I3. Ord 1793 - Town Pump PUDPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager ��
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1793 — Major Brand Distributing Company, Inc. (Town
Pump) Planned Unit Development (PUD) Request
MEETING DATE: August 7, 2017
BACKGROUND: Major Brand Distributing Company, Inc. (Town Pump) has submitted a PUD
application on a 6.9-acre parcel of land located within B-2/Siderius Commons PUD Placeholder
Zoning District. When the Siderius Commons PUD Placeholder was put in place, it noted the
developer's intent to develop a PUD on the property and enter into a development agreement with the
city before development takes place. The intent of the PUD Placeholder is to make sure that when the
property develops, it is done via a comprehensive development plan. In this case, Town Pump intends
to expand their existing fuel system, necessitating a PUD application. The project will include a new
fuel canopy, new fuel islands, increased pedestrian access in the area through a new sidewalk along
Cemetery Road, extension of public water and sewer to serve future developments to the west, and a
new approach into the facility. The development is limited to the improvement noted above;
however, the expansion needs to take into consideration how the expansion fits in with the overall
development plan of the property.
The property is located at 2910 Highway 93 South and can be legally described as Lot 5 of the
Amended Subdivision Plat of Lots 3 and 5 of Ashley Business Park and Amended Plat of the
Amended Plat of Lot 4 Ashley Business Park Subdivision in Section 29, Township 28 North, Range
21 West, P.M.,M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing July 11, 2017, to consider the PUD
application request. Staff reported that the proposed PUD was compatible with the zoning and the
growth policy. Staff recommended that the Planning Board adopt staff report KPUD 17-03 as
findings of fact, and recommend to the City Council that the PUD application request be approved,
subject to conditions.
During the public comment portion of the hearing, a representative of Major Brand Distributing
spoke in support of the project. There being no further testimony, the public hearing was closed and a
motion was presented to adopt staff report KPUD-17-03 as findings of fact and recommend to the
Kalispell City Council that the PUD for Town Pump #5 be approved subject to the conditions listed
in the staff report. There was brief discussion regarding the site layout. Discussion concluded the
PUD was appropriate, and the motion was approved unanimously upon roll call vote.
Since the public hearing it was brought to staff's attention that condition number five (5) of the staff
report needed amending. The condition calls for providing the necessary right-of-way for a
"collector" street along Cemetery Road. This condition should have stated that the necessary right-of-
way was needed for an "arterial" street. Cemetery road is designated an arterial route in the
transportation plan in order to provide for future development in south Kalispell. Beings this
development is at the intersection of Cemetery and U.S. 93 South it is imperative that the right-of-
way be provided to provide for future development along Cemetery Road.
RECOMMENDATION: It is recommended that the Kalispell City Council make a motion to amend
condition number five (5) of the staff report, by replacing the word "collector" with the word
"arterial." Subsequently, it is recommended that the Kalispell City Council approve the first reading
of Ordinance 1793, an ordinance amending the official zoning map by creating a PUD overlay zone
over certain real property described as Town Pump # 5, located in Lot 5 of the Amended Subdivision
Plat of Lots 3 and 5 of Ashley Business Park and Amended Plat of the Amended Plat of Lot 4 Ashley
Business Park Subdivision in Section 29, Township 28 North, Range 21 West, P.M.,M., Flathead
County, Montana.
FISCAL EFFECTS: Approval of the request will allow the applicant to expand their business,
which in turn will have positive fiscal impact.
ALTERNATIVES: Deny the request.
Report compiled: July 28, 2017
ATTACHMENTS: Ordinance 1793
Staff Report
July 11, 2017, Kalispell Planning Board Minutes
Application Materials & Maps
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1793
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO BE KNOWN AS KALISPELL
TOWN PUMP #5 PUD, OVER CERTAIN REAL PROPERTY MORE PARTICULARLY
DESCRIBED AS LOT 5 OF THE AMENDED SUBDIVISION PLAT OF LOTS 3 AND 5
OF ASHLEY BUSINESS PARK AND THE AMENDED PLAT OF THE AMENDED PLAT
OF LOT 4 OF ASHLEY BUSINESS PARK SUBDIVISION IN SECTION 29, TOWNSHIP
28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA, IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Major Brand Distributing Company, Inc., the owners of the properties described
above, 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 to be known as Kalispell Town Pump #5 PUD, on
approximately 6.9 acres of land; and
WHEREAS, the property is zoned B-2, General Business, and is located at 2910 Highway 93
South; and
WHEREAS, the petition of Major Brand Distributing Company, Inc. was the subject of a report
compiled by the Kalispell Planning Department, Staff Report #KPUD-17-03, in
which the Kalispell Planning Department evaluated the petition and recommended
that a Planned Unit Development overlay be attached to the above described tract
of land pursuant to Kalispell City Code 72.21.030(2)(b); and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 11,
2017, and recommended that a Planned Unit Development overlay be attached to
approximately 6.9 acres of land, pursuant to Kalispell City Code 72.21.030(2)(b);
and
WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned
Unit Development overlay to the property, the City Council finds such zoning to
be consistent with the Kalispell Growth Policy — Plan It 2035 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-17-03.
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 attaching the
property described above with a Planned Unit Development overlay.
SECTION 2. The Planned Unit Development overlay proposed by Major Brand
Distributing Company, Inc. upon the real property described above is
hereby approved subject to the following conditions:
1. The development of the Kalispell Town Pump #5 PUD shall substantially comply with the
following site plan and elevations submitted as part of the Planned Unit Development
application:
A. Site Layout Plan
B. Building footprint site plan
C. Elevations of the proposed fuel islands.
2. 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.
3. A landscape plan shall be submitted to the Parks and Recreation Department for review
and approval. The landscape plan shall include an irrigation plan, specify tree, shrub type
and size at the time of planting for the parking areas as well as the landscaped boulevard
along Cemetery Road.
4. A traffic analysis shall be submitted to the Public Works Department for review and
approval prior to building permit issuance. The traffic analysis shall account for future
vehicle traffic of this PUD and determine the improvements required to Cemetery Road
based on the anticipated development and traffic volumes.
5. Cemetery Road shall be improved in accordance with the approved traffic analysis and
provide for the right-of-way necessary for a collector street. All improvements shall be
completed in accordance with the City of Kalispell's Standards for Design and
Construction; 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.
6. Water and sewer main extensions shall be reviewed and approved by the Kalispell Public
Works Department prior to installation.
7. 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.
8. All utilities shall be placed underground.
9. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit.
10. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, the development shall receive Site Review Committee approval prior to
issuance of the building permit.
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 21ST DAY OF AUGUST, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
KALISPELL TOWN PUMP #5
PLANNED UNIT DEVELOPMENT REQUEST
STAFF REPORT #KPUD-17-03
KALISPELL PLANNING DEPARTMENT
JULY 3, 2017
A report to the Kalispell City Planning Board and the Kalispell City Council for a Planned
Unit Development (PUD) from Major Brand Distributing Company, INC. on a 6.9-acre
parcel of land located within the Siderius Commons PUD placeholder. A public hearing on
this matter has been scheduled before the planning board on July 11, 2017, beginning at
6:00 PM, in the Kalispell City Council Chambers. The planning board will make a
recommendation and forward a set of findings to the Kalispell City Council for final action.
BACKGROUND INFORMATION: Major Brand Distributing Company, INC. (Town Pump)
has submitted a PUD application on a 6.9-acre parcel of land located within the B-
2/Siderius Commons PUD Placeholder Zoning District. When the Siderius Commons PUD
Placeholder was put in place, it noted the developer's intent to develop a PUD on the
property and enter into a development agreement with the city before development takes
place. The intent of the PUD Placeholder is to make sure that when the property develops,
it is done via a comprehensive development plan. In this case, Town Pump intends to
expand their existing fuel system located at the southwest intersection of U.S. 93 South
and Cemetery Road, necessitating a PUD application. The existing Town Pump is not
located within the PUD; however, the proposed expansion to the west will encroach into
the Siderius PUD, necessitating this application. The project will include a new fuel canopy,
new fuel islands, increased pedestrian access in the area through a new sidewalk along
Cemetery Road, extension of public water and sewer to serve future developments to the
west, and new approach into the facility. The development is limited to the improvements
noted above; however, the expansion needs to take into consideration how the expansion
fits in with the overall development plan of the entire Siderius Commons PUD.
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.
A. Owner/Petitioner: Major Brands Distributing Company, INC.
600 S. Main Street
Butte, MT 5970
B. Location and Legal Description of Property: The property is located at 2910
Highway 93 South and can be legally described as Lot 5 of the Amended Subdivision
Plat of Lots 3 and 5 of Ashley Business Park and Amended Plat of the Amended Plat
of Lot 4 Ashley Business Park Subdivision in Section 29, Township 28 North, Range
21 West, P.M.,M., Flathead County, Montana and Tract 1 of Certificate of Survey
16501 Section 29, Township 28 North, Range 21 West, P.M.,M., Flathead County,
Montana
C. Existing Land Use: The area located within the PUD boundary site is undeveloped
grasslands; however, there is an existing Town Pump facility located on the adjacent
property to the east that is looking to expand into the PUD grassland area.
D. Existing Zoning: The subject property is located within the B-2/Siderius Commons
PUD Placeholder Zoning District. The B-2 Zoning District is intended to provide
areas for those retail sales and service functions and businesses whose operations
are typically characterized by outdoor display, storage and/or sale of merchandise
and by repair of motor vehicles. The district depends on the proximity to major
streets and arterials and should be located in business corridors or in islands. The
PUD placeholder required that the developer submit a PUD application, such as this
one, prior to development of the site to ensure that the property develops
comprehensively.
E. Adjacent Land Uses:
North: Single-family residential, Vacant land and U.S. 93 South
East:
Town Pump and U.S. 93 South
West:
Vacant land
South:
Vacant land
F. Adjacent Zoning:
North: B-2
East: B-2
West: B-2/Siderius Commons PUD
South: B-2/Siderius Commons PUD
G. General Land Use Character: The general land use character of this area can be
described as commercial in transition. The intersection of Cemetery Road and U.S.
93 South is developing into a major commercial intersection. Town pump is located
at the southwest corner, Kalispell Toyota at the northeast corner, and two new auto
dealerships currently under construction at the southeast corner. The northwest
corner of the intersection is undeveloped but located within the commercial zoning
district. There is a small residential subdivision to the northwest of the development,
but the area closest to the proposed expansion was annexed into the city in 2010
and also given a commercial zoning designation.
H. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Evergreen Disposal
Electricity:
Flathead Electric Cooperative
Gas:
Northwestern Energy
Telephone:
CenturyLink
Schools:
School District #5, Edgerton Elementary
Fire:
City of Kalispell
Police:
City of Kalispell
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I. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Nature of the Request: The nature of the request is relatively limited and includes
a new fuel canopy, new fuel islands, increased pedestrian access in the area through
a new sidewalk along Cemetery Road, extension of public water and sewer to serve
future developments to the west, and new driveway approach into the facility. The
improvements will be taking place on a 6.9-acre parcel just west of the existing Town
Pump facility. As a practical matter it is important that this development does not
inhibit future phases of development of the Siderius PUD. In this case the
development area was planned for commercial and does not inhibit any future utility
extensions that will be needed for the remainder of the property to properly develop.
In addition, additional right-of-way will be provided along Cemetery Road adjacent
the development assuring that it can be developed appropriately as development
progresses in this area.
II. EVALUATION BASED ON STATUTORY CRITERIA FOR THE PROPOSED PUD
OVERLAY
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A.
Findings of fact for the PUD overlay request are discussed relative to the itemized
criteria described by 76-2-304, M.C.A. and Section 27.19.020(4) of the City of
Kalispell Zoning Ordinance.
Does the requested zone comply with the growth policy?
The Kalispell Growth Policy Plan -It 2035 has several goals that support the PUD
request:
Growth Policy 2035, Chapter 4 - Business and Industry, states the following:
GOAL # 1 - Encourage the development and growth of prosperous commercial
and industrial districts, each with a viable mix of business, suitable
infrastructure, and a coordinated development pattern that reduces business
costs and increases small business opportunities.
GOAL #3 - Provide adequate areas within the community for commercial and
industrial development that meets the needs of present and future business
in terms of cost, type, design and location.
POLICIES (General Commercial, b.) - The expansion of additional commercial
districts along major arterials in anticipated to occur at such times as the
development or redevelopment of existing commercial districts have
significantly developed to avoid creation of a new commercial district and
leapfrog development.
Highway 93 South Corridor Area Plan:
Goal #2 - Expansion of commercial development south of Cemetery
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Road/Lower Valley Road needs to be addressed under a Planned Unit
Develoment in order to adequately address vehicular and pedestrian access,
signage, setbacks, and other issues relating to protecting and preserving
the community entrance to Kalispell.
Goal #4 - Develoment along the Highway 93 South Corridor should occur in
areas where public services, utilities and facilities area available or can be
provided.
The proposed PUD shows an expansion of the existing Town Pump store to the west.
The expansion is away from U.S. 93 South, therefore limiting the visual impacts
along the highway. Additionally, the development does not include any new
approaches onto U.S. 93 South by using Cemetery Road as its primary entrance.
The existing approach off of Cemetery Road will be removed, within an improved
approach being installed further west. Improvements to Cemetery Road include a
new landscaped boulevard and sidewalk which do not currently exist.
2. The effect on motorized and nonmotorized transportation systems?
The requested PUD overlay will positively affect the motorized system and non -
motorized system as it creates a new approach off of Cemetery Road that is further
from the intersection of Cemetery Road and U.S. 93 South, allowing for better staging
at the light. There will also be a new sidewalk system installed along the properties
frontage of Cemetery Road providing additional pedestrian access to the site.
Additionally, a traffic study is required for the development. The traffic impact study
will analyze the traffic impacts associated with a development and recommend
mitigation measures for the increase in traffic. Those recommendations will be
implemented at the building permit stage of the development in order to mitigate the
potential impacts of the associated development. Any development or redevelopment
is reviewed by the city's Site Review Committee to ensure any impacts to the
transportation system are adequately addressed.
3. That historical uses and established use patterns and recent change in use trends
will be weighed equally and consideration not be given to one to the exclusion of the
other.
The area located within the PUD boundary site is undeveloped grasslands; however,
there is an existing Town Pump facility located on the adjacent property to the east
that is looking to expand into the PUD grassland area. The intersection of Cemetery
Road and U.S. 93 South is developing into a major commercial intersection. Town
pump is located at the southwest corner, Kalispell Toyota at the northeast corner,
and two new auto dealerships currently under construction at the southeast corner.
The northwest corner of the intersection is undeveloped but located within the
commercial zoning district.
4. Will the requested zone secure safety from fire, panic, and other dangers?
The requested PUD does not contain any features which would compromise the safety
of the public in regards to safety from fire, panic, and other dangers. All new
construction will be required to be in compliance with the safety codes of the city
0
which relate to fire and building safety. All municipal services including police and
fire protection, water and sewer service are available to the properties.
5. Will the requested zone promote public health, public safety and the general welfare?
The requested PUD overlay will promote the health and general welfare by allowing
the continued development of the auto service station within an appropriate B-2 / PUD
Zone. The standards provided for within the underlying B-2 Zone will ensure that the
expansion of the auto service facility is safely and appropriately designed and that
the associated commercial traffic is managed and directed to traffic routes designed
to accommodate it.
6. Promotion of compatible urban growth?
The requested PUD does not change the B-2/PUD Zoning District currently on the
property, which allows the property to be developed as an auto service station. The
property being developed as a auto service station is consistent with the the general
land use character of the surrounding area. The PUD maintains the B-2 Zoning
District uses, which are compatible with the established land use pattern in the area
of commercial uses.
7. Will the requested zone avoid undue concentration of people?
The PUD would allow for the expansion of the existing Town Pump facility. It is
anticipated that there will be additional people onsite because of the expansion;
however, the additional people onsite will be mitigated through appropriate site design
and the improvements required through the traffic study.
8. Will the requested zone provide for adequate light and air?
The requested PUD does not modify the setback, height, and lot coverage standards
of the B-2 Zoning District, which are established in the Kalispell Zoning Ordinance
to insure adequate light and air are provided.
9. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Improvements to the property such as water, sewer and drainage would be installed
in accordance with city policies and standards at the developer's expense, thereby
insuring that there is adequate provision of services to the site prior to development.
Any development is reviewed by the city's Site Review Committee to ensure any
impacts to the public infrastructure are adequately addressed.
10. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed PUD in conjunction with the B-2 zoning district is consistent with the
surrounding commercial character of the area and its location adjacent to the U.S.
93 right-of-way.
5
11. Will the proposed zone conserve the value of property?
The value of the area will likely increase because city services and improvements to
Cemetery Road are being extended to the far western property boundary that will
provide for additional development in the future.
12. Will the requested zone encourage the most appropriate use of the land throughout
the municipality?
The most appropriate land uses throughout the jurisdiction are promoted by
encouraging complementary and compatible uses which promote the general well-
being of all citizens of the community. As the area is currently developed primarily
as commercial, the most appropriate use of the area would be to allow for the
expansion of the existing Town Pump facility. The PUD plan submitted does not
impact the future development of the remainder of the Siderius PUD negatively, and
adequately addresses impacts of this development. The only areas of the
municipality that will be affected directly by the proposed PUD at this time is the
6.9-acre parcel.
III. Criteria for the Creation of a Planned Unit Development (PUD) District
The intent of the PUD district is to serve as an overlay zoning district. The Kalispell Zoning
Ordinance describes the intent of a PUD district as follows: "The district shall function in
concert with one or more of the underlying zones to provide a comprehensive, integrated
development plan 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."
Sections 27.19.020(4) of the zoning regulations provide that the Kalispell City Planning
Board and Kalispell City Council shall review the PUD application based on the following
criteria:
Review of Application Based Upon PUD Evaluation Criteria:
The zoning regulations provide that the planning board and city council shall review the
PUD application and plan based on the following criteria:
A. The compliance of the proposed PUD with the city growth policy and in
particular the density and use policies of the plan;
The Kalispell Growth Policy Plan -It 2035 designates the proposed PUD boundary as
commercial. The B-2/PUD Zoning on the property, which allows auto service stations
as a permitted use, is consistent with the growth policy land use designation of the
site as commercial. The Kalispell Growth Policy Plan -It 2035 has several goals that
support the PUD request:
Growth Policy 2035, Chapter 4 - Business and Industry, states the following:
GOAL # I - Encourage the development and growth of prosperous commercial
31
and industrial districts, each with a viable mix of business, suitable
infrastructure, and a coordinated development pattern that reduces business
costs and increases small business opportunities.
GOAL #3 - Provide adequate areas within the community for commercial and
industrial development that meets the needs of present and future business in
terms of cost, type, design and location.
POLICIES (General Commercial, b.) - The expansion of additional commercial
districts along major arterials in anticipated to occur at such times as the
development or redevelopment of existing commercial districts have
significantly developed to avoid creation of a new commercial district and
leapfrog development.
Highway 93 South Corridor Area Plan:
Goal #2 - Expansion of commercial development south of Cemetery
Road/Lower Valley Road needs to be addressed under a Planned Unit
Develoment in order to adequately address vehicular and pedestrian access,
signage, setbacks, and other issues relating to protecting and preserving the
community entrance to Kalispell.
Goal #4 - Develoment along the Highway 93 South Corridor should occur in
areas where public services, utilities and facilities area available or can be
provided.
The proposed PUD shows an expansion of the existing Town Pump store to the west.
The expansion is away from U.S. 93 South, therefore limiting the visual impacts
along the highway. Additionally, the development does not include any new
approaches onto U.S. 93 South by using Cemetery Road as its primary entrance.
The existing approach off of Cemetery Road will be removed, within an improved
approach being installed further west. Improvements to Cemetery Road include a
new landscaped boulevard and sidewalk which do not currently exist.
B. 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 proposed PUD for the expansion of the Town Pump facility does not depart from
the underlying B-2 Zoning District.
C. 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 proposed PUD for the expansion of the Town Pump facility does not depart from
the subdivision regulations or Public Works standards for design and construction.
I1
D. 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;
The PUD will be on a 6.9-acre parcel of land located within the B-2/Siderius
Commons PUD Placeholder Zoning District. When the Siderius Commons PUD
Placeholder was put in place, it noted the developer's intent to develop a PUD on the
property and enter into a development agreement with the city before development
takes place. The intent of the PUD Placeholder is to make sure that when the
property develops, it is done via a comprehensive development plan. The proposed
development does not inhibit future phases of development of the Siderius PUD. In
this case the development area was planned for commercial and does not inhibit
any future utility extensions that will be needed for the remainder of the property
to properly develop. In addition, additional right-of-way will be provided along
Cemetery Road adjacent the development assuring that it can be developed
appropriately as development progresses in this area.
E. 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;
No public parks and common open space are within the PUD because the
development is commercial and no parks or open space are required as part of
commercial development. As the remainder of the Siderius Commons PUD is
developed, it will be important to assure that adequate open space is provided for
within the development. As proposed the expansion of the Town Pump would not
inhibit future plans for parkland.
F. 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;
1. Public Services:
Police and Fire Services
The Kalispell Fire Department and Police Department can adequately provide
service to the property. No increased impacts to police and fire are anticipated
as a result of the proposed expansion.
Water and Sewer
The city has the ability to serve the property and any future expansions. Any
new water and sewer mains/service lines will be required to be installed per
the City of Kalispell Construction and Design Standards, including the
8
extension of them to the western property boundary.
Storm water
Storm water runoff from the site shall be managed and constructed per the City
of Kalispell Construction and Design Guidelines. Final design will be approved
by Kalispell Public Works Department prior to building permit issuance. Prior
to receiving a building permit the developer will need to submit a construction
storm water management plan to the Public Works Department. This plan will
need to show how storm water will be treated and where it will be directed
during construction activities.
2. Control Over Vehicle Traffic:
The requested PUD overlay will positively affect the motorized system and non -
motorized system as it creates a new approach off of Cemetery Road that is further
from the intersection of Cemetery Road and U.S. 93 South, allowing for better staging
at the light. There will also be a new sidewalk system installed along the properties
frontage of Cemetery Road providing additional pedestrian access to the site.
Additionally, a traffic study is required for the development. The traffic impact study
will analyze the traffic impacts associated with a development and recommend
mitigation measures for the increase in traffic. Those recommendations will be
implemented at the building permit stage of the development in order to mitigate the
potential impacts of the associated development. Any development or redevelopment
is reviewed by the city's Site Review Committee to ensure any impacts to the
transportation system are adequately addressed.
3. Recreational Amenities:
No recreational amenities are required for the expansion as it is a commercial use.
As the remainder of the Siderius Commons PUD is developed, it will be important
to assure that adequate recreational amenities are provided for within the
development. As proposed the expansion of the Town Pump would not inhibit future
plans for recreational amenities.
4. Visual Enjoyment
The proposed PUD shows an expansion of the existing Town Pump store to the west,
which will be difficult to see from the highway. Additionally, improvements to
Cemetery Road will include a new landscaped boulevard with street trees which
does not currently exist.
G. 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;
The PUD maintains the B-2 Zoning District uses, which are compatible with the
established land use pattern in the area of commercial uses.
E
H. 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 proposed PUD could qualify as the first phase within the Siderius PUD
placeholder. The intent of the PUD Placeholder is to make sure that when the
property develops, it is done via a comprehensive development plan. The proposed
development does not inhibit future phases of development of the Siderius PUD. In
this case the development area was planned for commercial and does not inhibit
any future utility extensions that will be needed for the remainder of the property
to properly develop. In addition, additional right-of-way will be provided along
Cemetery Road adjacent the development assuring that it can be developed
appropriately as development progresses in this area.
I. Conformity with all applicable provisions of this chapter.
No specific departures from the Kalispell Zoning Ordinance or subdivision
regulations can be identified based upon the information submitted with the
application.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report KPUD-17-03 as findings of fact and recommend to the Kalispell City Council
the Kalispell Town Pump #5 PUD be approved subject to the conditions listed below:
CONDITIONS OF APPROVAL
The development of the Kalispell Town Pump #5 PUD shall substantially comply
with the following site plan and elevations submitted as part of the Planned Unit
Development application:
A. Site Layout Plan
B. Building footprint site plan
C. Elevations of the proposed fuel islands.
2. 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
3. A landscape plan shall be submitted to the Parks and Recreation Department
for review and approval. The landscape plan shall include an irrigation plan,
specify tree, shrub type and size at the time of planting for the parking areas as
well as the landscaped boulevard along Cemetery Road.
4. A traffic analysis shall be submitted to the Public Works Department for review
and approval prior to building permit issuance. The traffic analysis shall account
for future vehicle traffic of this PUD and determine the improvements required
to Cemetery Road based on the anticipated development and traffic volumes.
5. Cemetery Road shall be improved in accordance with the approved traffic
analysis and provide for the right-of-way necessary for a collector street. All
improvements shall be completed in accordance with the City of Kalispell's
Standards for Design and Construction; 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.
6. Water and sewer main extensions shall be reviewed and approved by the
Kalispell Public Works Department prior to installation.
7. 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.
8. All utilities shall be placed underground.
9. Architectural renderings are required to be submitted to the Kalispell
Architectural Review Committee for review and approval prior to issuance of a
building permit.
10. To ensure the traffic flow and access comply with Kalispell Design and
Construction Standards, the development shall receive Site Review Committee
approval prior to issuance of the building permit.
11
PLANNING FOR THE FUTURE
MONTANA
Planning DepartnMiCEIVED
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-
Fax: (406) 758-77SELL PLANNING DEPARTMENT
www.kalispell.com / planning
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME Kalispell Town Pump #5 Fuel Expansion
1.
2.
3.
NAME OF APPLICANT: Major Brands Distributing Company Inc.
MAIL ADDRESS: 600 S. Main Street
CITY/STATE/ZIP: Butte, MT 59701
PHONE: 406-497-6946
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4
5
6
7
IMAM
MAIL ADDRESS:
CITY/ STATE/ ZIP:
TECHNICAL ASSISTANCE:
8. MAIL ADDRESS:
9. CITY/STATE/ZIP:
PHONE:
PHONE:
If there are others who should be notified during the review process, please list those.
Joseph Murphy - Big Sky Civil & Environmental, Inc.
Check One:
Initial PUD proposal
Amendment to an existing PUD
A. Property Address: 2950 US Highway 93 S
B. Total Area of Property: 6.892 acres
C. Legal description including section, township & range: Sect 29, T28N, R21 W
Lot 5 of the Amended Subdiv. Plat of Lots 3 & 5 of Ashley Business Park
D. The present zoning of the above property is: B-2/PUD
I
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;
2
(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.
cGt L'C� IIf� l G-01
(Applicant Signature) (Date)
3
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Master
Plan or Growth Policy compatibility with the application, compatibility of
proposed zone change with surrounding zoning classifications, and the
application procedure.
B. Application Contents:
1. Completed application form.
2. Application fee per schedule below, made payable to the City of Kalispell.
PUD / CONCEPT PUD Zoning Review Fee
Residential (no subdivision) $1,000 + $125 / unit
Commercial (no subdivision) $1,200 + $100/acre
Residential (with subdivision) $1,000 + $100/acre
Commercial (with subdivision) $1,000 + $100 / acre
3. Electronic copy of the application materials submitted. Either copied onto
a disk or emailed to planning kalispell.com (Please note the maximum file
size to email is 20mg)
4. A bona fide legal description of the subject property and a map showing
the location and boundaries of the property.
Please consult the with staff of the Kalispell Planning Office for submittal dates and
dates for the planning board meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled. The
application must be accepted as complete forty-five (45) days prior to the scheduled
planning board meeting.
0
I:) 04. F)* (.%o (120,
May 19, 2017
Mr. Jarod Nygren, Senior Planner
City of Kalispell Planning & Building Department
201 1 st Street Avenue East
Kalispell, MT 59901
RE: Kalispell Town Pump #5 Fuel Expansion — PUD Application Narrative
a. The objective of the project is to expand the existing fuel system operation at the
Kalispell Town Pump #5 location to allow reduced traffic congestion and additional fuel
islands for customer use. The project will include increased pedestrian access in the area
through a new sidewalk along with the extension of public water and sewer to serve
future developments to the west.
b. N/A
c. N/A
d. Common open space is not included within the proposal. New landscaped areas
associated with the project will be constructed in accordance with City of Kalispell
landscaping standards and maintained by the developers.
e. As noted within a. above, water and sewer mains will be extended within public R!W to
the western property boundary to serve future developments in the vicinity. The subject
project will not require new sewer or water services as existing services to the C-store
will be utilized. Access to the site will be from Cemetery Road as shown on the proposed
site plan. A Traffic Impact Study was completed to evaluate existing and future traffic
conditions, and concluded there will be no adverse impacts to the existing roadway
systems and traffic movements. Storm water will be managed by an existing regional
retention pond constructed south of the proposed development.
f. The proposed development generally matches the existing commercial development in
the area and fits the current zoning of the property.
g. The proposed development is within a Planned Unit Development that will facilitate the
intended commercial uses, and will therefore not impact the general character of the
surrounding area.
h. N/A
132413th Ave. SW I PO Box 3625 1 Great Falls, MT 59403 1 PH (406) 727-2185 1 FAx (406) 727-3656
I :) (% V)* (.F0% (110
i. The proposed fuel system project appears to meet the City's development goals, policies
and objectives. The property exists within a B-2/Planned Unit Development, and the
proposed fuel system expansion appears consistent with the City's PUD requirements and
guidelines.
j. See responses below.
1. Total Acreage of Lot = 6.892 Acres; Total Acreage of Improvements = 1.532 acres±.
Current Zoning Classification = B-2/PUD
2. See attached zoning map. Surrounding parcels in the direct vicinity of the
development are B-2/PUD. A portion of the property is adjacent to existing
residential property located outside the City limits.
3. N/A
4. The proposed fuel canopy will be approximately 19'6" tall. No other above -ground
structures are proposed.
5. Please refer to the site plans.
6. Please refer to the site plans.
7. Please refer to the site plans.
8. N/A
9. Please refer to the site plans. Specific landscape plantings have not been selected at
this time.
10. N/A
11. N/A
12. Please refer to the site plans.
13. Please refer to the site plans.
14. Construction will commence as soon as possible and will be completed in one phase.
Site grading and tank installation will occur in late summer or early fall, and the
canopy, fuel islands and paving will be completed in the fall after the applicable City
building permits are issued.
15. N/A
16. N/A
132413th Ave. SW I PO Box 3625 1 Great Falls, MT 59403 1 PH 1,406) 727-2185 1 fax (406) 727-3656
Town Pump Kalispell 5
-
TOWN PUMP, Inc.
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2910 High— 93 S_ Kalispe11 %IT 39901
Construction Department
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"Transaction All
Jack D. Hannon & Dorothy M. Harmon
Montana Commerce, LLC
Initial Address: 2910 HWY 93, Kalispell, MT 59901
Parcel 9: 97515
Geocode: 07396629401010000
Legal Description: A tract of land situated, lying and being in the Southeast Quarter of the
Northeast Quarter of Section 29, Township 28 North, Range 21 West
P.M.M., Flathead County, Montana and more particularly described as
follows: Commencing at the NE comer of the SE V4 NE V4of said Section
29, thence North 89 degrees 42 minutes 28 seconds West, a distance of
359.71 feet along the North Boundary of said SE '/4NE 1/4thence South 00
degrees 16 minutes 19 seconds West, a distance of 30 feet to a point on the
South right-of-way of the approach to US HWY 93 on Cenetary Road,
being the True Point of Beginning of the tract of land herein described
thence South 89 degrees 42 minutes 28 seconds East, a distance of 174.08
feet along said South right-of-way to a point on the West right-of-way of
US HWY 93, thence Southerly along said right-of-way on a curve concave
to the SW, with a radial bearing of South 73 degrees 25 minutes 41
seconds West, a radius of 2805.12 feet through a central angle of 5
degrees 33 minutes 44 seconds, for an arc length of 272.32 feet to a point
being a comer on the East boundary of Lot 5 of amended Plat of Lots 3 &
5 of Ashley Business Park and the Amended Plat of Lot 4 of the Ashley
Business Park Subdivision; thence along North 89 degrees 43 minutes 35
seconds West, a distance of 240.22 feet to a point and North 00 degrees 16
minutes 19 seconds East, a distance of 264.11 feet to the Point of the
Beginning. Shown as Tract I of COS 16501.
"Transaction B11
Initial Address:
Parcel #: 0286850, 0286800, 0286940, 0286950
Geocode: 07396629103110000,07396629104010000,07396629104050000,
07396629103010000
Legal Description: Property located near the NW comer of HWY 93 and Cemetary Road
consisting of approximately 2.46 acres in four tax parcels: S29, T28 N,
R21 W, TR I I KA, TRI I W, TR 11 FAA, TR I A, TR I I H, & TR I I V IN
NE V4NE V4
"Transaction C11
Initial Address: 2950, 3020, 3030 US Hwy 93 S Kalispell, MT 59901
Parcel #: Lot 3: 0000006383
Lot 4: 0000006384
Lot 5: 0000006385
Geocode: Lot 3: 07-3966-29-4-01-20-0000
Lot 4: 07-3966-29-4-0 1 -10-0000
Lot 5: 07-3966-29-4-01-03-0000
SIZE OF LOTS (ACERAGE): Lot 3: 6.528 Acres
Lot 4. 10.593 Acres
Lot 5: 6.892 Acres
Total: 24.013 Acres
Legal Description: Lot 3, 4 & 5 of the Amended Subdivision Plat of Lots 3 and 5 of Ashley
Business Park and the Amended Plat of the Amended Plat of Lot 4 of
Ashley Business Park Subdivision.
"Transaction D"
Correcting Transaction "C"
Initial Address: 2950, 3020, 3030 US Hwy 93 S'KaIispell, MT 59901
Parcel #: Lot 3: 0000006383
Lot 4: 0000006384
Lot 5: 0000006385
Geocode: Lot 3: 07-3966-29-4-01-20-0000
Lot 4: 07-3 966-29-4-01 -10-0000
Lot 5: 07-3966-29-4-01-03-0000
SIZE OF LOTS (ACERAGE): Lot 3: 6.528 Acres
Lot 4: 10.593 Acres
Lot 5: 6.892 Acres
Total: 24.013 Acres
Legal Description: Lot 3, 4 & 5 of the Amended Subdivision Plat of Lots 3 and 5 of Ashley
Business Park and the Amended Plat of the Amended Plat of Lot 4 of
Ashley Business Park Subdivision.
"Transaction "Ell
Initial Address:
Parcel #: 0286940
Geocode: 07396629104050000
LegaRDescrijpftioaw A tract of land in the NE 1/4 NE 1/4 of Section 29, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana;