Ordinance 1542 - Zoning - Hutton Ranch Plazaa
: Clex :.. � 1
t:yctJ c,
2 G" 19 2........... . .... -7
,
Pic) fo-j'197 "INANCE No. 1542 mn ...............
,AN ORDINANCE To AMEND SECTION 2' . 2. 10, OFFICIAL ZONING MAP, CITY OF
KALI SPELLS ZONING ORDINANCE, ORDINANCE NO. 1 9 Y ZONING CERTAIN
REAL PROPERTY MORE PAWrICULARLY DESCRIBED AS TRACT 1A of
CERTIFICATE OF SURVEY NO, 17132, A TRACT OF LAND LOCATED IN AND BEING
A PORTION OF THE SOUTHEAST QUARTER of THE NORTHWEST QUARTER
(S'E'/4NW1/4), THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER.
(NE'/4SW'/4). AND GOVERNMENTS LOTS 2 & 39 ALL IN SECTION 31., TOWNSHIP 2
NORTH, AGE 21 WEST, P.M.M,, FLATHEAD COUNTY, MONTANA, (PREVIOUSLY
Y
ZONED COUNTY SAG- . , SUBURBAN AGRICULTURAL) ALA CITY -2 (GENERAL
BUSINESS), WITH A. PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE
WITH THE KALISP LL GROWTH POLICY 2020, AND TO PROVIDE ANEFFECTIVE
DATE.
WHEREAS. Hutton Ranch Plaza Associates, LLC, the owner of the property described above,
petitioned the City of Kalispell that the zoning classificatlon attached to the above
described tract of land be zoned B-2. General Business with a Planned Unit
Development overlay on approximately 46 acres of land, and
WHEREAS, the property is located on the east side of US Highway 93 between Flathead Valley
Community College aDd Mountain view Plaza, and
WHEREAS, the petition of Hutton Ranch Plaza associates was the subject of a report compiled
by the Tri-City Planning office, Staff Report KA-o -10 KPU -0 -5, in which the
`ri-City Planning office evaluated the petition and recommended that the property as
described above be zoned -2,1 General Business, with a Planned Unit Development
overlay, and
WHEREAS, the Kalispell City Planning; Board held a Public Hearing on the ratter on June 1.4,
�005, and recommended that the initial zoniDg be City -2, General Business with a
Planned Unit Development overlay, upon annexation to the City of Kalispell, and
WHEREAS., after eonsiderin.g all the evidence submitted on the proposal to zone the property as
described - , General Business with a Planned Unit Development overlay, 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 -3 -608, M.C.A., and State,
Etc. v. Board of County Cor. issio e s t.e. 590 T2d 602, the findings of fact of
C o as set forth in Staff Report No. KA-05-- KPUD-o - .
Nov THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of
KA. l SPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the official Zoning .map of the Kalispell Zoning
Ordinance, (ordinance No. 40) is hereby amended by designating the
property described above as -2, General Business with a Planned Unit
Developmentoverlay on. approximately 46 acres.
2006192 631470
SECTION 11. The Planned Unit Development proposed by ,button Ranch Plaza Associates
upon the real property described above is hereby approved, subject to the
following conditions:
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the planned unit development as approved by the city council.
(Kalispell Subdivision Regulations, Appendix C T Final Plat
2. That the plans and specifications for all public infrastructure be designed and in accordance
with Kalispell's Standards for Design. and Construction Standards and a letter shall be
obtained stating; that they have been reviewed and approved by the Kalispell Public Forks
Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
�. A letter shall be submitted with the final plat ftom an engineer licensed 1n the state o
Montana certifying the improvements have been constructed in accordance with the approved
plans and specifications. As built drawings shall be submitted to the Kalispell Public works
Department prior to final plat submittal for the completed infrastructure. A letter from the
public works department shall accompany the engineer's certification stating that this
condition has been met or otherwise adequately addressed (Kalispell. Subdivision
Regulations, Chapter 3, Design Standards, Section 3.0
. The proposed development ent area within the site shall be substantially the same as indicated on
the preli-urinary site plan submitted with the application or as modified by these conditions.
. That the internal access road at the southwest portion of the site providing access to the
property to the south be constructed as a frontage road and that the parking aloe; the frontage
road be eliminated. The road design shall be co-ordinated through the Kalispell Public works
Department. (Site Development Review Committed
6. The following requirements shall be met per the Kalispell Fire Department: (Kalispell
Subdivision Regulations, Section. 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per ON
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code 2003 Appendix B.
. Fire hydrants shall be provided per City specifications at locations approved by this
department,, prior to combustible construction.
C. Fire Department access shall be provided in accordance with International Fire Code
(2003) Chapter 5.
d. It should be noted that hazardous weed abatement shall be prov .ded in accordance
with City of Kalispell ordinance 10--8.
c. Street naming shall be approved by the fire department.
6V4
7. A plan shall be developed and in piak9h tIAAses the grading, revegetation, irrigation and
maintenance of the undeveloped areas that creates a weed free, dust -free area until such time
as that phase is fully developed prior to construction.
. That a comprehensive traffic impact study be completed which identifies all. expected traffic
impacts and proposals for mitigation, and that appropriate approach permits be obtained from
the Montana Department of Transportation and the City of Kalispell.
. That pedestrian walkways be provided as indicated on the site plan that provide a. continuous
and connected system with the existing walkways along Highway 93 including a sidewalk on
both sides of the main entrance road separated by a minimum five .foot landscape buffer.
1.0. That landscaping be completed in substantial compliance with the plan that was submitted
and would be subject to review and approval by the Parts and Recreation Department. This
would include landscaping along the highway, intema.l public street., internal. access road,
.parking lots and common areas.
11. That the use of retaining walls in excess of foux feet tall be avoided, but rather the
implementation of landscaped terracing be used to male the transition in areas with the
steepest grades.
1.2, The list of materials and exterior building treatments that was part of the application for the
final development of the buildings be included in the development agreement with the City.
13. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and
level of lighting not exceeding what is appropriate for its purpose. The light poles shall be
limited to a maximum of 30 feet with a full cut-off lens that does not shed light above 20
degrees below the horizontal plane. No more than .5 candles of light are permitted at the edge
of the site.
. That the uses allowed within the development shall not include those which require areas for
the display of large merchandicie such as new and used automobile sales, manufactured hone
sales, recreational vehicle sales and lumberyards. This would not preclude incidental events
associated with the other businesses on the site.
1. That the theatre and hotel proposed for the eastern portion of the site shall. not exceed 60 feet
in height from the highest point of the gable or parapet wall.
16, That the refuse areas be adequately screened from public view.
1. That a good faith effort be made by the developer to provide access to the property to the
north to provide connectivity between the sites.
18. That the covenants be recorded and made a. part of the development agreement with the city
to insure maintenance of common areas within the development and which grant cross
easement access between the lots and throughout the development .for paling, access and
utilitiesy
�i�631.32 61�q7o
19. That the phasing g and timing of the development shall occur as proposed. Bonding for the
proposed infrastructure and improvements or other acceptable means of insuring that the
improvements ill be completed as proposed shall be provided by the developer.
o. The developer and City of Kalispell shall execute a development agreement based on terms
and conditions included in the planned unit development,
SECTION 1, 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 IV. 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 KALISPEL , MONTANA, THIS 18TH DAY OF JULY, 2005.
Pamela B. KennMi--"
Mayor
ATTEST:
Theresa Waite
City Clerk
200CIL'Z 6�i7C7
PLANNED UNIT DEVELOPMENT AGREEMENT
HUTTON RANCH PLAZA
HIS AGREEMENT, made as of the day of January, Zoo , by Hutton Ranch Plaza
Associates,, of 4 Sunset Court, Suite 20 ., Kalispell, MT 59901, hereinafter HUTTON RANCH
PLAZA ASSOCIATES, LLC, a Montana limited liability company, and the City of Kalispell, a
munici al cor oration, of 312 1.st Avenue East, Kalispell, Montana 59901, hereinafter CITY;
WINSSEH
WHEREAS, HUTToN' RANCH PLAZA ASSOCIATES is the fee owner of certain real }property
located in Kalispell, Flathead County, Montana, which 1s further described as Tract
A. of Certificate of Survey No. 17132, a tract of land located in and being a portion
of the Southeast Quarter of the Northwest Quarter SEI NWI , the Northeast quarter
of the Southwest Quarter NE'14S I , and Governments Lots 2 & 3, all in Section
1, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana and is
hereinafter referred to as "Subject Property"; and
WHEREAS, HUTTON RANCH PLAZA ASSOCIATES desires to have a Planned Unit
Development overlay PD upon the subject property currently zoned as City B-2
General Business that would allow some flexibility in the general land use
requirements in the B-2 zoning regulations; and
WHEREAS, in order to allow the P D, assure the installation of infrastructure improvements
within the ` Subject Property", and prescribe the permitted uses therein. the parties
hereto determine it to be in their interests to enter into this Development Agreement.
I. GENERAL INTRODUCTION
1.01 General
The use and development of the Subject Property shall substantially conform to and comply with the
.PIED application submitted, the site plan, materials and other specifications filed by applicant and the
conditions contained within Kalispell City .resolution No. 5025 conditionally approving the
preliminary plat of the Hutton Ranch Plaza PUD and incorporated fully herein by this reference.
PLANNED NIT .DEVELOPMENT AGREE MEN TTON RANCH PLAZA.
Page 1. of
200GI92 OW 15
1.02 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Development Agreement, ent, the laws, rules
and regulations of the City of Kalispell governing the use and development of land and
buildings, including the City of Kalispell Zoning Ordinance, shall all' to the Subject Property.
1.03 Drawings
The drawings contained in the PUD application as well as those comprising the Preliminary Plat
and annexed to this Planned n.ed Unit Development Agreement are reference materials, and they are
incorporated by reference herein.
1.04 Effectiveness and Cancellation
The provisions of this Planned Development Agreement shall become effective immediately and
shall terminate upon the issuance of the final building permit for development of the Subject.
Property. This Development Agreement may be modified or amended only as set forth in Article
Iv hereof.
1,05 Certification Procedure
eedure
Whenever in this Planned Unit Development Agreement a certificate by the Director of Public
Works is required to be given., such certificate shall be given within thirty days of the receipt
of a completed application. Such an application shall be deemed to be complete upon receipt of
such drain s and narrative information as are reasonably necessary for the issuance of such
certification.
11. PARCEL DESCRIPTION
2.01 The Subject t property, described in the recitals above, shall be developed with the
inftastrueture improvements as described below.
No building permit shall be issued for any ofthe parcels unless and until all improvements
speei�ed in this Agreement a well as those infrastructure impr vements which may be required
by the City of Kalispell's Standards for Design and Construction are either constructed or
security provided guaranteeing construction of said improvements for that particular parcel upon
which a building permit is requested.
1# SITE CONDITIONS
3.01 Public Infrastructure and Easements
I. The development of the site shall be in substantial compliance with the application submitted,
the site play., materials and ether specifications as well as any additional conditions associated
vath the planned ur t development as approved by the city council.
PLANNED UNIT DEVELOPMENT A.G . EM NT HUTT N RANCH PLAZA
Page 2 of
"OQOOG192 bwlo
I. The plans and specifications for all public infrastructure shall be designed and in accordance
with Ka lspell's Standards for Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public works Department,
111, A letter shall be submitted with the final plat from an engineer licensed in the state of Montana
certifying the improvements have been constructed in accordance with the approved plans and
specifications. As built drawings shall be submitted to the Kalispell Public works Department
prior to final plat submittal for the completed infrastructure. A letter from the public works
department shall accompany the engineer's certification stating that this condition has been
net or otherwise adequately addressed*
Iv. The proposed development area within the site shall be substantially the same as indicated on
the preliminary site plan submitted nth the application or as modified by these conditions.
V. The internal access road at the southwest portion of the site providing access to the property to
the south shall, if required, be constructed as a frontage road and the parking along the frontage
road shall be eliminated. The road design shall be coordinated through the Kalispell public
Works Department.
VI. The following requirements shall be net per the Kalispell Fire Departn ent.
a. water mains designed to provide minimum fire flows shall he installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
. Fire hydrants shall be provided per City specifications at locations approved by this
department,, prior to combustible construction.
C. Fire Department access shall be provided in accordance with international Fire Code
Zoo Chapter 5.
d, Hazardous weed abatement shall be provided in accordance with City of Kalispell
Ordinance o-,
e. Street naming shall be approved by the fire department.
vII. A. comprehensive e traffic impact study shall be completed which identifies all expected traffic
impacts and proposals for mitigation, and appropriate approach permits shall be obtained from
the Montana Department of Transportation and the City of Kalispell.
vil, Pedestrian walkways shall be provided as indicated on the site plan that provides a continuous
and connected system with the existing walkways along Highway 93 including a sidewalk on
both sides of the main entrance road separated by a minimum five foot landscape buffer.
IX. The list of materials and exterior building treatments that was part of the IUDPUD application are
appended to this development agreement and are hereby fully incorporated .herein and shall be
required in the construction of the development, except as modified by the parties.
PLACED UNIT DEVELOPMENT AGREEMENTMUTTON .RANCH PLAZA
Page 3 of
2006192b&qlb
X. A lighting plan shall be submitted which utilizes attractive lighting fixtures and a type and
level of lighting not exceeding what is appropriate for its purpose. The light poles shall be
limited to a maximum of 30 feet with a full cut-off leas that does not shed light above 20
degrees below the horizontal plane. No more than .5 candles of light are permitted at the edge
of the site.
§3.02 Landscape.
I. That landscaping be completed in substantial compliance with the plan that was submitted and
would be subject to review and approval by the Parks and Recreation Department. This would
include landscaping alo.ng the highway, internal public street, internal access road, parking lots
and common areas.
II. That the use of retaining walls in excess of four feet tall he avoided., but rather the
implere.taton of landscaped terracing be used to make the transition in areas VAth the
steepest grades.
111. A plan shall be developed and in place that addresses the grading, reve etation, irrigation and
maintenance of the undeveloped areas that creates a weed free, dust -Free area until such time as
that phase is fully developed prior to construction.
§3.03 Land Use Requirements and Common. Areas
. The uses allowed within the development shall not include those which require areas for the
display of large merchandise such as new and used automobile sales, manufactured home sales,
recreational vehicle sales and lumberyards. This does not preclude incidental events associated
ith the other businesses on the site.
II. The theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet i
height from the highest point of the gable or parapet wall.
I. The remise areas shall be adequately screened from public view.
Iv. A good faith effort shall be made by the developer to provide access to the property to the
north to provide connectivity between the sites.
V. Covenants, Conditions and Restrictions shall be developed and recorded and incorporated into
this development agreement to insure maintenance of coon areas within the development
and which grant cross easement access between the lots and throughout the development for
.parking, access and utilities,
VI. The phasing and tim.in.g of the development shall occur as set Forth in the PUD application. In
the event the final plat is recorded prior to completion of the infrastructure improvements, as
those infrastructure improvements are described in the PUD application, the developer shall
provide bonding for the proposed infrastructure and improvements, or ether City approved
means of insuring that the improvements will be completed as proposed.
PLANNED UNIT DEVELOPMENT AGREEMENT/14UTTON RANCH PLAZA
Page 4 of
OQ
"OOG192 CF�410
IV, AMENDMENT OR MODIFICATIONS OF
DEVELOPMENTAGREEMENT
4.01 This Development Agreement t may he amended or modified only, by application of the
over, in accordance with the procedures set forth herein.
.02 Application for amendment or modification may be made, to the City of Kalispell Site
Review Committee by the Developer, or any fee owner of a parcel after fully complying with the
CC& 's, in respect to the Subject Property.
4.03 Modifications of this Development t Agreement ent which are determined by the Site Review
Committee to he minor modifications shall require only the consent of the Site Review
Committee, and shall not require the consent or approval of the C4Y Council or any other public
agency. All amendments and modifications to this Development Agreement other than minor
modifications shall require the approval of the City Council of the City of Kalispell.
4.04 All applications for .modification or amendment of this Development Agreement shall he
filed with the Site Review Committee mittee and the Site Review Committee shall promptly determine
whether the modification is minor or major.
.05 The Site Review Committee shall .make its determination with respect to any application
for a mirror modification sub,subj ect to this Section within fifteen 15 days after it determines the
application to he subject to said minor modification.
4.06 If the amendment or modification requested is of such a mature as to require approval o
the City Council, the Site Review Committee shall refer the ratter to the City Council within
fifteen 1 days after it determines the matter requires Council review.
.07 The owner may appeal any decision of the Site Review Committee to the City Council,
who may affirm, reverse or modify the Site Review Committee decision.
V. CONSTRUCTION PERMITTING
.of General Requirements
1. No building permit in respect to the building in any structure shall he issued by the Building
Department until the Director of Public Works .has certified to the Building Department that
the infrastructure improvements and roads as required herein substantially conform to the
Site Condition requirements contained in this Agreement and that said improvements have
been constructed or security guaranteeing the construction has been received by the City.
ff. For purposes of this Section., the "'Security's required shall he in an amount equal to 25% o
the developer's Licensed Engineer"s estimate o the cost. o constructingsaid improvements.
PLANNED UNIT DEVELOPMENTAGREEM N ' 'UTTON RANCH PLAZA
Page 5 of 7
F1
2ooG1920V4'-7D
V1, MISCELLANEOUS
6.01 Effective Date
This Agreement shall be effective immediately and shall remain In fall force and effect
until all parcels within the Subject Property are developed or July 5, 200, whichever
occurs first.
6.02 S verability
In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or
dterrmirrd to be invalid or unlawful by a court of competent jurisdiction., such provision
shall be severable and the remainder of this Agreement shall continue to be of full force
and effect.
6.03 Recordation
This Ageement shall be recorded along with the CCU. "s with respect to the subject
property.
6.04 Entire Agreement - Primacy
This Agreement constitutes the entire agreement between the parties and may only b
amended as set forth herein. In the event, during the term of this Agreement, there is a
variance between the provisions of this Agreement and the CC&R' , fried with respect to
the subject property, this Agreement shall take precedence.
6.05 Binding Effect
This Agreement shall be binding upon and inure to the bent of the respective parties
heirs, successors and assigns.
wl
.dated this t:= day of January, 2006.
HUTT,ON RANCTi PLAZA ASSOCIATES, LLC
by
Phi p,,J4-arris, Managing Member
amen H. Patna, City Manager
PLANNED UNIT DEVELOPMENT AG M N N RANCH PLAZA
STATE OF MONTANA )200611,92
):SS
County of Flathead )
n this 5 to day of January., .ary., 2 o , before me, the undersigned, a Notary Publicfor the
State of Montana, personally appeared PHILIP HARRIS that executed the foregoing instrument
1n his capacity as Managing Member of HUTTON RANCH PLAZA ASSOCIATES, LLC,
Montana limited liability company, and acknowledged to nee that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my band and affixed nay Notarial Seal the
day and year in this certificate first above wttn.
t}
Daniel R. Wilson
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires: 10/17/2009
STATE OF 1VIONTANA }
):SS
County of Flathead )
On
i s { {. ;1 day of January, 2006, before me, a Notary n and for the St.at. of
Montana, personally appeared JAMES H. 1' ►TRIC ., known to me to be the City Manager of the
City of Kalispell, a municipality, that executed the within instrument, and acknowledged that
such City Manager bs n'b d, sealed and delivered said instrument as the free and voluntary act
of said municipality, for the uses and purposes therein set forth, and that he was duly authzd
to execute the sane on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my viand and x my Notan'al Seas,
the day and year first above wttcn.
(Print Notary Name)
Notary Public, State of Montana
Residing at
My Commission Expire
PLANNED UNIT DEVELOPMENT AGREEMEN `MUTTON RANCH PLAZA
Page 7 of 7