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Ordinance 1790 - Zoning - Stillwater BendI��IIII�II IIIII�IIIII III�I II�II IIIII i�III I�III I�III III�I �II�I �II��IIIII I��I II 11111111 III 2017005 Page:Iof 557 Debbie Pierson, Flathead County MT by SC 7/20/2017 10 37 AM Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1790 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF h KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY CURRENTLY ZONED COUNTY SAG-10 (SUBURBAN AGRICULTURE) TO CITY B-2 (GENERAL BUSINESS) AND RA-2 (RESIDENTIAL APARTMENT/OFFICE) AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN SECTIONS 24 AND 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND BY ATTACHING A PLANNED UNIT DEVELOPMENT OVERLAY TO THAT REAL PROPERTY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Spartan Holdings, LLC petitioned the City of Kalispell that the zoning classification attached to the above described tracts of land, currently zoned County SAG-10, Suburban Agriculture, be zoned B-2, General Business, on approximately 19 acres of land, and RA-2, Residential Apartment/Office, on approximately 37 acres of land and that a Planned Unit Development overlay be attached to that real property; and WHEREAS, the property is located on the west side of Highway 93 North at the intersection of Rose Crossing and Highway 93 North; and WHEREAS, the petition of Spartan Holdings, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-17-01, in which the Kalispell Planning Department evaluated the petition and recommended that a Planned Unit Development overlay be attached to the property as described above, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 11, 2017 and recommended that a Planned Unit Development overlay be attached to the requested City B-2/RA-2 zoning, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned Unit Development overlay to the described B-2/RA-2 zoning, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KPUD-17-01. 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, on approximately 19 acres of land, and RA-2, Residential Apartment/Office, on approximately 37 acres of land, with a Planned Unit Development overlay. SECTION 2. The Planned Unit Development overlay proposed by Spartan Holdings, LLC upon the real property described above is hereby approved, subject to the following conditions: 1. A development agreement with the city shall be drafted, binding the property to a future PUD application on the entire 56 acres but not providing any application materials or development plan, nor receiving any entitlements other than a commitment between the city and the applicant that when development is to proceed it will be done via the PUD process. 2. The 56-acre placeholder PUD shall be developed as an overall entity utilizing the full PUD process. Should the property owner sell or transfer any individual tracts/parcels of land within the 56-acre Placeholder PUD prior to the approval of an overall PUD for the site, all new and existing owners shall be required to jointly develop the PUD for the entire site sharing in the costs and conditions of development as are appropriate to ensure a comprehensive development plan. 3. Interim use in a PUD Placeholder prior to development of the full PUD is allowed based on the criteria below: a. All proposed uses and activities of the land and existing structures must comply with the underlying zone. b. An administrative conditional use permit would be required to document and approve the interim use or activity. c. Only the following activities are allowed: 1. Remodeling/repair/removal of existing structures or buildings; 2. Parking of vehicles and equipment for storage as long as the purpose is not meant for display from a public right-of-way; 3. Fencing and lighting; and 4. Earth work, site leveling and drainage work. d. The following new uses and activities are not allowed without the full PUD application process: 1. Freestanding signs; 2. Additional access points onto a public road system; 3. Expansion of existing structures by more than 10%; and 4. New structures or building development beyond what is otherwise specifically allowed under this section. e. Interim use of the property as described above does not relieve the owner from compliance with overall PUD requirements at the time additional development beyond the scope of interim development occurs. 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 19TH DAY OF JUNE, 2017. ATTEST: Aimeb Brunckhorst, CMC City Clerk Mark John Mayor Exhibit A Metes and Bounds Legal descriiDtion for Zoning Boundaries B-2 zoned area That portion of the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 29 North, Range 22 West, Principal Meridian, Flathead County, Montana described as follows: BEGINNING at the intersection of the west boundary of U.S. Highway No. 93, Project No. F 5- 3(32)115, and the north boundary of Section 25, Township 29 North, Range 22 West; thence along said west boundary of said U.S. Highway No. 93 the following three courses: South 00°20'27" West 820.0 feet, South 13°41'43" East 41.2 feet and South 00°20'27" West 464.6 feet to the south boundary of the Northeast 1/4 of the Northeast 1/4 of said Section 25; thence along said south boundary of said aliquot part, South 89°58'39" West 336.6 feet, more or less, to the centerline of the Stillwater River; thence along said centerline of said Stillwater River the following three courses: North 05'47' 15" West 34.7 feet, North 28034' 19" West 168.1 feet, and North 60°25'21 " West 100.5 feet; thence North 01 °28'40" West 502.4 feet, more or less; thence North 66°06'27" West 376.1 feet; thence North 00°20'27" East 437.7 feet to the north boundary of said aliquot part; thence along said north boundary of said aliquot part, North 89°57'14" East 860.0 feet to the Point of Beginning containing 19.0 acres of land, more or less, as shown on the attached Exhibit A, Map of Metes and Bounds Legal Description, which is herewith incorporated in and made a part of this legal description. RA-2 zoned area That portion of the Northeast 1/4 of the Northeast 1/4, and the Northwest 1/4 of the Northeast 1/4 of Section 25, and the Southwest 1/4 of the Southeast 1/4 of Section 24, Township 29 North, Range 22 West, Principal Meridian, Flathead County, Montana described as follows: BEGINNING at the East Sixteenth section corner on the section line common to Sections 24 and 25, Township 29 North, Range 22 West; thence along the north boundary of the Northeast 1/4 of the Northeast 1/4 of said Section 25, North 89°57'14" East 357.6 feet; thence South 00' 20'27" West 437.7 feet; thence South 66°06'27" East 376.1 feet; thence South 01°28'40" East 502.4 feet, more or less, to the centerline of the Stillwater River; thence along said centerline of said Stillwater River the following twenty-three courses: North 60°25'21" West 422.5 feet, North 60°37'31" West 131.6 feet, North 29032'36" West 94.3 feet, North 25°49'37" West 81.3 feet, North 66047'39" West 109.4 feet, South 54°36'06" West 97.6 feet, South 40'57'19" West 256.6 feet, South 56°00'39" West 82.8 feet, South 89°25'26" West 103.4 feet, North 44021101 " West 93.6 feet, North 28'33' 10" West 260.5 feet, North 51041'17" West 207.8 feet, North 43°07'28" West 277.3 feet, North 42°36'54" West 290.9 feet, North 32°03'05" West 78.0 feet, North 37028'25" West 118.4 feet, North 27005'55" East 117.6 feet, North 60042'l7" East 65.8 feet, North 4401539" East 277.6 feet, North 46041'50" East 206.7 feet, North 73°38'45" East 122.6 feet, North 83°07'24" East 160.6 feet, and North 76°21'37" East 51.5 feet to the east boundary of Parcel B of Certificate of Survey No. 13982; thence clockwise along the perimeter of said Parcel B the following three courses: South 00°00'40" West 206.2 feet, more or less, North 88°22'14" East 396.0 feet, and South 00012'03" West 431.4 feet to the south boundary of Parcel A of Certificate of Survey No. 13982; thence along said south boundary of said Parcel A, North 89°58'38" East 49.2 feet to the Point of Beginning containing 36.9 acres of land, more or less, as shown on the attached Exhibit A, Map of Metes and Bounds Legal Description, which is herewith incorporated in and made a part of this legal description. 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