Ordinance 1793 - PUD Overlay - Town Pump #5Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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Fees: $21.00
Debbie Pierson, Flathead County MT by DD 8/23/2017 3:29 PM
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.
a
Mark John n
Mayor
ATTEST:
Ai e Brunckhorst, CMC (j
City Clerk = SEAL
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