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E2. Ord 1793 - Town PumpPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manage;, 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 — Town Pump # 5 PUD Second Reading BACKGROUND: This is the second reading of Ordinance 1793, an ordinance to amend the Kalispell Zoning Map by creating a PUD overlay zone over the Town Pump located at the intersection of U.S. 93 South and Cemetery Road. The property is 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. The Kalispell City Council, at their meeting on August 7, 2017, approved the first reading of Ordinance 1793, unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second 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 would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1793 Staff Report 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 2m 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 13- 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 M 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 3 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 4 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 # 1 - Encourage the development and growth of prosperous commercial I 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. 0 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 Es3 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. 0 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