Ordinance 1496/PUDORDINANCE NO. 1496
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10,
SUBURBAN AGRICULTURAL DISTRICT) TO CITY R-5 (RESIDENTIAL/
PROFESSIONAL OFFICE), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Nolan Holdings, LLC, the owner of the property described above, petitioned the City
of Kalispell that the zoning classification attached to the above described tract of land
be zoned R-5, Residential/Professional Office with a Planned Unit Development
overlay on approximately 3.9 acres of land, and
WHEREAS, the property is located at the southwest intersection of US Highway 93 North and
Four Mile Drive, and the property address is 2050 Highway 93, and
WHEREAS, the petition of Nolan Holdings, LLC was the subject of a report compiled by the Tri-
City Planning Office, Staff Report 4KA.-04-6 / KPUD-04-3, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned R-5, Residential/Professional Office with a Planned Unit
Development overlay as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-5, Residential/Professional Office with a Planned Unit Development
overlay, the City Council finds such initial 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 Count Commissioners, Etc. 590 P2d 602,
the findings of fact ofTCPO as set forth in Staff Report No. KA-04-6 / KPUD-04-3.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described
above as R-5, Residential/Professional Office with a Planned Unit Development overlay on
approximately 3.9 acres.
SECTION II. The Planned Unit Development proposed by Nolan Holdings, LLC, upon the
real property described in Exhibit "A", attached hereto, incorporated herein, and thereby
made a part hereof, is hereby approved, subject to the following conditions:
1
That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as any
additional conditions associated with the PUD as approved by the City Council.
(Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. That the construction of the buildings within the commercial component of the PUD
shall be in substantial compliance with the proposed elevation drawings submitted
with the application and subject to review and approval by the Kalispell Site
Development Review Committee.
That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards and a
letter shall be obtained stating that they have been reviewed and approved by the
Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3,
Design Standards, Section 3.01).
4. The following requirements shall be met per the Kalispell Fire Department: Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with Uniform Fire Code (1997) Appendix Ill -A.
b. Fire hydrants shall be provided per City specifications at locations
approved by this department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with Uniform Fire
Codes.
d. Hazardous weed abatement shall be provided in accordance with City of
Kalispell Ordinance 10-8.
e. Buildings and homes shall be clearly addressed and visible from the
adjacent right of way.
5. That a curb, gutter, sidewalk and landscape boulevard shall be installed within the
right-of-way along Four Mile Drive with a minimum five feet wide sidewalk and five
foot landscape boulevard. (Kalispell Subdivision Regulations, Section 3.11).
5. That a letter be obtained from the Kalispell Parks and Recreation Director approving
a landscape plan for the placement of trees and landscaping materials within the five
foot landscape boulevard developed between the curb and the sidewalk as well as the
landscaping within the common areas of both the commercial and residential areas of
the site. (Kalispell Subdivision Regulations, Section 3.11).
7. That the required one ninth area be met with a payment of cash in lieu of parkland
dedication in the amount of $1,822 based on a value of approximately $18,000 per
acre for the residential component of the subdivision with approximately 0.92 acres
in residential lots and 11 percent or 0.10 of an acre for parkland dedication.
(Kalispell Subdivision Regulations, Section 3.19).
The covenants, conditions and restrictions be amended for the commercial
component of the development that addresses signage which limits the development
to two freestanding signs located at each entrance along Four Mile Drive to 24 square
Pa
feet per face, not to exceed six feet in height and signs attached to the building shall
not exceed 20 square feet per use. Additionally, any temporary signage shall comply
with the Kalispell Zoning Ordinance.
9. Prior to the issuance of a building permit for the development, a letter from the
Architectural Review Committee for The Greenery shall be submitted to the
Kalispell Site Development Review Committee stating that the plans for design and
construction have been reviewed and approved.
10. Prior to obtaining a building permit for the building located in the northeast corner of
the site, a permit shall be obtained from the Montana Department of Transportation
to allow working within their right-of-way.
11. The developer shall provide a letter from the U.S. Postal Service approving the plan
for mail service. (Kalispell Subdivision Regulations, Section 3.22).
12. Lighting shall be located within the development in a manner that insures it will be
adequately shielded and does not intrude onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
13. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
14. All areas disturbed during development of the subdivision shall be re -vegetated with
a weed -free mix immediately after development.
SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS 17TH
DAY OF MAY, 2004.
i"
3a6
Pamela . Kenne
Mayor -
ATTEST:
Theresa White
City Clerk
NOLAN HOLDINGS, LLC
LEGAL DESCRIPTION
The property is described as: Parcel A of Certificate of Survey No. 7966 in Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana, and including that portion of Four Mile
Drive that abuts Parcel A extending to the centerline of the R/W of Four Mile Drive, and excepting
therefrom State of Montana right of way as described more particularly in Document No.
198525214470 of record of Flathead County.
2004:G5 Q'� S%
PLANNED UNIT DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of the QAday of September, 2004, by NOLAN
HOLDINGS, L.L.C., a Montana Limited Liability, ompany, of 607 Dakota, Whitefish, Montana
59937, hereinafter NOLAN HOLDINGS, LLC, and the City of Kalispell, a municipal
corporation, of 312 1 st Avenue East, Kalispell, Montana 59901, hereinafter CITY;
WITNESSETH
WHEREAS, NOLAN HOLDINGS, LLC is the fee owner of certain real property located in
`Qr- Kalispell, Flathead County, Montana, which is further described in Exhibit A
`y annexed hereto and is hereinafter referred to as "Subject Property"; and
7
WHEREAS, (i) NOLAN HOLDINGS, LLC desires to have the Subject Property rezoned from
County SAG-10 to a City R-5 (Residential/Professional Office) with a Planned
Unit Development overlay (PUD), developed pursuant to said zoning change; (ii)
NOLAN HOLDINGS, LLC filed a PUD Application containing (a) a Zone
Change Application, (b) a PUD Narrative Supplement with Exhibits, (c) a
Perimeter Legal Description, (d) a Title Report, (e) a set of TWO (2) Covenant
Conditions and Restrictions (CCNR) covering TWO (2) proposed "pods" within
the Subject Property, and (f) Large Map Exhibits; and
WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements
within the "Subject Property, and prescribe the permitted uses within the "Pods"
the parties hereto determine it to be in their interests to enter into this
Development Agreement.
I. GENERAL INTRODUCTION
§ 1.01 General
The use and development of the Subject Property shall substantially conform to and comply with
the provisions of the PUD Application, dated March 8, 2004, the drawings annexed to this
Planned Unit Development Agreement, and the conditions contained within Kalispell City
Resolution No. 4887 conditionally approving the preliminary plat of the Greenery PUD and
incorporated fully herein by this reference.
§ 1.02 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Development Agreement and the annexed
drawings, and the PUD Application, dated March 8, 2004, the laws, rules and regulations of the
City of Kalispell governing the use and development of land and buildings, including the City of
Kalispell Zoning Ordinance, shall apply to the Subject Property.
PLANNED UNIT DEVELOPER'S AGREEMENT/NOLAN HOLDINGS LLC
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2004i'�G5 6I S 10
§ 1.03 Drawings
The drawings annexed and the PUD Application, dated March 8, 2004, to this Planned Unit
Development Agreement are an integral and essential component thereof, and they are
incorporated by reference herein.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned Development Agreement shall become effective immediately and
shall terminate upon the issuance of a building permit(s) for development of the last "pod" on the
Subject Property. This Development Agreement may be modified or amended only as set forth
in Article V hereof.
§ 1.05 Certification Procedure
Whenever in this Planned Unit Development Agreement a certificate by the Director of Public
Works is required to be given, such certificate shall be given within thirty (30) days of the receipt
of a completed application. Such an application shall be deemed to be complete upon receipt of
such drawings and narrative information as are reasonably necessary for the issuance of such
certification.
II. PARCEL DESCRIPTION
§ 2.01 The Subject Property, described in Exhibit "A", shall be developed with the infrastructure
improvements described in § 3.01 and 3.02.
The Subject Property shall be surveyed and divided, immediately, into TWO (2) parcels (Pods),
pursuant to 576-3-207 (f)(a), MCA, as indicated on the Large Map Exhibits accompanying the
PUD Application, provided however that no building permit shall be issued on any of the TWO
(2) parcels unless and until all improvements specified in this Agreement as well as those
infrastructure improvements which may be required by the City of Kalispell's Standards for
Design and Construction are either constructed or security provided guaranteeing construction of
said improvements for that particular "Pod" upon which a building permit is requested.
III. SITE CONDITIONS
§ 3.01 Access and Public Infrastructure
I) All accesses to the Subject Property shall be engineered and constructed in
accordance with City of Kalispell's Standards for Design and Construction.
II) The plans and specifications for all public infrastructures shall be designed and
installed in accordance with the Kalispell Design and Construction Standards and
PLANNED UNIT DEVELOPER'S AGREEMENTINOLAN HOLDINGS LLC
Page 2 of 9
2004265 3 CT S f
a letter shall be obtained stating that they have been reviewed and approved by the
Kalispell Public Works Department.
III) All sewer and water utilities servicing the various "Pods" shall be engineered and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction.
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations
approved by the Fire Department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with Uniform Fire
Code (1997) Article 9.
IV) A curb, gutter, sidewalk and landscape boulevard shall be installed within the
right-of-way along Four Mile Drive with a minimum five feet wide sidewalk and
five foot landscape boulevard.
§ 3.02 Storm Sewer, Roadways, Traffic Signal, Signage and Accessory Uses
I) All storm sewer utilities servicing the various "Pods shall be in accordance with
the PUD Application, dated March 8, 2004, and engineered and constructed in
accordance with the City of Kalispell's Standards for Design and Construction.
II) All roadways shall be in accordance with the PUD Application, dated March 8,
2004, and engineered and constructed in accordance with the City of Kalispell's
Standards for Design and Construction.
III) Accessory Uses for all "Pods" are as set forth in the City of Kalispell Zoning
Ordinance.
IV) The covenants, conditions and restrictions be amended for the commercial
component of the development that addresses signage which limits the
development to two freestanding signs located at each entrance along Four Mile
Drive to 24 square feet per face, not to exceed six feet in height and signs attached
to the building shall not exceed 20 square feet per use. Additionally, any
temporary signage shall comply with the Kalispell Zoning Ordinance.
V) Lighting shall be located within the development in a manner that insures it will
be adequately shielded and does not intrude onto adjoining properties.
PLANNED UNIT DEVELOPER'S AGREEMENTINOLAN HOLDINGS LLC
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2004265 () cf � (0
IV. DEVELOPMENT STANDARDS AND USE REGULATIONS
§ 4.01 The Greenery Professional Park "Pod"
I) Permitted Uses within The Greenery Professional Park "Pod" shall conform to the
Declarations of Covenants, Conditions and Restrictions of The Greenery
Professional Park contained in the PUD Application, dated March 8, 2004.
II) Property Development Standards with The Greenery Professional Park "Pod"
shall conform to § 27.08.040, City of Kalispell, Zoning Ordinance.
§ 4.02 The Greenery Townhomes "Pod"
§ 5.01
I) Permitted Uses within The Greenery Townhomes "Pod" shall conform to the
CCNR of The Greenery Townhomes contained in the PUD Application, dated
March 8, 2004.
II) Property Development Standards within The Greenery Townhomes "Pod" shall
conform to § 27.08.040, City of Kalispell, Zoning Ordinance.
V. AMENDMENT OR MODIFICATIONS OF
DEVELOPMENT AGREEMENT
1) This Development Agreement may be amended or modified only, by application
of the owner, in accordance with the procedures set forth herein.
II) Application for amendment or modification may be made, to the City of Kalispell
Site Review Committee, by any fee owner or ground lessee of a "pod" in respect
to the Subject Property. For purposes of this Article, "fee owner" shall not
include the owner of an individual unit located in a "pod" owned in whole or in
part pursuant to the Unit Ownership Act -- Condominiums, Title 70, Chapter 23
Montana Code Annotated (or any successor statutes), but shall include the
Architectural Review Committee of such "pod".
III) A) Modifications of this Development Agreement which are determined by
the Site Review Committee to be minor modifications shall require only
the consent of the Site Review Committee, and shall not require the
consent or approval of the City Council or any other public agency.
B) All amendments and modifications to this Development Agreement other
than minor modifications shall require the approval of the City Council of
the City of Kalispell.
PLANNED UNIT DEVELOPER'S AGREEMENT/NOLAN HOLDINGS LLC
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2004265 0 °r S 10
IV) A) All applications for modification or amendment of this Development
Agreement shall be filed with the Site Review Committee and the Site
Review Committee shall promptly determine whether the modification is
minor or major.
B) The Site Review Committee shall make its determination with respect to
any application for a minor modification subject to this Section within
fifteen (15) days after it determines the application to be subject to said
minor modification.
C) If the amendment or modification requested is of such a nature as to
require approval of the City Council, the Site Review Committee shall
refer the matter to the City Council within fifteen (15) days after it
determines the matter requires Council review.
D) The owner may appeal any decision of the Site Review Committee to the
City Council, who may affirm, reverse or modify the Site Review
Committee decision.
VI. CONSTRUCTION PHASING
§6.01 General Requirements
No building permit in respect to the building in any "Pod" shall be issued by the
Building Department until:
A) The Zoning Administrator has certified to the Building Department that
proposed building(s) substantially conform to § IV, Development
Standards and Use Regulations, and the CCNR' s for the appropriate
"Pod".
B) The Director of Public Works has certified to the Building Department
that the infrastructure improvements and roads required as shown on the
drawings submitted by the developer of the "Pod" substantially conform to
§ I1I, Site Conditions contained in this Agreement and that said
improvements have been constructed or security guaranteeing the
construction has been received by the City.
For purposes of this Section, the "Security" required shall be in an amount
equal to 100% of the developer's Licensed Engineer's estimate of the cost
of constructing said improvements.
PLANNED UNIT DEVELOPER'S AGREEMENTINOLAN HOLDINGS LLC
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2004265 d "1 -S7 I 0
VII. SEQUENCING
§7.01 General
I) The "Pods" and their associated portions of the Common Area are intended to be
as stand-alone developments within the Subject Property. The sequencing of
infrastructure improvements must conform to the requirements of §§ 3.01 through
3.03 of this Agreement.
II) The infrastructure improvements, under §§ 3.01 through 3.03, associated with the
individual "Pods" located on the Subject Parcel shall be substantially completed
on or before May 3, 2007, unless an extension for the development is granted by
the City Council. If said infrastructure improvements, required within the
respective "Pods" of the Subject Parcel, are not completed, and no extension
received, the Council shall redesignate the undeveloped portion of the Subject
Property in accordance with the City of Kalispell Zoning Ordinance.
VIII. MISCELLANEOUS
§8.01 Effective Date
This Agreement shall be effective immediately and shall remain in full force and effect
until all "Pods" within the Subject Property are developed or May 3, 2007, whichever
occurs first.
§8.02 Severability
In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or
detennined to be invalid or unlawful by a court of competent jurisdiction, such provision
shall be severable and the remainder of this Agreement shall continue to be of full force
and effect.
§8.03 Recordation
This Agreement shall be recorded along with the CCNR's with respect to the "Pods"
within the Subject property.
§8.04 Entire Agreement - Primacy
This Agreement constitutes the entire agreement between the parties and may only be
amended as set forth herein. In the event, during the term of this Agreement, there is a
variance between the provisions of this Agreement and the CCNR's, filed with respect to
the individual "Pods", this Agreement shall take precedence.
PLANNED UNIT DEVELOPER'S AGREEMENT/NOLAN HOLDINGS LLC
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2009265 0 9' SIC)
§8.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
L
Dated this day of September, 2004.
NOLALHO INGS, L.L.C.
BY.
Harold N. Beac Managing Member
CITY OF KALIS E
BY:
Fr nk Garner, Interim City Manager
STATE OF MONTANA )
):ss
County of Flathead )
4
On this day of September, 2004, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared HAROLD N. BEACH, Managing Member of
NOLAN HOLDINGS, L.L.C., the Montana Limited Liability Company that executed the
foregoing instrument, and the person who executed said instrument on behalf of said Limited
Liability Company, and acknowledged to me that such Limited Liability Company executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
` •� • "'f •,',f� %� Notary Public, St e of MoqtVia
Residing at
My Commission Expires
PLANNED UNIT DEVELOPER'S AGREEMENUNOLAN HOLDINGS LLC
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2004265 0 01,S7 1 0
STATE OF MONTANA )
):ss
County of Flathead )
On thisc2?O �A day of , 20d, before me, a Notary Public in and for the
State of Montana, personally appeared Frank Garner, known to me to be the Interim City
Manager of the City of Kalispell, a municipality, that executed the within instrument, and
acknowledged that such City Manager subscribed, sealed and delivered said instrument as the
free and voluntary act of said municipality, for the uses and purposes therein set forth, and that
he was duly authorized to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
SA
otary Public, State of Montana
Residing at
e - My Commission Exp'res
PLANNED UNIT DEVELOPER'S AGREEMENT/NOLAN HOLDINGS LLC
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2004265
EXHIBIT "A"
NOLAN HOLDINGS, LLC
LEGAL DESCRIPTION
The property is described as: Parcel A of Certificate of Survey No. 7966 in Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana, and including that portion of Four Mile
Drive that abuts Parcel A extending to the centerline of the R/W of Four Mile Drive, and excepting
therefrom State of Montana right of way as described more particularly in Document No.
198525214470 of record of Flathead County.
ST-ATEOFMONTANA COUITYOFFLATHEAO) w
RECORDED INTHERECWD5OFFLATHEAD PUNT)
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