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Staff Report/Preliminary Plat
Tri-City Planning Office 17 Second Stred East - Suite 211 KaIispeil, Montana 59901 Phone: (406) 758-1850 Fag: (406) 751-1858 tricity@centu rytel. net www.tricityplanning-•int.com REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. dentz, Director Chris A. Kukulski, City Manager SUBJECT Spring Prairie Center Preliminary Plat MEETING DATE: December 1, 2003 BACKGROUND: This is a request by Goldberg Properties Inc. for preliminary plat approval of Spring Prairie Center, a 29-lot commercial development on approximately 54.37 acres located in the northwest corner of the intersection of US 93 and West Reserve Drive in Kalispell. The Kalispell City Planning Board held a public hearing on November 12, 2003 to consider the request. Staff recommended approval based on 20 conditions. At the public hearing the applicant's spoke in favor of the project. One person from the audience addressed the board asking questions about the BPA easement, pedestrian trails and if there was a plan for future extension of the collector streets. There were no other comments from the public. After the public hearing the board discussed the request and agreed, based on staff recommendations to amend conditions #3 & 10 to add clarifying language, to change condition 12e to reduce the number of sidewalks from 2 to 1 that extended east -west across each of the major parking tenant lots of phases 1 & 2, to have the one sidewalk line up with the major tenant's front door and to replace the second sidewalk corridor with a landscape planter the full length. Condition 15c was modified to specify that the north -south landscape treatment through the middle of the phase 1 and phase 2 large tenant parking lots was 18' x 36 feet planters with raised edges. Condition 19 was modified to reflect the fact that the 12" sewer main may not be required to be extended all the way to the west on the north collector street. The motion to approve #KPP-03014 passed unanimously. RECOMMENDATION: A motion to approve the Spring Prairie Center preliminary plat with the attached conditions would be in order. Respectfully submitted, J Thomas R. Jentz Director Report compiled: November 20, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalienell • City of Whitefish • City of Columbia Falls • Spring Prairie Center Preliminary Plat November 20, 2003 Page 2 Attachments: Transmittal letter Staff report #KPP-03-14 and application materials Minutes from 11/ 12/03 planning hoard meeting TRANSMIT\KAI.ISIIEL\2003\KPP03-14MEMO 1 RESOLUTION NO. 4853 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SPRING PRAIRIE CENTER, MORE PARTICULARLY DESCRIBED AS LYING IN THE E2 OF THE NE4 OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22'4VEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the Department of Natural Resources, owner, and Goldberg Properties, Inc., developer, of the certain real property described above have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on November 12, 2003, on the proposal and reviewed Subdivision Report KPP-03-14 issued by the Tri-City Planning Office, and. WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Spring Prairie Center, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December 1, 2003, reviewed the Tri-City Planning Office Report #KPP-03-14, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and. found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-03-14 are hereby adopted as the Findings of pact of the City Council. SECTION 11. That the application of the DNRC and Goldberg Properties, Inc. for approval of the Preliminary Plat of Spring Prairie Center, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions. That the development of this site will be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). 2. That the development of the site will be in substantial conformance with the approved preliminary plat documents entitled Spring Prairie Center and associated submittal drawings which shall govern the general location of the lots, easements, roadways freestanding signage, landscaping and pedestrian access facilities except as modified by the conditions listed herein. Those documents are listed. below. (Kalispell Sub. Regs. Appendix C — Final Plat I(A) Contents of final plat.) 0 Spring Prairie Center Site plan dated 10/16/03 • Spring Prairie Center Preliminary Plat Document A -I dated 10/6/03 • Spring Prairie Center Site Drainage Concepts DP dated 9/30/03 • Spring Prairie Proposed Infrastructure Section 36, T29N, R22W as approved byDNRC • Spring Prairie Center Phasing Schedule dated 10/16/03 • Spring Prairie Center Phase One Utility and Road Infrastructure dated 9,130103 3. That the streets r� adwa rs (ice — - V-blie) serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. (Kalispell Sub. Regs. Section 3.01 & 3.09A). 4. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Sub Regs. Sections 3.09 K(7) & M). 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 6. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.1.5). 7. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. (Kalispell Sub Regs, Sections 3.09, 3.11- 3.15). $. The two major east -west roads (one on the north and the other on the south) exiting out onto proposed traffic lights will be dedicated to the City. All remaining roads will be private in terms of ownership and maintenance. (Site Review Committee). 9. The two city streets extending east -west form the proposed traffic signals should be designed to minimum Collector Road Standards. (Kalispell Subdivision regulations Sec. 3.09, Table 1). 10. The southerly cast -west City street which forms the southerly boundary to the subdivision shall be accessible and available to provide coordinated access to the lands to the south including the DNRC State Office Complex and the Kalispell Kid's Sports site. 11. The applicants engineer shall certify to the City that it has received access approach permits from MDT and that all conditions of each access permit, including required traffic studies and required improvements have been achieved and or installed to the satisfaction of MDT. (Per request of Steve Herzog, Maintenance Supervisor, MDT Kalispell Office). 12. Pedestrian access shall be provided as shown on the Spring Prairie Center "Site Plan" dated 10/16/03. In addition to and for clarification the following shall apply: a. A pedestrian bike trail (typically a minimum of 10 feet wide) shall be constructed along the entire US Highway 93 frontage with each phase. The bike path shall be integrally designed into the landscape plan required between the curb line of US 93 and the 20 foot required landscape buffer required by the PUD. b. All sidewalks extending westerly from the three main access roads shall integrate into and connect with the Highway 3 bike path. c. In lieu of a sidewalk, a bike trail should be constructed along the south side of the southerly major east -west access road which forms the southern boundary of phase 2 of the subdivision. d. In addition, one two east -west sidewalk corridors per major tenant parking lot are shown and will be required to extend through the main tenant parking lots in Phases 1 and 2. The sidewalk should be coordinated with the main entrance of the major tenant store. This ens-ur-es that aii east est siddewaik is never- more than 500 feet on a age away. e. North -south sidewalks will be required along free two north -south corridors provided in this subdivision. First, a sidewalk will be required along the complete length of the internal private access road that parallels US 93 and bisects the traffic circle. Second, a sidewalk will be required along the fronts of the major building padsincluding Lowe's extending from the south boundary bike trail to the north boundary of the subdivision in a continuous fashion. Finally, a sidewalk . 11 11 of the maj ef 4enatit-par-king lots of Phase 1 and Phase 2 as shown en the site plan. f. Phase 3 shall have the same pedestrian access treatment as specified above for Phases I & 2. Each internal street shall have detached sidewalks with landscaped boulevard. Sidewalk corridors should be extended through majorparking lots in the same theme as phases I and 2. & Unless sidewalks and trails are located inside tenant parking lots they shall be detached in nature with a landscape boulevard between the walk/trail and the curb. h. Sidewalks shall be extended from adjacent trails and sidewalks into actual parcels to provide a connected and continuous walking area. i. All sidewalks located within parking lots shall have a raised concrete surface where they ;-foss lscape s a*ds for separation from traffic and parking. Where sidewalks cross traffic lanes, the sidewalk maybe at grade but shall be constructed of colored or textured concrete, stone or other contrasting material to visually denote a pedestrian way. Simply painting the walk area is not adequate. Per Section 3.03 (B) of the PUD Agreement, Section 1 #8 of the PUD ordinance and submitted site plan dated 10/ 1 b/03 )). 13. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from. the Kalispell Fire Department approving the access, placement of fire hydrants and fire flows within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. (Uniform Fire Code). 14. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 15. Development of an overall landscape plan addressing public and private street boulevards, street trees; perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the City Parks Director for approval in writing prior to installation. The plan shall address all PUD requirements and compliance with attached plans and applications materials. The landscaping im rovements in the public R/W and the landscape strip described in (c) below shall be accomplished at the time of final plat. The landscaping improvements on private property shall be address at the time of building errnit issuance. In particular the landscape plan shall address: a. All landscape buffers, boulevards, tree planters, landscape islands, tree wells, etc. and common areas with live landscape materials shall be provided with adequate irrigation. b. The applicant or future leases shall be responsible to insure the live landscaping as approved on the original landscape plan and installed is maintained in a "live" condition. C. An irrigated landscape corridor of at least 20 feet in width shall parallel the R/W of US Highway 93 including undulating topography and have a mix of tree plantings with a ground cover predominately of lawn. A similar 10-foot landscape treatment shall be developed along West Reserve- the West Side Bypass Corridor. d. In developing the landscape plan, the developer shall comply with the definition of landscaping as defined in the Kalispell zoning ordinance as follows: "Some combinations of planted, living trees, shrubs, hedges, vines, living ground cover and flowers suitable for the climate exposure and site conditions. In addition, the combination or design may include earth sculpture, cobble, bark, mulch, edgers, flower tubs, rock and such structural features as foundations, pools, art works, screens, walls, fences or benches, but such objects alone shall not meet the requirements of this provision." Bark, mulch, rock, etc. may augment live landscape features but the primary feature in all landscaping treatments shall be growing materials unless specifically modified as in special cases such as internal parking lot sidewalk corridors where trees would be in a protective grate as they line a sidewalk and form a canopy. e. Landscape islands within parking lots shall incorporate predominately living materials. One exception would be the raised sidewalk corridors extending through. the parking lots as shown on the submitted October .16, 2003 Spring Prairie Center colored site plan where trees within tree grates lining sidewalks is acceptable. Note that in parking lot landscape islands, shade trees shall be placed in such intensity and location as to form a canopy where they cover or line sidewalks and where ever they are used, a visual break from the open asphalt parking areas surrounding it. The site plan shows two shade trees at the ends of islands and 4 trees within internal islands. This may or may not be adequate depending on species selected. f. The major landscape corridor extending north -south throug, h. the major tenant parking lots of phases 1 & 2 are intended to raised curb planters measuring -approximately 18' x 36' or typically 4 parking spaces in size. (PUD Section 2.01 (E(2(F-G))) ). 16. All exterior lighting within the subdivision shall be shielded and directed downward so that it does not intrude unnecessarily onto adjoining properties or cause excessive glare or otherwise excessively light the site. In doing this all exterior lighting fixtures on buildings, streets and in parking lots shall be shielded with cut-offs and baffles with a minimum cut-off angle of 20 degrees below horizontal and the maximum light standard height is set at 30 feet above adjacent grade. This is not meant to discourage low intensity exterior lighting for architectural or landscape accent purposes. (Site review, .PUD Section 2.02 lI (3). 17. The applicant shall certify that Phase 3 is developed within the requirements of the BPA transmission corridor. this easeme-PA. (BPA requirements). 18. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. (Site .Review). 19. With the development of Phase 1, the infrastructure as illustrated in the Phase One Utility and Road Infrastructure Exhibit A-1 dated 9/30/03 and issued 10/6/03 shall be complied with. Specifically the northern most east -west City street shall be fully constructed from the traffic light on the east to the westerly subdivision line. In addition the 14" water main and the I2" sewer main shall be extended to this boundary as well unless Otherwise proven unnecessary by the Public Works Department. (Kalispell Standards for Design and Construction). 20. The preliminary approval shall be valid for a period of three years from the date of approval. Upon the filing of each successive phase, an additional two years from date of final plat approval of the previous phase shall be granted. Prior to the expiration of any phase, a one- year extension may be requested. (Kalispell Sub. Regs. Section 2.04 (E (7)). SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL. AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS I ST DAY OF DECEMBER, 2003, Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street .East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax. (406) 751-1858 t icLkeentu tell.net www.tncityp laming-mt. corn November 20, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Spring Prairie Center - Preliminary Plat Dear Chris: The Kalispell City Planning Board met on November 12, 2003 and held a public hearing to consider a request by Goldberg Properties Inc. for preliminary plat approval, of Spring Prairie Center, a 29-lot commercial development on approximately 54.37 acres located in the northwest corner of the intersection of US 93 and West Reserve Drive in Kalispell. Tom Jentz, of the Tri-City Planning Office, presented staff report #KPP-03-14 evaluating the proposal. Jentz recommended approval based on 20 conditions. At the public hearing the applicant's spoke in favor of the project. One person from the audience addressed the board asking questions about the BPA easement, pedestrian trails and if there was a plan for future extension of the collector streets. There were no other comments from the public. After the public hearing the board discussed the request and agreed, based on staff recommendations to amend conditions ##3 & 10 to add clarifying language, to change condition 12e to reduce the number of sidewalks from 2 to 1 that extended east -west across each of the major parking tenant lots of phases 1 & 2, to have the one sidewalk line up with the major tenant's front door and to replace the second sidewalk corridor with a landscape planter the full length. Condition 15c was modified to specify that the north -south landscape treatment through the middle of the phase 1 and phase 2 large tenant parking lots was 18' x 36 feet planters with raised edges. Condition 19 was modified to reflect the fact that the 12" sewer main may not be required to be extended all the way to the west on the north collector street. A motion was then made to accept Staff Report #KPP-03-14 as findings of fact and recommend that the Plat of Spring Prairie Center be forward on to City Council for approval with the 20 conditions as articulated by staff attached. Please schedule consideration of this preliminary plat for the Kalispell City Council meeting of December 1, 2003. You may contact this board or Tom Jentz at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: - City of Kalispell - City of Columbia. Falls - City of Whitefish • Spring Prairie Center Preliminary Plat November 20, 2003 Page 2 of 7 Sincerely Kalispell City Planning Board George Taylor President GT/TRJ/ srca Attachments: Attachment A - Recommended Conditions of Approval Stan report ##KPP-03-14 and application materials Minutes 11/ 12/03 Planning Board meeting cw/ Att: Theresa White, Kalispell City Clerk c w/o Att: Gary Elerman, SEM Architects, Inc. ,677 South Colorado Blvd, Ste 200 Denver, CO 80246 Grant Nelson, Goldberg Properties, Inc., 1120 Lincoln Street Suite 903 Denver, CO 80203 Don Lawhead, Western Project Services, 5881 South Sherman Way Centennial, CO 80121 David Greer, Dept. of State Lands, 2250 Highway 93 North, Kalispell, MT 59901 TRANSMIT\KALISPEL\2003\KPP-03-14 Spring Prairie Center Preliminary Plat November 20, 2003 Page 3 of 7 ATTACHMENT A SPRING PRAIRIE CENTER SUBDIVISION #KPP-03-14 CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD NOVEMBER 12, 2003 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced preliminary plat. A public hearing was held on this matter at the November 12, 2003 planning board meeting: That the development of this site will be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). 2. That the development of the site will be in substantial conformance with the approved preliminary plat documents entitled Spring Prairie Center and associated submittal drawings which shall govern the general location of the lots, easements, roadways freestanding signage, landscaping and pedestrian access facilities except as modified by the conditions listed herein. Those documents are listed below. (Kalispell Sub. Regs. Appendix C - Final Plat I(A) Contents of final plat.) • Spring Prairie Center Site plan dated 10/ 16/03 • Spring Prairie Center Preliminary Plat Document A-1 dated 10 / 6 / 03 • Spring Prairie Center Site Drainage Concepts DP dated 9130/03 • Spring Prairie Proposed Infrastructure Section 36, T29N, R22W as approved by DNRC • Spring Prairie Center Phasing Schedule dated 10/ 16/03 • Spring Prairie Center Phase One Utility and Road Infrastructure dated 9/30/03 3. That the streets serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. (Kalispell Sub. Regs. Section 3.01 & 3.09A). 4. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Stab Regs. Sections 3.09 K(7) & M). 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 6. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). Spring Prairie Center Preliminary Plat November 20, 2003 Page 4 of 7 7. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. (Kalispell Sub Regs. Sections 3.09, 3.11 -- 3.15). 8. The two major east -west roads (one on the north and the other on the south) exiting out onto proposed traffic lights will be dedicated to the City. All, remaining roads will be private in terms of ownership and maintenance. (Site Review Committee). 9. The two city streets extending east -west form the proposed traffic signals should be designed to minimum Collector Road Standards. (Kalispell Subdivision regulations Sec. 3.09, Table 1). 10. The southerly east -west City street which forms the southerly boundary to the subdivision shall be accessible and available to provide coordinated access to the lands to the south including the DNRC State Office Complex and the Kalispell Kid's Sports site. 11. The applicants engineer shall certify to the City that it has received access approach permits from MDT and that all conditions of each access permit, including required traffic studies and required improvements have been achieved and or installed to the satisfaction of MDT. (Per request of Steve Herzog, Maintenance Supervisor, MDT Kalispell Office). 12. Pedestrian access shall be provided as shown on the Spring Prairie Center "Site Plan" dated 10/ 16/03. In addition to and for clarification the following shall apply: a. A pedestrian bike trail (typically a minimum of 10 feet wide) shall be constructed along the entire US Highway 93 frontage with each phase. The bike path shall be integrally designed into the landscape plan required between the curb line of US 93 and the 20 foot required landscape buffer required by the PUD. b. All sidewalks extending westerly from the three main access roads shall integrate into and connect with the highway 3 bike path. c. In lieu of a sidewalk, a bike trail should be constructed along the south side of the southerly :major east -west access road which forms the southern boundary of phase 2 of the subdivision. d. In addition, one two east -west sidewalk corridors per major tenant parking lot are shown and will be required to extend through the main tenant parking lots in Phases 1 and 2. The sidewalk should be coordinated with the main entrance of the major tenant store. This wisures that an east west sidewalk is uever mo e North -south sidewalks will be required along tree two north -south corridors provided in this subdivision. First, a sidewalk will be required along the complete length of the internal private access road that parallels US 93 and bisects the traffic circle. Second, a sidewalk will be required along the fronts of the major building pads including Lowe's extending from the south boundary bike trail to the north boundary of the subdivision, in a continuous fashion. Fin gy, a Spring Prairie Center Preliminary Plat November 20, 2003 Page 5 of 7 f. Phase 3 shall have the same pedestrian access treatment as specified above for Phases 1 & 2. Each internal street shall have detached sidewalks with landscaped boulevard. Sidewalk corridors should be extended through major parking lots in the same theme as phases i and 2. g. Unless sidewalks and trails are located inside tenant parking lots they shall be detached in nature with a landscape boulevard between the walk/trail and the curb. h. Sidewalks shall be extended from adjacent trails and sidewalks into actual parcels to provide a connected and continuous walking area. i. All sidewalks located within parking lots shall have a raised concrete surface where they -Erosslandseepe- islan for separation from traffic and parking. Where sidewalks cross traffic lanes, the sidewalk may be at grade but shall be constructed of colored or textured concrete, stone or other contrasting material to visually denote a pedestrian way. Simply painting the walk area is not adequate. Per Section 3.03 (B) of the PUD Agreement, Section 1 #8 of the PUD ordinance and submitted site plan dated 10/ 16/03)), 13. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access, placement of fire hydrants and fire flows within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. (Uniform Fire Code). 14. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 15. Development of an overall landscape plan addressing public and private street boulevards, street trees; perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the City Parks Director for approval in writing prior to installation. The plan shall address all PUD requirements and compliance with attached plans and applications materials. The landscaping improvements in the public. R W and the landscape strip described in c below shall be accozn fished at the time of final plat. The landscaping improvements on private propertV shall be address at the time of building permit issuance. In particular the landscape plan shall address: a. All landscape buffers, boulevards, tree planters, landscape islands, tree wells, etc. and common areas with live landscape materials shall be provided with adequate irrigation. b. The applicant or future leases shall be responsible to insure the live landscaping as approved on the original landscape plan and installed is maintained in a "live" condition. c. An irrigated landscape corridor of at least 20-feet in width shall parallel the R/W of US Highway 93 including undulating topography and have a mix of tree plantings with a ground cover predominately of lawn. A similar 10-foot landscape treatment shall be developed along West R-e o, >,o the West Side Bypass Corridor. d. In developing the landscape plan, the developer shall comply with the definition of landscaping as defined in the Kalispell zoning ordinance as follows: "Some combinations of planted, living trees, shrubs, hedges, vines, living ground cover and flowers suitable for the climate exposure and site conditions. In addition, the Spring Prairie Center Preliminary Plat November 20, 2003 Page 6 of 7 combination or design may include earth sculpture, cobble, bark, mulch, edgers, flower tubs, rock and such structural features as foundations, pools, art works, screens, walls, fences or benches, but such objects alone shall not meet the requirements of this prevision.' Bark, mulch, rock, etc. may augment live landscape features but the primary feature in all landscaping treatments shall be growing materials unless specifically modified as in special cases such as internal parking lot sidewalk corridors where trees would be in a protective grate as they line a sidewalk and form a canopy. e. Landscape islands within parking lots shall incorporate predominately living materials. One exception would be the raised sidewalk corridors extending through the parking lots as shown on the submitted October 16, 2003 Spring Prairie Center colored site plan where trees within tree grates lining sidewalks is acceptable. Note that in parking lot landscape islands, shade trees shall be placed in such intensity and location as to form a canopy where they cover or line sidewalks and where ever they are used, a visual break from the open asphalt parking areas surrounding it. The site plan shows two shade trees at the ends of islands and 4 trees within internal islands. This may or may not be adequate depending on species selected. f. The major landscape corridor extending north -south through the major tenant arkin lots of phases 1 & 2 are intended to raised curb planters measurixt Mproxiately 18' x 36' or typically 4 paEkihi spaces in size. (PUD Section 2.01 (E(2(F-G))) ). 16. All exterior lighting within the subdivision shall be shielded and directed downward so that it does not intrude unnecessarily onto adjoining properties or cause excessive glare or otherwise excessively light the site. In doing this all exterior lighting fixtures on buildings, streets and in parking lots shall be shielded with cut-offs and baffles with a minimum cut-off angle of 20 degrees below horizontal and the maximum light standard height is set at 30 feet above adjacent grade. This is not meant to discourage low intensity exterior lighting for architectural or landscape accent purposes. (Site review, PUD Section 2.02 H (3). 17. Prior to development of Phase 3, DNRC shall negotiate an casement with BPA and the applicant shall certify that Phase 3 is developed within the confutes and terms of this easement. (BPA lease requirements). 18. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. (Site Review). 19. With the development of Phase 1, the infrastructure as illustrated in the Phase One Utility and Road Infrastructure Exhibit. A-1 dated 9 / 30 / 03 and issued 10 / 6 / 03 shall be complied with. Specifically the northern most east -west City street shall be fully constructed from the traffic light on the east to the westerly subdivision line. In addition the 14" water main and the 12 ' sewer main shall be extended to this boundary as well unless otherwise proven unnecess b the Public Works Department. (Kalispell Standards for Design and Construction). Spring Prairie Center Preliminary Plat November 20, 2003 Page 7 of 7 20. The preliminary approval shall be valid for a period of three years from the date of approval. Upon the filing of each successive phase, an additional two years from date of final plat approval of the previous phase shall be granted. Prior to the expiration of any phase, a one-year extension may be requested. {Kalispell Sub. Regs. Section 2.04 (E (7)). Mai Jentz answered a day care and counseling business that are zoned RA-3, which is High Density/Office. ROLL CALL The motion passed unanimously on a roll call. vote. GOLDBERG PROPERTIES, A request by Goldberg Properties, Inc. on behalf of the INC. PRELIMINARY PLAT Department of Natural Resources for preliminary plat APPROVAL approval of Spring Prairie Center, a 29-lot commercial subdivision on 54.4 acres located on the west side of US Highway 93 immediately south of the West Reserve intersection. STAFF REPORT Tom Jentz, with the Tri-City Planning Office, gave a KPP-03-14 presentation of staff report KPP-03-14, a request for preliminary plat approval of Spring Prairie Center, a 29-lot commercial subdivision, on 54.4 acres located on the west side of US Highway 93 immediately south of the West Reserve intersection. Jentz stated that the issue tonight for Spring Prairie is the subdivision, and we will not be dealing with other issues like signage, etc. He showed a site plan with Highway 93 forming the eastern boundary and Reserve Drive forming the northern boundary. He stated that the right of way for the future bypass goes across the property to the north, and the BPA has a transmission corridor running through Phase 3 of the site. It is currently vacant, except forthe RPA line Jentz stated that there is a half -mile of frontage on Highway 93, with the properties extending back from the Highway. He stated the plat shows 15 or 16 building pads, but there are actually 29 parcels. He said that large tenants will consolidate several parcels, smaller tenants may use individual parcels. Jentz explained the developer will be consolidating and shifting parcels, depending on the tenants. Other than Lowes, the developers are not sure exactly who will come in, other than they willbe commercial in nature. Jentz said the property is 54 acres of land, and is part of the 1999 Section 36 Neighborhood Plan. This particular area was designated commercial. He said that in December of 2001 a PUD was approved by the city which developed the zoning and design standards for the area and that we are at the end of the development process as we look at the subdivision. Jentz stated there are few environmental constraints; however, the site is crossed by a BPA power line_ He said the BPA will place constraints about what and where the developers can build under those power lines. There are no water problems, no slope imitations, and no steep terrain. He stated that the property was annexed a few nears aRo and Kalispell City Planning Board Minutes of the meeting of November 12, 2003 P,gUa ; of 10 public services are available to the site right now. Jentz explained that the primary access is on Highway 93, and that Goldberg's application shows three major access points. He said one access lines up directly with the Mountain View Plaza stop light at Home Depot, and it will be built to city standards. A second access will line up with Target, but will be right turn only; there will be no access across 93. It will be a private street with a traffic circle. The third access forms the southern boundary of the project, it will be a city street built to collector standards and is proposed to have a traffic light. Jentz stated that the three accesses need to be permitted by MDT and need to be justified via access permits. He said the applicants will be required to undertake a traffic study, that the design and configuration will be addressed by MDT and that the access permit requires the applicants to install the improvements. Jentz explained that the third access lines up with the college property and will be a future cross intersection with DNRC office access. He said there will be limited access to Highway 93 in the future, and that the KidSports site will have a north access via this street. Jentz stated that a key feature of the project was pedestrian access. He said they want a bike trial on Highway 93, paralleling the east side path, that will follow the south collector street to KidSports, and a boulevard with sidewalks all the way through the project. He said the internal roads will also provide sidewalks and they will possibly have sidewalks lining up with the front door of the project with landscape islands. He said the sidewalk issue will be further addressed in the conditions. Jentz said that there are 20 conditions, and that he has some minor tweaks to clarify some of the wording. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES Mark Goldberg, president of Goldberg Properties, applicants for the Spring Prairie project, stated that he agreed with Taylor's comments about Jentz and the Tri City staff. He stated that he has been involved with the project for over a year, and that it is a well conceived and designed project, with a variety of shopping experiences to look forward to. Grant Nelson., Goldberg Properties Vice President, gave a presentation and explained an overview of the project. Jack Swanson, KDRA, architects for Lowes, continued the presentation and ex lained how the project will look. Kalispell City Planning Board Minutes of the meeting of November 12. 2003 Pate 4 of 10 David Greer, DNRC, answered questions from the board. PUBLIC COMMENT ' Jamie Armstrong, 281 Arbour Drive, stated that he appreciates Goldberg's insights into attractive development, and asked Jentz questions about the western access onto Stillwater Drive , the BPA lines and the bypass to the north. He asked if Goldberg Properties can help to expedite the bypass or can we link this project to the bypass? No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Hinchey seconded to adopt staff report KPP-03-14 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed preliminary plat approval for Spring Prairie Center be approved subject to the 20 conditions. BOARD DISCUSSION Taylor asked about the most southerly road near DNRC, and if it was one of the conditions. Jentz answered it is condition No. 10, and he has added language that it should be accessible and available to the south, and also built to collector standards. Atkinson asked what the width of the private roads were. Jentz said that city standards will be met, but that the developers may make it larger, depending on their needs. The developers were presently proposing 30 feet. Atkinson also asked about sidewalks on Highway 93 or will there just be a bike path. Jentz answered there would be a 10 foot wide bikepath with the sidewalks connecting to them. Hull asked about the height allowance request; if the applicants were requesting 60 feet instead of 35 feet, will our ladder truck go that high? Jentz answered that, while not before the board tonight, the applicants are requesting some modifications to signage, height restrictions, access and uses. He stated that 60 feet is allowed in that zone, which is B-5, and that tall buildings are designed differently. It is not a fire issue and our ladder truck reaches 55 feet. Norton stated that he works with the Department of Revenue and asked if it would be a conflict of interest if he were to vote. Taylor said the Board does not see a conflict of interest. Kalispell City [Tanning Board Minutes of the meeting of November 12, 2003 o_ G _f7111 (Presentations from the applicants) Hinchey asked Nelson if each individual store would have their own sign or if they would they be stacked on the monument sign. Nelson answered that only Lowes would have a monument sign. Jenta clarified that the main anchor in phase I and phase 2 would have their own monument sign, while the smaller tenants would have signage on their buildings only. Norton asked if the other tenants have to follow the design standards of Lowes. Nelson answered yes, there will be an Architectural Review Committee, according to the lease with the state. Norton stated that it is a 50 year lease, and asked if Goldberg Properties will still be here and financially viable. Nelson answered they hope their concepts are viable for a long time and they hope they are successful, as we do. Norton asked about the bypass. Jentz explained the street system that is planned for the area. He stated the presence of the project will spur the bypass, because of the increased traffic, and that it is part of the federal highway system. There was discussion about the BPA lines. Nelson stated that the wires are definitely an issue, and that power poles, landscape, parking, etc. will be effected by the wires. It is an engineering issue. David Greer, DNRC, stated that the SPA corridor is 250 feet wide but is not located in an easement and is subject to the National Electric Safety Code, which is subject to review by the BPA. He said it is reviewed on a case by case basis, and the sag of the wire has a big influence, because you can't put a road underneath a saggy wire. He stated there is a reserved corridor of 240 feet wide by the bypass, and that tenants will not be placed in that corridor. He said they are working towards getting an easement for the power lines. Norton asked if the state has considered relocating the BPA lines. Greer stated that those two towers could zo on one elevated Kalispell City Planning Board Minutes of the meeting of November 12. —003 Paae 6 of 10 single pole structure, but that it costs $750,000 because they have to go for a mile -long stretch. He said that MDT may trigger a redesign for the limes when the bypass is done. Taylor asked Jentz what changes he had in mind for the conditions. Jentz suggested the following: Cond. 3 -- That the streets readways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. Cond. 10 -- The southerly east -west City street which forms the southerly boundary to the subdivision shall be accessible and available to provide coordinated access to the lands to the south including the DNRC State Office Complex and the Kalispell Kid's Sports site. Cond 12 d -- In addition, onne #ems east -west sidewalk corridor per major tenant parking lot are is shown and will be required to extend through the main tenant parking lots in Phases 1 and 2. The sidewalk should be coordinated with the main entrance of the major tenant store. T-ki ensur that an east west sidewalk is neveF meize than 500 feet en Taylor suggested "one or more" sidewalks, instead of limiting it to only one. Jentz stated it was one per major tenant, so if there were three major tenants, there would be three sidewalks. There was a lengthy discussion about sidewalks and landscaping. Cond. 15 c - The plan shall address all PUD requirements and compliance with attached plans and applications materials. The landscaping improvements in the public R W and the landscape strip described in c below shall be accomplished at the time of final plat. The landscaping improvements onrivate roe shall be address at the time of building permit issuance. In particular the landscape plan shall address: ...c. A similar 10-foot landscape treatment shall be developed along West Reserve the West Side Bypass Corridor. Cond, 19 -- ... In addition the 14" water main and the 12" sewer main shall be extended to this boundary as well unless otherwise proven unnecessary by the Public Works De artment. Kalispell City Planning Board Minutes of the meeting of November 12, 2003 n--- 1 ._c Y n Jentz stated that there may be one more condition dealing with the proposed north/south sidewalk through the major parking lots. He said that the applicant wondered why a sidewalk is required and they offered to make landscape islands instead. He said there is not a lot of .need for pedestrian traffic there and that it is a sidewalk to nowhere, but that it can offer significant landscaping. Anderson stated that the landscape option was a better idea. Taylor agreed. Cond. 12 e - North -south sidewalks will be required along three two north -south corridors provided in this subdivision. First, a sidewalk will be required along the complete length of the internal private access road that parallels US 93 and bisects the traffic circle. Second, a sidewalk will be required along the fronts of the major building pads including Lowe's extending from the south boundary bike trail to the north boundary of the subdivision in a continuous fashion. gie majer- tenant par -king late of Phase I —and- _Rk-ase 2 as shown en the site Plan. There was further discussion about sidewalks and landscaping. Cozad. 15 f -- The rumor landscape corridor extending north - south through the maior tenant parking lots of xrhases 1 & 2 are intended to be raised curb planters measurin aRproximately 18' x W or typically,4 parking spaces in size. Hull stated that if there were no curbs, cars would park across the sidewalk so that pedestrians cannot get by and that a raised sidewalk with landscaping will serve as a buffer. AMENDMENT Taylor moved and Atkinson seconded that all of Jentz's word changes be accepted as stated. ROLL CALL (AMENDMENT) The amendment carried on an unanimous roll call vote. ROLL CALL (MAIN MOTION) The main motion carried on a unanimous roll call vote. CITY OF KALISPELL A request by the City of Kalispell to amend the Planned Unit ZONING TEXT Development section of the Kalispell City zoning ordinance AMENDMENT REQUEST (Chapter 27.21) to allow PUDs in the R-5, Residential/ Professional Office zone and in particular to amend section 27.21.030 to allow a maximum density of 14 dwelling I' units/acre in the R-5 and to change the R-4 residential density from 10 to 12 units/acre. Kalispell Ciry Planning Board Minutes of the meeting of November 12. 2003 Pane 8 of 10 SPRING PRAIRIE CENTER SUBDIVISION TRI-PLANNING OFFICE SUBDIVISION REPORT #KPP-03-14 NOVEMBER 4, 2003 A report to the Kalispell City Planning request for preliminary plat approval of Prairie PUD. A public hearing on thi BACKGROUND s A. Applicant: Gary Elerman SEM Architects, INC 677 South Colorado Boulevard, Suite 200 Denver, CO 80246 (303) 220-8900 Developer/ Lessor: Development Manager: Grant Nelson Goldberg Properties, Inc. 1120 Lincoln Street Suite 903 Denver, CO 80203 (303) 759-8000 Don Lawhead Western Project Services 5881 South Sherman Way Centennial, CO 80121 (303) 794-6252 Owner: David Greer Dept. of State Lands 2250 Highway 93 North Kalispell, MT 59901 B. Location: This property is located on the southwest corner of the intersection of West Reserve Drive and US Highway 93. The site has approximately 1/2 mile of frontage along US 93 and is generally described as lying in the E2 of the NE4 of Section 36, Township 29N, Range 22 West, PMM, Flathead County, Montana. C. Size: Total area: 54.37 acres Area in Lots: 5 1. 14 acres Area in Streets: 3.23 acres Minimum Lot Size: 0.49 acres Maximum Lot Size 13.40 acres D. Nature of the Request: The applicants are requesting preliminary plat approval of a 29-lot commercial subdivision proposed to be developed on the State School Trust Site. The applicants/developers, Goldberg Properties, Inc. have successfully bid and O'KPP-03-14 Page t of 13 are under contract with the DNRC to develop this commercial POD. The applicants propose a 3-phase commercial development. The phases are divided by major east/west roads. The first phase will be the center portion of the site. Note that the largest building pad on the center phase is labeled Lowe's as this company has committed to be the first tenant. Phase 2 lies to the south of the first phase and phase three lies to the north of the Lowe's Phase. Please note that while the applicants are requesting permission to create up to 29 individual lease lots on this 54 acres, as was the case across the street on the Home Depot Site, larger tenants will probably consolidate several of these parcels into single development projects. The site plan shows a potential build out with a Lowe's, two additional larger box stores and 13 smaller pads or footprints. At this point the applicant would choose to maintain flexibility not knowing for sure what the actual tenant mix and needs will be. A neighborhood plan (Section 36 Neighborhood Plan) was approved for the entire School Trust Section in 1999. This neighborhood plan designated areas of the State School Section for various proposed uses including the 136 acre City recreation site for Kids Sports, the mixed commercial POD (under discussion with this project), the mixed professional POD in the northwest portion of the section and a Residential POD in the southwest portion of this section. Shortly after adoption by the City, the neighborhood plan was the subject of a state MEPA (Montana Environmental Policy Act) review and assessment which further refined the neighborhood plan. This was required as the neighborhood plan was considered a significant State action. In December 2001, Section. 36 was annexed and a PUD overlay (Spring Prairie PUD) was approved by the City of Kalispell for Section 36 which developed the zoning and design standards in compliance with the neighborhood plan. The Spring Prairie PUD will guide and regulate this proposed subdivision. Please find a copy of the Spring Prairie PUD attached to this staff report for your review should you have specific questions as to the nature or conditions of the PUD agreement governing this site. E. Existing Land Use: The property is generally farmland and is void of all structures except for a BPA overhead transmission line that bisects the northerly portion of he site. One set of towers are located on the very northeast corner of the site and overhead lines straddle the site. F. Adjacent Land Uses: The project site abuts US Highway 93 for approximately 1/2 mile along the eastern boundary. Across this 5-lane arterial lies the Mountain Plaza commercial development containing Home Depot, Target, Pier 1, Petco, etc. To the immediate south lies the DNRC State Lands office complex and helicopter pad. Further south lies Kid's Sports, the City's Sports Complex. To the west lies 1/4 of a mile of open farmland owned by DNRC. To the north across West Reserve Drive lies a significant apartment complex called Mountain Villa and a residential condominium development and further west lies single-family houses. G. Existing Zoning: This property is zoned as the Spring Prairie PUD, adopted in December, 2001 in compliance with the Section 36 neighborhood plan and further refined by the state MEPA process. This particular site is regulated under the mixed commercial POD standards which anticipate a broad spectrum of retail commercial activities. The PUD utilized the B-5 zone as the underlying zone. It also addresses #KPP-D3-14 Page 2 of 13 building design standards, setbacks, parking lot design, signage standards, lighting, access, and landscaping. Under separate request and report the applicants are requesting to modify several aspects of the PUD along with this project. These revisions, per the PUD amendment section, are forwarded directly to the Council for consideration and are not directly part of the board discussion. H. Adjacent Zoning: North: County - RA-1 South: Spring Prairie PUD East: Commercial - Mountain Plaza PUD West: Spring Prairie PUD (Mixed Commercial POD) I. Relation to Growth Policy Map: The Section 36 neighborhood plan was adopted as an addendum to the Kalispell Growth policy. The neighborhood plan designates the subject area of this subdivision as Commercial/Retail. The Spring Prairie PUD was adopted as the implementing tool of the neighborhood plan. The PUD designates the site as a Mixed Commercial PUD based on a B-5 zone classification. This project will be required to be in compliance with the PUD as amended through the process. J. Utilities: Water: City of Kalispell Sewer: City of Kalispell Electricity: Flathead Electric Cooperative (underground) Telephone: Cen.turyTel (underground) Solid Waste: City of Kalispell Fire: City of Kalispell Schools: School District #5, Kalispell Police: City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with State statutory review criteria and the Kalispell City Subdivision Regulations. The following findings are made: A. Effects on Health and Safety: Fire: The proposed subdivision has excellent access via US 93 and West Reserve Drive. This subdivision would be in the service area of the Kalispell Fire Department The property can be considered to be at low risk of fire because the subdivision would be constructed in accordance with the Uniform Fire Code and has access which meets City standards. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Uniform Fire Code and the approved by the fire marshal. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. The City is in the process of developing a satellite fire station at the corner of Four Mile and US 93. This would place the new station approximately 1/2 #KPP-os-i4 Page 3 of 13 mile from the entrance to this site. It is projected that the new station will be operational in 2006. Floodin. : According to the Flood Insurance Rate Map panel # 1805D, there are; no areas subject to flooding or mapped within the designated100--year floodplain. BPA Utility Corridor. Note that a BPA utility power line bisects the property east/west primarily extending through phase 3 on the north end of the project. It should be noted that no easement exists at this time to specifically define uses and limitations. The original power line was constructed in the late 1940's and no record exists of a filed easement. The DNRC is in the process of procuring an easement at this time. As is typically the case, within the BPA corridor area, no structures of any kind are allowed. The easement must be kept open both for access to the facilities (towers. wires, etc.) and from a safety standpoint as these lines carry significantly high loads. Passive uses such as parking lots, landscape and open space and streets are allowed. This will serve to be a major design factor as this project proceeds. Access: All access to this subdivision will be via US Highway 93. This road is on the Federal Highway system and is owned and managed by the Montana Department of Transportation. All approaches and their design will be required to be approved by MDT. The applicants are proposing 3 major approaches onto US 93. The northerly approach will enter at the Home Depot traffic light thus providing a four-way traffic light controlled intersection utilizing the existing stoplight. This access will be a dedicated City street which is intended to serve both this project and lands further west as development phases continue ultimately intersecting with the proposed by- pass and then heading north to Reserve. This approach will be constructed with Phase 1. The center access (note the traffic circle midway on the street) is proposed to be a private road with a 3f4 intersection design. No stoplight is proposed and the intersection would not allow left turns out or straight exit across the highway to the Target entrance. This intersection does line up with the Target intersection which is right turn in - right turn out only, but the intersections would have no relationship under this design. The applicant's feel strongly about this design and state that it will function as an entrance and exit of opportunity between the two proposed traffic lights. They do not want a stop light here as the spacing of stoplights would be to close to accommodate free flowing traffic. This center access road includes a traffic circle within the parking lot area. This road will be a private street and will only provide access to the immediate commercial parking area. It does not extend westerly beyond this subdivision. It ends in a service road that loops behind the Lowe's building pad and a southerly anchor for service access only. This approach will be constructed with Phase 1. The third access is proposed along the south side of the subdivision. It is proposed to be a dedicated City street, built with Phase 2 entering onto US 93 with a full traffic light design. This intersection lines up across US 93 at a point between the north boundary of the college land and the Hutton property (a 20-acre parcel between the Target development and the college lands fronting on US 93) . Thus, this would be an ideal location for a future traffic light to serve properties on both sides of US 93. At site review there was concern that this third southerly access road be designed and made available to the DNRC office complex so that now and in the future, future traffic from the state office complex site could use the controlled Page 4 of 13 intersection. Note that uncontrolled full intersections along this stretch of highway will become more problematic in the future as traffic increases. In addition, there is concern that the sports complex to the south have access to this controlled intersection road so that any traffic that may come in or out of this site to the north could utilize the stop light intersection as well. Please note that the Spring Prairie PUD limits the number of access points from this project to two onto US 93. The applicants have requested the third access to allow the site to better function. Staff at city site review did concur with the applicants recommendation to allow the third access noting that the applicants are developing 1/2 mile of highway frontage and each access point will be the subject of a traffic study and access design submittal to MDT. The matter of the amendment to the PUD agreement will be forwarded directly to the City Council for action at the time they review the preliminary plat after the Planning Board has made their recommendation. B. Effects on Wildlife and Wildlife Habitat: The site is not mapped within any big game winter range and does not provide significant habitat to wildlife. The property has been intensely farmed in small grains for several decades. It contains no trees, shelter, forage or riparian areas. Development of this site will not impact with wildlife or wildlife habitat. C. Effects on the Natural Environment: Surface and Ground Water: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. No surface water is in close enough proximity to the site to create concerns with regard to this development. There is no floodplain in the area or on the property. Drainage There is no municipal storm water system serving this site. All storm water will have to be managed and maintained on site via an engineered collection and disposal plan. The preliminary proposal shows a detention pond in the very northeast corner of the site with plans to flow water in this direction for collection, treatment and disposal. This is the location of an historical drainage. In past decades there was a natural flow through this portion of the property and then northeasterly under US 93 via a culvert to the Stillwater River. This drainage has been significantly altered with the construction and widening of US 93. D. Effects on Local Services: Sewer: Municipal sewer has already been extended to this site. A 12" sewer main has been extended under US 93 to the southeast corner of this site. This sewer main will be extended, according to a phasing plan. With the development of Phase 1 (Lowe's project) the 12" sewer will be required to be extended to the very western edge of the subdivision per city policy. With Phase 2 development, the 12" main will be extended to the southerly end of the south main access road. Note that the State DNRC has already engineered a backbone utility plan for Section 36 that has been the subject of a State MEPA review. The extension of the 12" line will provide greater capacity than this project requires. However, per the internal development agreement DNRC has with the developer, Goldberg Properties, the developer is #KPP-03-14 Page 5 of 13 responsible for the full cost of extending the 12" sewer main into and through the proposed subdivision. Water: Municipal water has also been extended to this site. A 12" water main has been extended along the entire length of US 93. The applicants will be required in phase 1 to hook to the 12" main and extend a 14" main into and through phase 1. Again note that the State DNRC has already engineered a backbone utility plan for Section 36. The extension of the 14" line through phase 1 and additional. 12" lines to serve phases 2 and 3 will possibly provide greater capacity than this project requires. However, per the internal development agreement DNRC has with the developer, Goldberg Properties, the developer is responsible for the full cost of extending the 12" and 14" water mains into and through the proposed subdivision. These mains will allow adequate fire flows and domestic use for the project. Storm water managernerit: There is no municipal storm water system serving this site. All storm water will have to be managed and maintained on site via an engineered collection and disposal. plan. The preliminary proposal shows a detention pond in the very northeast corner of the site with plans to flow water in this direction for collection, treatment and disposal. This is the location of an historical drainage. In past decades there was a natural flow through this portion of the property and then northeasterly under US 93 via a culvert to the Stillwater River. This drainage has been significantly altered with the construction and widening of US 93 and the resulting flow to the northeast may have been lost. Note that the developer is required to develop his system to function on -site with out reliance on off -site flows. Roads: Roads and road access form a critical aspect of this project. All access will be off of US 93, a federal highway. Access permits will be issued by MDT for each of the three proposed access points. The State will require an engineering traffic analysis of each intersection and the applicant will be responsible to construct the improvements necessary to make the intersections function. The DNRC has done preliminary work with MDT on these approaches up to this point to assure feasibility. The northerly most access (across from Home Depot) which is controlled by a traffic light will be dedicated to the City and maintained as a City street. It will contain a travel surface, curb & gutter, landscaped boulevard and street trees. The R/W width is at approximately 115 feet as it enters the project tapering down to 80 feet as it extends westerly. This road will extend to the westerly end of the project in anticipation of its future extension into later phases of development. As part of Phase 1, this street will terminate at a point just past the Lowve's front building face with the remainder of this street extended to the western most end of the subdivision with development of Phase 3. The center access road is intended to be a'% intersection which means that the curb design will allow right -in and right -out as well as left -in but no left -out or straight across Highway 93 movements. This approach lines up with the Target right -in/ right -out access onto US 93. No signal is proposed and this road would be a private street. It contains a traffic circle which will help internally control the flow of traffic from major parking lots at this intersection. This private street generally terminates at the front of the Lowe's building with only a service delivery road providing access to the rear of the proposed major building pads. This private road will be required to #KPP-os-i4 Page 6 of 13 be built to City standards including curb, gutter, landscape boulevard, detached sidewalk and street trees but remain private in terms of management and ownership. This road will also be built with Phase 1 development. The third primary access road along the south boundary of the project will be controlled by a traffic light. This street will be built to City street standards as well and dedicated to the City. This street shows as a 60-foot wide R/W but appears to need to be a minimum of 80-feet to accommodate anticipated traffic along with the required curb & gutter, landscape boulevard and sidewalk and a recommended bike path. This street will be constructed to the far westerly end of the site with Phase 2. This street will need to provide access to the lands to the immediate south including a DNRC Office site access and a future City Parks access to allow traffic in this neighborhood an opportunity to flow to a controlled intersection. The remaining internal roads will function as private streets providing access to parking lots and smaller out -parcel building pads. These streets will be built to a standard that requires streets trees on both sides and detached sidewalks along at least one side. Pedestrian access: The Spring Prairie PUD Ordinance Section 1, Statement #8 states pedestrian walkways shall be provided that provides a continuous and connected system with the existing walkways along Highway 93, Four Mile and within the developed areas. Section 3.03 (B) of the PUD Agreement requires that a paved pedestrian bike path will generally follow the collector roads. Pedestrian access and movement is considered a key element of this project. The applicants will be required to construct a pedestrian bike trail (typically a minimum of 10-feet wide) along the US highway 93 frontage to parallel the Highway 93 bike trail on the east side of the highway. From the Highway 93 bike trail, sidewalks should be extended along both sides of the three main access roads extending east -west to their westerly ending points. However, in lieu of a sidewalk, a bike trail should be constructed along the south side of the southerly major east -west access road which forms the southern boundary of Phase 2 of the subdivision to comply with Section 3.03 (B) of the PUD. Sidewalks are shown on the submitted site plan, the bike trails are not specifically noted. In addition, two east -west sidewalk corridors per major tenant parking lot are shown and will be required extending through the main tenant parking lots in Phase 1 and Phase 2. This ensures that an east -west sidewalk is never more than 500 feet on average away. North -south sidewalks will be required along three north -south corridors provided in this subdivision. First sidewalks will be required along the complete length of the internal private access road that parallels US 93 and bisects the traffic circle. Second, they will be required along the fronts of the major building pads including Lowe's extending from the south boundary bike trail to the north boundary of the subdivision in a continuous fashion. Finally, they will be required to extend the entire length of the property, north - south through the center of the major tenant parking lots of Phase 1 and Phase 2 as shown on the site plan. #T PP-03-I4 Page 7 of 13 Phase 3 should have the same pedestrian access treatment Each internal street shall have detached sidewalks with landscaped boulevard. Sidewalk corridors should be extended through major parking lots in the same theme as Phase 1 and 2. Schools: This subdivision is within the boundaries of School District ##D-. Because of its commercial nature it will not generate school children. Taxes generated from the project will benefit the school district and proceeds from the leases collected by the DNRC will benefit the School Trust Fund. Parks: This subdivision is not subject to the parkland dedication requirements because it is a commercial subdivision as outlined in the Kalispell Subdivision Regulations and under State Statute. However, a central gathering area or culture - civic center was proposed to be constructed in Phase 3 in an earlier proposal to the public and to DNRC. This focal center is now lacking on the current site plat submittal. It would be extremely beneficial for this project and for the character and prominence of this site as a significant commercial center and focal point in the City of Kalispell to incorporate such a feature in Phase 3. Such a center could include a plaza, fountains, art or architectural focal point, passive open space, distinctive landscaping and room for outdoor gatherings/functions. Police Protection: This development will be served by the Kalispell Police Department. According to the Kalispell Police Department, they will be able to adequately serve this area. Fire Protection: This development will be served by the Kalispell Fire Department. The location and placement of fire hydrants needs to be addressed. Fire flows in the area are adequate to accommodate any necessary hydrants. Street and parking lot design has been reviewed by the fire marshal and tentatively approved. More specific review will occur at the time of building permit issuance for specific uses. A satellite fire station is proposed for the northwest corner of Four Mile and US 93 approximately 1/o mile south of this site. It is anticipated that the site will be operational in 2006. This will allow immediate fire protection for this site. Refuse Disposal: The subdivision will be served by the City of Kalispell for solid waste disposal. Adequate space at the County landfill is available for the solid waste which will be generated by the subdivision. Individual service will be addressed with each building or facility constructed. Medical Services: Kalispell Regional Hospital is approximately two miles from the site. Ambulance services are available to serve this subdivision and access is good. E. Effects on Agriculture and Agricultural Water users Facilities: This property has been actively farmed for several decades under a state managed lease program with proceeds going to the State School Trust. Soils are Kalispell Loams and are classified as class 2 and class 3 soils according to the Upper Flathead. Valley Soil Survey. Loss of this agricultural site will incrementally impart the agricultural land base in Flathead County. However, the site lies within the City of Kalispell, has US Highway 93 frontage, abuts urban scale development on 3 sides, has a sewer and a water trunk line extended to the site and the subject site has already gone through a MEPA analysis by the State in anticipation of commercial development of this site. While there is an impact to agriculture, the proposed ,4KPP-03-14 Page 8 of 13 subdivision is a planned and anticipated project in the path of the planned urban expansion. of Kalispell. F. Compliance with the Growth Policy The Kalispell City Growth Policy Map acknowledges the adopted Section 36 neighborhood plan. The plan designates the subdivision site as mixed commercial and provides a series of guidelines and policies for its development as a commercial - retail center. Such a designation anticipates a wide variety of retail and service oriented commercial activities and is further implemented by the adoption of PUD zoning. The goals of the mixed commercial neighborhood were to identify the appropriate location for commercial uses, to minimize the appearance of highway strip development, to identity appropriate commercial uses and to identify appropriate development standards. In that effort 13 policies were listed addressing the need for appropriate setbacks, the need to provide municipal services, limiting "strip -type" uses and gambling establishments, encouraging a village or cluster concept of development versus a linear pattern, landscaping and signage design policies, building design features and lighting all intended to avoid a strip development and instead create a village concept. These features have been factored into the project and specifically implemented by the Spring Prairie PUD. In addition, staff has added comments and conditions to address those areas it specifically feels is lacking in compliance. G. Compliance with Zoning Regulations This zoning for this property is a specially crafted PUD ordinance (Spring Prairie PUD) adopted in December 2001 by the City Council. It is attached to the staff report for your reference. It is based on the B-5 Commercial zone. While the Spring Prairie subdivision as submitted generally complies with the adopted PUD requirements, please note that the applicants have requested approximately 18 amendments to the PUD agreement. The 18 amendments run the gamut from minor to major in impact. Some are only editorial in nature; some are for clarification of terms and roles of developer, applicant, etc. because this is a multi -tiered development with the State leasing the project to a developer and the developer subleasing the sites to businesses. Approximately 5 are deemed to be substantive in nature. Only one of the 5 requests, that being a third access onto US 93, affects this subdivision submittal. The substantive issues are: • Requesting an additional access point onto US 93 for a total of three. The original PUD limited access to US 93 to only 2. • Modify the minimum signage requirements for both on -site businesses and for off -site entrance signage. • Increasing the maximum height allowance for the site from 35 to 60 feet. • Allowing buildings in excess of 60,000 square feet to be built within 150 feet of US 93 instead of the current 300 feet requirement. ® Modifying the list of permitted commercial uses to include a statement, "and other similar uses not specifically mentioned herein the PUD agreement but that are found to be similar in nature." KPP-03-14 Wage 9 of 13 The provisions of the PUD agreement require all amendments to the Spring Prairie PUD to be submitted to the Kalispell Site Review committee. Those amendments which are considered to be minor in nature may be implemented. Those amendments considered by the Site Review Committee to be major or significant are to be sent directly to the City Council for consideration and action. This course is being followed and the changes are being forwarded to City Council for consideration and action. This part of the project is not specifically within the review authority of the planning board but only mentioned here for clarification of the process. H. Compliance with the Subdivision Regulations The preliminary plat appears to be in substantial compliance with the State and City Subdivision Regulations RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt staff report #KPP-03-14 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: 1. That the development of this site will be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). 2. That the development of the site will be in substantial conformance with the approved preliminary plat documents entitled Spring Prairie Center and associated submittal drawings which shall govern the general location of the lots, easements, roadways freestanding signage, landscaping and pedestrian access facilities except as modified by the conditions listed herein. Those documents are listed below. (Kalispell Sub. Regs. Appendix C - Final Plat I(A) Contents of final plat.) • Spring Prairie Center Site plan dated 10/ 16 / 03 • Spring Prairie Center Preliminary Plat Document A-1 dated 10 / 6 / 03 • Spring Prairie Center Site Drainage Concepts DP dated 9/30/03 • Spring Prairie Proposed Infrastructure Section 36, T29N, R22W as approved by DNRC • Spring Prairie Center Phasing Schedule dated 10/ 16/03 • Spring Prairie Center Phase One Utility and Road Infrastructure dated 9/30/03 3. That the roadways (private or public) serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. (Kalispell Sub. Regs. Section 3.01 & 3.09A). 4. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Sub Regs. Sections 3.09 K(7) & M). 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). # KPP-o3- 14 Page 10 of 13 6. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). 7. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. (Kalispell Sub Regs. Sections 3.09, 3.11 -- 3.15). 8. The two major east -west roads (one on the north and the other on the south) exiting out onto proposed traffic lights will be dedicated to the City. All remaining roads will be private in terms of ownership and maintenance. (Site Review Committee). 9. The two city streets extending east -west form the proposed traffic signals should be designed to minimum Collector Road Standards. (Kalispell Subdivision regulations Sec. 3.09, Table 1). 10. The southerly east -west City street which forms the southerly boundary to the subdivision shall provide coordinated access to the lands to the south including the DNRC State Office Complex and the Kalispell Kid's Sports site. 11. The applicants engineer shall certify to the City that it has received access approach permits from MDT and that all conditions of each access permit, including required traffic studies and required improvements have been achieved and or installed to the satisfaction of MDT. (Per request of Steve Herzog, Maintenance Supervisor, MDT Kalispell Office). 12. Pedestrian access shall be provided as shown on the Spring Prairie Center "Site Plan" dated 10/ 16/03. In addition to and for clarification the following shall apply: a. A pedestrian bike trail (typically a minimum of 10 feet wide) shall be constructed along the entire US Highway 93 frontage with each phase. The bike path shall be integrally designed into the landscape plan required between the curb line of US 93 and the 20 foot required landscape buffer required by the PUD. b. All sidewalks extending westerly from the three main access roads shall integrate into and connect with the Highway 3 bike path. c. In lieu of a sidewalk, a bike trail should be constructed along the south side of the southerly major east -west access road which forms the southern boundary of phase 2 of the subdivision. d. In addition, two east -west sidewalk corridors per major tenant parking lot are shown and will be required to extend through the main tenant parking lots in Phases 1 and 2. This ensures that an east -west sidewalk is never more than 500 feet on average away. e. North -south sidewalks will be required along three north -south corridors provided in this subdivision. First, a sidewalk will be required along the complete length of the internal private access road that parallels US 93 and bisects the traffic circle. Second, a sidewalk will be required along the fronts of the major building pads including Lowe's extending from the south boundary bike trail to the north boundary of the subdivision in a continuous fashion. #KPP-03-14 page 11 of I3 Finally, a sidewalk will be required to extend the entire length of the property, north - south through the center of the major tenant parking lots of Phase I and Phase 2 as shown on the site plan.. f. Phase 3 shall have the same pedestrian access treatment as specified above for Phases 1 8s 2. Each internal street shall have detached sidewalks with landscaped boulevard. Sidewalk corridors should be extended through major parking lots in the same theme as phases I and 2. g. Unless sidewalks and trails are located inside tenant parking lots they shall be detached in nature with a landscape boulevard between the walk/trail and the curb. h. Sidewalks shall be extended from adjacent trails and sidewalks into actual parcels to provide a connected and continuous walking area. i. All sidewalks located within parking lots shall have a raised concrete surface where they cross landscape islands for separation from traffic and parking. Where sidewalks cross traffic lames, the sidewalk may be at grade but shall be constructed of colored or textured concrete, stone or other contrasting material to visually denote a pedestrian way. Simply painting the walk area is not adequate. Per Section 3.03 (B) of the PUD Agreement, Section 1 #S of the PUD ordinance and submitted site plan dated 10/ 16/03)). 13. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access, placement of fire hydrants and fire flows within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. (Uniform Fire Code). 14. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 15. Development of an overall landscape plan addressing public and private street boulevards, street trees; perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the City Parks Director for approval in writing prior to installation. The plan shall address all PUD requirements and compliance with attached plans and applications materials. In particular the landscape plan shall address: a. All landscape buffers, boulevards, tree planters, landscape islands, tree wells, etc. and common areas with live landscape materials shall be provided with adequate irrigation. b. The applicant or future leases shall be responsible to insure the live landscaping as approved on the original landscape plan and installed is maintained in a "live" condition. c. An irrigated landscape corridor of at least 20 feet in width shall parallel the R/W of US Highway 93 including undulating topography and have a mix of tree plantings with a ground cover predominately of lawn. A similar 10-foot landscape treatment shall be developed along Nest Reserve. d. In developing the landscape plan, the developer shall comply with the definition of landscaping as defined in. the Kalispell zoning ordinance as follows: "Some combinations of planted, living trees, shrubs, hedges, vines, living ground cover and flowers suitable for the climate exposure and site conditions. In addition, the combination or design may include earth sculpture, cobble, bark, mulch, edgers, flower tubs, rock and such structural features as foundations, pools; art works, screens, walls, fences or benches, but such objects alone shall not meet the requirements of this ,provision." Bark, mulch, rock, etc. inay augment live #KPP-o3-i4 Page 12 of 13 landscape features but the primary feature in all landscaping treatments shall be growing materials unless specifically modified as in special cases such as internal parking lot sidewalk corridors where trees would be in a protective grate as they line a sidewalk and form a canopy. e. Landscape islands within parking lots shall incorporate predominately living materials. One exception would be the raised sidewalk corridors extending through the parking lots as shown on the submitted October 16, 2003 Spring Prairie Center colored site plan where trees within tree grates lining sidewalks is acceptable. Note that in parking lot landscape islands, shade trees shall be placed in such intensity and location as to form a canopy where they cover or line sidewalks and where ever they are used, a visual break from the open asphalt parking areas surrounding it. The site plan shows two shade trees at the ends of islands and 4 trees within internal islands. This may or may not be adequate depending on species selected. (PUD Section 2.01 (E(2(F-G))) ). 16. All exterior lighting within the subdivision shall be shielded and directed downward so that it does not intrude unnecessarily onto adjoining properties or cause excessive glare or otherwise excessively light the site. In doing this all exterior lighting fixtures on buildings, streets and in parking lots shall be shielded with cut- offs and baffles with a minimum cut-off angle of 20 degrees below horizontal and the maximum light standard height is set at 30 feet above adjacent grade. This is not meant to discourage low intensity exterior lighting for architectural or landscape accent purposes. (Site review, PUD Section 2.02 H (3). 17. Prior to development of Phase 3, DNRC shall negotiate an easement with BPA and the applicant shall certify that Phase 3 is developed within the confines and terms of this easement. (BPA lease requirements). 18. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. (Site Review). 19. With the development of Phase 1, the infrastructure as illustrated in the Phase One Utility and Road Infrastructure Exhibit A--1 dated 9 / 30 / 03 and issued 10 / 6 / 03 shall be complied with. Specifically the northern most east -west City street shall be fully constructed from the traffic light on the east to the westerly subdivision line. In addition the 12 " sewer main and the 14" water main shall be extended to this boundary as well. (Kalispell Standards for Design and. Construction). 20. The preliminary approval shall be valid for a period of three years from the date of approval. Upon the filing of each successive phase, an additional two years from date of final plat approval of the previous phase shall be granted. Prior to the expiration of any phase, a one-year extension may be requested. (Kalispell Sub. Regs. Section 2.04 (E (7)). #KPP-D3-14 Page 13 of 131 APPLICATION FOR MAJOR SUBDIVISION PRELIMINARY PLAT APPROVAL This application shall be submitted, along with all information required by the applicable Subdivision Regulations and the Montana Subdivision and Platting Act, and the appropriate fee to: Tri-City Planning Office, 17 Second St East, Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FEE SCHEDULE Major Subdivision (6 or more lots) Commercial and Industrial Subdivision $650 +$30/Lot x 29 Lots + $200 = $1720 SUBDIVISION NAME: Sprinq Prairie Center $650 + $301 lot $$38 $660 $30 spase $200 Add $200 to vase preliminary plat tee OWNER(S) OF RECORD: Name Department of Natural Resources & Conservation, David Greer Mailing Address 2250 Highway 93 North City _Kalispell State MT Zip 59901 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.). Architect SEM Architects Inc, Gary Ellermann & Michael Hackett (Applicant on Behalf of [Developer) 677 S. Colorado Blvd., Ste 200 Name & Address: Denver, CO 80246 PH: (303) 220-8900 Fax: (303)220-0708 Developer Goldberg Properties, Inc., Grant Nelson Name & Address: 1120 Lincoln Street, Ste 903 Denver, CO 80203 PH: (303) 759-8000 Fax: (303) 863-0275 Development Manager Western Project Services, Don Lawhead Name & Address: 5881 South Sherman Way Centennial, CO 80121 PH: (303) 794-6252 Fax: (303) 794-6112 Civil Engineer Morrison-Mairerie, Inc., Keith Belden Name & Address 1228 Whitefish Stage Missoula, MT 59802 PH: (406) 442-7862 Fax: (406) 542-0009 Geo-Technical Engineer NTL Engineering, Josh Smith Name & Address 1075 Trumble Creek Rd, Unit A P.O. Box 5350 Kalispell, MT 59903-5353 PH: (406) 257-6479 Fax: (406) 257-6470 Landscape Architect Sitescape Associates, Bruce Lutz Name & Address 385 Golf Course Dr., PO Box 1417 Columbia Fails, MT 59912 PH: (406) 892-3492 Fax: (406) 892-0367 Surveyor Eby & Associates, Inc., Jane Eby Name & Address ISO Box 7144 Kalispell, MT 59904 PH: (406) 755-5329 Fax: (406) 755-9132 LEGAL DESCRIPTION OF PROPERTY City / County Kalis ell ;.Flathead Street Address Highway 93 North Assessor's Tract No(s) 5 Lot No(s) N/A 1/4 Sec East 1/2 of North East 1/4 Section 36 Township 29 North Range 22 West GENERAL DESCRIPTION OF Commercial property within the Spring Prairie Center PUD SUBDIVISION: Number of Lots or Rental Spaces 29 Total Acreage in Subdivision 54.37 t+/-) Total Acreage in Lots 51.14 +/- Minimum Size of Lots or Spaces 0.49 (+/-1 Total Acreage in Streets or Roads 3.23 (+/-)* Maximum Size of Lots or Spaces 13.4 (+/-) Total Acreage in Parks, Open Spaces and / or Common Areas N/A * Publicly dedicated goads (Private Roads / Drive Excluded) PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES Single Faf�;i€y N/A Tewr►hGUse N/A Mobile HGrpe Park Duplex NIA A -n NIA Commercial TBD industI NIA Planned Unit Development Gaademini' N/A t" "i-F N/A 944er N/A N/A See Proposed PUD Amendments N/A APPLICABLE ZONING DESIGNATION & DISTRICT Spring Prairie Center PUD ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $7.1 million IMPROVEMENTS TO BE PROVIDED: Roads: — Gravel X Paved X Curb X Gutter X Sidewalks Alleys Other Water System: _Individual Multiple User _ Neighborhood X Public Other Sewer System: _Individual Multiple User _ Neighborhood X Public Other Other Utilities: X Cable TV X Telephone X Electric X Gas Other Solid Waste: Home Pickup _ Central Storage Contract Hauler _ Owner Haul Mail Delivery: _Central X individual School District Fire Protection: X Hydrants _ Tanker Recharge Fire District Drainage System: Surface drainage to detention / storm water quality control areas, then released into existing system at Highway 93 at W. Reserve Drive. PROPOSED EROSION / SEDIMENTATION CONTROL: All work on the Spring Prairie Center commercial project shall incorporate storm water Best Management Practices (BMP's) during construction and shall comply with Montana DEQ's Storm Water Discharge permits and regulations. Storm water will be detained and treated on -site and released at the predevelopment release rates as identified in the design report prepared in accordance with DEQ Circular 8. Sedimentation and erosion during construction and at final stabilization, at the conclusion of construction, shall be in accordance with state and local regulations and with the storm water discharge permit. The Owner and their Consultants, prior to the start of construction, shall complete the following forms for the storm water discharge permit: Notice of Intent Form and the Storm Water Pollution Prevention Plan. VARIANCES: ARE ANY VARIANCES REQUESTED? No If yes, please complete the information below SECTION I REGULATION OF REGULATIONS CREATING HARDSHIP: N/A EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF REGULATIONS: N/A PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: N/A PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious I o other adjoining properties? N/A 2. Will the variance cause a substantial increase in public costs? N/A 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? N/A 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? N/A 5. 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