provided as listed below - a. A minimum 10 feet wide pedestrian bike trail shall be constructed along the entire US Highway 93 frontage. The bike path shall be integrally designed into the landscape plan required between the curb line of US Highway 93 ant the 20 feet required landscape buffer. The pathway shall be as linear as possible and shall not have any bollards obstructing movement. When a bus stop is installed within the public right-of-way a connectivity trail is required connecting the bus stop to the bike pathway. b. All the required sidewalks shall have a 7 feet landscaped boulevard of sod, street trees and a 6 feet sidewalk. The landscaped boulevard shall be fronting the internal streets to buffer pedestrians from the traffic. The exception to this condition is the sidewalk fronting the anchor stores, which does not require the 7 feet landscaped boulevard. C. Prior to Certificate of Occupancy; the tenants in lots and I shall be responsible for putting in landscape boulevards and sidewalks along the western portions of their lots; outlots A, B, C, E, G and I shall install the landscape boulevards and sidewalks along the south end of their lots and outlots J and B shall install landscape boulevards and sidewalk along the east end of the lots. It is intended that upon full development the outlots will have pedestrian access with boulevards along all three sides of the outlot clusters between the main ingress and egress points. d. Prior to Certificate of Occupancy, any outlot with a building on it shall have a minimum 6 feet wide sidewalk connecting it to the bike paths along either Reserve Loop to the north or US Highway 93 to the east. r-I %We Two east -west sidewalk corridors are required through the main parking lot generally as shown on the submitted site plan. Or modified as necessary to achieve better pedestrian flow by site review committee. These sidewalks also need to have a minimum 7 feet landscape boulevard of sod and street trees between the sidewalk and parking access road. All sidewalks located within parking lots shall have a raised concrete surface for separation from traffic and parking. Where sidewalks cross traffic lanes, the sidewalk may be at grade but shall be constructed of colored or textured concrete,, stone or other contrasting material to visually denote a pedestrian way. Painting the walk area is not adequate. In the event a tenant wants to place architectural/visual features within the sidewalk entrances there must be additional space provided. The require,'t sidewalk area should not be blocked by anything that can limit pedestrian movement. h. A pedestrian pathway is required to be placed on the south end of the subject property connecting the commercial development to Kidsports. The pathway directions should generally be north to south and connect the parking facilities of the commercial development to an existing improved pedestrian access way in Kidsports. The pathway from Kidsports as it enters into the development should be redesigned to create a safe and inviting atmosphere. As opposed to the current design where it is situated between the truck turnaround and retention pond. j Public utilities within the right of way should be landscaped to shield them from view. 11. Transportation and parking: a. General access to the commercial district from Reserve Loop to the north and US Highway 93 to the east shall be limited to 5 approaches as approved by MDT. b. All uses shall have direct access from the internal road system. No direct access to a particular building shall be permitted from Reserve Loop or US Highway 93. C. All roadway improvements shall be built in accordance with City of Kalispell road design standards. d. Roadway design shall include provisions for landscape boulevards and sidewalks (Refer to condition 12. Development of an overall landscape plan addressing public and private street boulevards, street trees, perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the City Parks Director for approval in writing prior to installation. The landscape improvements in the public right-of-way shall be installed or bonded for at time of final plat. The landscape improvements serving individual buildings or tenants shall be addressed at the time of building permit issuance. In particular the landscape plan shall address: a. All landscape buffers, boulevards, tree planters, landscape islands, tree wells, etc. and common areas with live landscape materials shall be provided with adequate gation. b. The developer or future leases shall be responsible to insure the live landscaping is maintained in "live" condition. C. An im* gated corridor of at least 20 feet in width shall parallel the road right- of-way of US Highway 93 including undulating topography and have a mix vf tree plantings with a ground cover of predominately sod. d. All landscape islands within parking lots shall incorporate predominately living materials including trees. In parking lot islands, shade trees shall be placed in such intensity and location as to form a canopy where they cover or line sidewalks and wherever they are used, a visual break from the open asphalt parking areas surrounding it. e. Landscape boulevards should be planted with street trees every 40 feet. f. The use of any form of bark, mulch, rock, etc. shall not be used as a primary method of landscaping. These materials may be used to augment live landscape features upon approval by the Parks Director. If rock is to be used it must be I inch or less fractured. 1-4 inch diameter river rock is prohibited. 9- In high traffic areas, an urban design approach to islands (concrete with trees in grates or patterned/colored concrete type designs) is required. 13. 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. -1-4. A proposed site plan for Spring Prairie Phase 4 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. 15. Any proposed structure for Spring Prairie Phase 4 PUD 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. 16. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 17. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 18. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. 19. A stormwater management plan shall be submitted for approval. The plan should highlight how the retention pond will generally be maintained in relation to vegetation, liter, etc. t 0. Prior to final plat a letter from the Kalispell Public Works Department shall be submitted statima, that all new infrastructure has been accepted by the City of Kalispell or a proper %-I bond has been accepted for unfinished work. 21. The traffic impact study for the project site shall be reviewed and approved by the Public Works Department and where appropriate, the Montana Department of Transportation in order to determine the appropriate mitigation as the project develops. 22. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto Reserve Loop and US Highway 93. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. 23. Prior to final plat all mitigation required as part of the approved traffic impact study shal, be completed. All improvements shall be reviewed and approved by either the Publi Works Department or Montana Department of Transportation. A letter from th Kalispell Public Works Department or Montana Department of Transportation shall b submitted stating that all new infrastructure has been accepted by the City of Kalispell o, State of Montana. If infrastructure work has not been accepted, a letter stating that proper bond has been accepted for the unfinished work by the appropriate agency i required. 24. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. 25. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdon. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. 26. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 27. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Department of Natural Resources and Conservation (Kalispell Subdivision Regulations, Section 3.21(H)) f two-thirds of the necessary public infrastructure for this subdivision 28. That a minimum 0 shall be completed ® to final plat submittal and that both the water and sewer systems serving this phase be operational. 29. 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 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 KALISPELLMONTANA, THIS 4TH DAY OF MAY., 2015. 1 ATTEST,- - ---------- AAee Brunckhorst, CMC City Clerk EXHIBIT 66A99 PORTION