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Staff Report/Hutton Ranch Apartments Prelim PlatKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KPP-21-04—Hutton Ranch Apartments Minor Preliminary Plat MEETING DATE: June 21, 2021 BACKGROUND: This matter regards a request from Colton Lee Communities, LLC for minor preliminary plat approval of the Hutton Ranch Apartments Subdivision for two lots on a total of 3.27 acres. The property is located in a B-2 (General Business) zone at 216 Hutton Ranch Road to the east of Hilton Homewood Suites. It can be described as Tract 1 of COS 21115 in the North 1/2 of Sec 31, T29N, R21W, P.M., M., Flathead County, Montana. As a minor subdivision, the matter does not go to the Planning Board or to a public hearing. Instead, it goes directly to the Kalispell City Council and is scheduled for consideration by the Council at its meeting on June 21, 2021. A conditional use permit to construct a multi -family residential development was approved by the Council on August 4, 2020, with 14 conditions. The plan included four buildings and a total of 96 dwelling units (72 two -bedroom and 24 one -bedroom units), along with an associated parking lot, storm facilities and recreational amenities, which may include items such as a basketball court, a barbeque area, gazebos, and playground equipment. The intent of the subdivision relates to financing and would place two buildings on each lot. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 6032, a resolution approving a request from Colton Lee Communities, LLC, for approval of the preliminary plat for Hutton Ranch Apartments (KPP-21-04), a minor subdivision preliminary plat consisting of approximately 3.27 acres with 24 conditions of approval, located at 216 Hutton Ranch Road and which can be described as Tract I of COS 21115 in the North Half of Sec 31, T29N, R21W, P.M., M., Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6032 Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO.6032 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF HUTTON RANCH APARTMENTS, LOCATED AT 216 HUTTON RANCH ROAD IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Colton Lee Communities, LLC, the owners of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the proposed Subdivision Plat of said property is subject to the provisions of Section 28.02.07 (Preliminary Plat Process — Minor Subdivision) of the Subdivision Regulations of the City of Kalispell; and WHEREAS, Planning Board staff has reviewed the proposed Subdivision and made a report (KPP-21-04) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-609 MCA; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 21, 2021, reviewed the Kalispell Planning Department Report #KPP-21-04 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 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-21-04 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Colton Lee Communities, LLC for approval of the Preliminary Plat of Hutton Ranch Apartments, Flathead County, Montana is hereby approved subject to the following conditions: The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. All applicable conditions within the conditional use permit issued to Colton Lee Communities on August 4, 2020, shall apply. The preliminary plat approval shall be valid for a period of three years from the date of approval. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. 5. The water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the sewer main has been built and tested as designed and approved. 6. The water main extension shall be located within the public right-of-way with its specific configuration subject to review and approval by the Kalispell Public Works Department and the Montana Department of Transportation. 7. The sewer main extension maybe located within an easement on the subject property subject to review and approval by the Kalispell Public Works Department, provided that the easement be exclusive to sanitary sewer and located to the extent possible within driving aisles. 8. The developer shall submit sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 9. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. 10. If necessary, the developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 11. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The terms and conditions of a Traffic Impact Study (TIS) shall be complied with prior to the issuance of any building permits. 12. Access to Hutton Ranch Road, including both the access to the roundabout and the existing access stubbed in near the north property line, is subject to review and approval by Montana Department of Transportation. A letter of approval from MDOT shall be provided prior to issuance of a building permit. 13. The existing sidewalk along Hutton Ranch Road shall be extended to the north property line. The sidewalk should be continued through both access approaches in a manner designed to meet City of Kalispell Standards for Design and Construction. The full frontage shall also be developed to city standards, including, but not necessarily limited to, a landscape boulevard and street trees. 14. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 15. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 16. A letter from the Kalispell Fire Department approving the access, placement of any fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 17. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 18. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 20. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a Special Improvement District ("SID") for roadway improvements in adjacent areas. On the face of the final plat, there shall be a note stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." 21. A property management plan shall be formed and established to provide for the maintenance of the common features and areas, including, but not necessarily limited to, parking lots, recreational amenities, landscaping, and storm drainage. 22. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 23. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 24. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 3. 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 21 ST DAY OF JUNE, 2021. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk HUTTON RANCH APARTMENTS REQUEST FOR NHNOR SUBDIVISION PRELINHNARY PLAT STAFF REPORT #KPP-21-04 KALISPELL PLANNING DEPARTMENT JUNE 9, 2021 A report to the Kalispell City Council regarding a request from Colton Lee Communities, LLC for minor preliminary plat approval of the Hutton Ranch Apartments Subdivision for two lots on a total of 3.27 acres. As a minor subdivision, the matter does not go to the Planning Board. Instead, it goes directly to the Kalispell City Council and is scheduled for consideration by the Council at its meeting on June 21, 2021. BACKGROUND INFORMATION This application is a request from Colton Lee Communities, LLC for preliminary plat approval for a minor subdivision called Hutton Ranch Apartments containing two lots. A conditional use permit to construct a multi -family residential development was approved by the Council on August 4, 2020, with 14 conditions. The plan included four buildings and a total of 96 dwelling units (72 two -bedroom and 24 one -bedroom units), along with an associated parking lot, storm facilities and recreational amenities, which may include items such as a basketball court, a barbeque area, gazebos and playground equipment. The intent of the subdivision relates to financing and would place two buildings on each lot. Subdivisions where all lots have proper access and the current plat, as well as all previous minor plats from this tract of land, do not exceed five lots are considered minor subdivisions under Section 28.2.07 of the subdivision regulations. This proposal qualifies as a minor subdivision and goes directly to the City Council rather than through the Planning Board. A: Applicant: Colton Lee Communities, LLC 704 East 13t' St Whitefish, MT 59937 B: Location: The property is located at 216 Hutton Ranch Road to the east of Hilton Homewood Suites. It can be described as Tract 1 of COS 21115 in the North '/2 of Sec 31, T29N, R21 W, P.M., M., Flathead County, Montana. C: Existing Land Use and Zoning: The subject property is currently undeveloped on generally flat land adjacent to a major retail development. The B-2 (General Business) zoning for the property is a "district which provides for a variety of sales and service establishments to serve both the residents of the area and the travelling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would typically be found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use map." Kalls poll Zoning ExhibIt - April 1(kh, 2020 D. Size: 216 Rutton Rauch Rd VZA!%W&WW+ ` . ° The subject property is approximately 3.27 acres. " *kcaw E: Adjacent Zoning: = North: City B-2/PUD & County PA* SAG-10 East: County SAG-10 South: City B-2/PUD & County SAG-10 --. West: City B-2/PUD S-21PUD F +` F: Adjacent Land Uses: Subject ,. North: Retail center & undeveloped Property East: FVCC accessory facilities South: Retail center, FVCC & ,a undeveloped # West: Retail center P-1 R-1 P-1 4.1 K&64wW PwL,.WOWL G: General Land Use Character: The subject property sits at the edge of Hutton Ranch Plaza, one of the larger retail centers in the valley. It is next to Hilton Homewood Suites and the movie theatres as well as being across the street from Wal-Mart. At the same time, this property is adjacent to an extensive amount of undeveloped land owned by Flathead Valley Community College on the other side of Hutton Ranch Road. The undeveloped property runs to the Stillwater River with a mix of primarily single-family residential uses and some offices on the east side of the river. 2 H: Utilities/Services: Sewer: Water: Refuse: Electricity: Gas: Telephone: Schools: Fire: Police: City of Kalispell City of Kalispell Private contractor Flathead Electric Cooperative NorthWestern Energy CenturyTel School District 95, Edgerton Elementary/Glacier High School City of Kalispell City of Kalispell CI Water and Sewer Mains A REVIEW AND FINDINGS OF FACT FOR THE NHNOR PRELINHNARY PLAT The proposed plat is being created primarily for financing purposes. The development of the property was the subject of a conditional use permit granted in August 2020. This two lot subdivision would be based on that approved CUP and would place two buildings on each lot. The proposed plat along with the site layout are included below: 3 FFELIMINARY FIAT OF BUTTON RANCH APARTMENTS wryIII , -•.__.____-__ �__„ Y- iii�rrii _ -_ ' 0 !l3F�J cl-lo 4 A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire. Buildings within the subdivision would be constructed in accordance with the International Fire Code and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants will need to be placed in compliance with the requirements of the Uniform Fire Code and approved by the Fire Chief. Flooding: The subject property is located entirely outside of the 100-year floodplain per the Flood Insurance Rate Map (panel number 30029C1805J, effective date November 4, 2015). Access: The primary access will be Hutton Ranch Road along the south/east boundary of the property. It is anticipated that there will be two accesses: one near the north property line that is stubbed in and a second off of the roundabout near the southern end of the property. Specific aspects of access to the property and the adjoining roadway are discussed elsewhere in this report. B. Effects on Wildlife and Wildlife Habitat: There are no water features which would provide aquatic or riparian habitat. There also does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. It is unlikely that there would be any significant impacts due to its proximity to extensive commercial development and a major road. C. Effects on the Natural Environment: Topography, Geology and Soils: The overall site is generally flat throughout the entire property and without any topographical features that would impair development. A Geotech report is not required under the subdivision regulations for the subdivision. However, prior to issuance of a building permit, the Building Department will require a Geotech report under the building code. Surface and Groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. There is no floodplain in the area or on the property or other concerns relating to surface water. A Depth to Water Table map in the Resources and Analysis section of the growth policy indicates the water table for the site is greater than 15 feet below the surface. Therefore, the Planning Department is not recommending any conditions which may limit basements or crawl spaces within the project site. Drainage: Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by 5 Kalispell Public Works Department prior to building permit issuance. Prior to receiving a building permit the developer will also need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. The developer may be required to submit for review to the Kalispell Public Works Department an erosion/sediment control plan for review and approval. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. D. Effects on Local Services: Water: City water is available and would serve the property. The developer will be required to pay the cost for the utility extensions. A water main will need to be extended to the north property line. (Design and Construction Standards 4.1.1). The water main extension will have to be located within the public right-of-way with its specific configuration subject to review and approval by the Kalispell Public Works Department and the Montana Department of Transportation. In addition, there is currently a six-inch fire service/ fire hydrant on the southern part of the property. The line does not meet city standards, which do not allow a fire hydrant off of a fire service lateral. The six-inch lateral to the north of the hydrant needs to be abandoned with the 12-inch main to be extended to the north. Sewer: Sewer service will be provided by the City. The developer will be required to pay the cost for the utility extensions. A sewer main needs to be extended to the north property line. (Design and Construction Standards 4.1.1). The sewer main extension may be located within an easement on the subject property, substantially as shown on the preliminary plat, subject to review and approval by the Kalispell Public Works Department, and further provided that the easement be exclusive to sanitary sewer and located to the extent possible within driving aisles. Access and Roads: The primary access will be Hutton Ranch Road along the south/east boundary of the property. It is anticipated that there will be two accesses: one near the north property line that is stubbed in and a second off of the roundabout near the southern end of the property. Both accesses to Hutton Ranch Road are subject to review and approval by the Montana Department of Transportation ("MDOT"). At this time, it is 6 unclear what would be allowed for movements at the northern access, as currently the center of Hutton Ranch Road at this location is marked with a cross -hatched median which would not permit for left turns either in or out of the access. It may be right- in/right-out only. While not required, it is possible that the applicant and the adjacent property owner may agree to a connection from this property to the existing parking lot to the west to allow for both connectivity and overflow parking. It is recommended that the applicant include provisions for pedestrian access with or without the driveway connection. Any development of the property that creates 300 or more vehicle trip per day would require a traffic impact study. At full build -out of the proposed development, the project would likely generate 643 vehicle trips per day according to standard traffic models for multi -family. The traffic study would evaluate the impacts the development has on the traffic system and indicates mitigation necessary to maintain acceptable levels of service. Any recommendations from the study should be implemented. The access points, subject to the TIS, sufficiently serve the property. A sidewalk has been installed along the southern half of the property frontage. The sidewalk needs to be extended to the north property line. The sidewalk should be continued through both access approaches in a manner designed to meet City of Kalispell Standards for Design and Construction. The full frontage should also be developed to city standards, including, but not necessarily limited to, a landscape boulevard and street trees. Schools: The property is within the boundaries of School District 95 (Edgerton Elementary and Glacier High School). On average, it would be anticipated that there would be about 48 students from this development at full build -out. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. Fire hydrants will be located as required by the Fire Chief. There is generally adequate access to the property from the public road system. The buildings will be constructed to meet current building and fire and safety code standards. Station 62 is approximately 2500 feet from the subject property giving good response time. Parks and Recreation: Under the subdivision regulations, no parkland dedication is required. However, as part of the CUP, Section 27.34.060 of the Kalispell Zoning Ordinance requires 48,000 square feet of land or the equivalent value of improvements as recreational amenities for the 96 unit development based on a ratio of 500 square feet of usable land per dwelling. The development plan includes the potential for a basketball court, barbeque area, gazebos and playground equipment. Prior to issuing a building permit, the Parks and Recreation Department will need to approve the recreational amenities to be provided. 7 Solid Waste: Solid waste will be handled by a private contractor unless coordinated with the Public Works Department for service and garbage enclosure design. There is sufficient capacity within the landfill to accommodate the additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 1.25 miles from the site. E. Effects on Agriculture and agricultural water user facilities: This property is adjacent to a major commercial retail center. There has been no agricultural use on the property or in the vicinity for quite some time. Impacts on agriculture or agricultural water users, if any, would be minimal. F: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Commercial. The Commercial land use category provides areas for commercial uses such as general retail, offices, restaurants, and other uses consistent with general business zoning districts, including multi -family. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. G. Compliance with Zoning: The request complies with the B-2 zoning regulations. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. RECOMMENDATION Staff recommends that the Kalispell City Council adopt staff report #KPP-21-04 as findings of fact and that the preliminary plat for Hutton Ranch Apartments be approved subject to the conditions listed below: CONDITIONS OF APPROVAL 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. All applicable conditions within the conditional use permit issued to Colton Lee Communities on August 4, 2020, shall apply. 8 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. 5. The water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the sewer main has been built and tested as designed and approved. 6. The water main extension shall be located within the public right-of-way with its specific configuration subject to review and approval by the Kalispell Public Works Department and the Montana Department of Transportation. 7. The sewer main extension maybe located within an easement on the subject property subject to review and approval by the Kalispell Public Works Department, provided that the easement be exclusive to sanitary sewer and located to the extent possible within driving aisles. 8. The developer shall submit sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 9. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. 10. If necessary, the developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 11. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The terms and conditions of a Traffic Impact Study (TIS) shall be complied with prior to the issuance of any building permits. 12. Access to Hutton Ranch Road, including both the access to the roundabout and the existing access stubbed in near the north property line, is subject to review and approval by Montana Department of Transportation. A letter of approval from MDOT shall be provided prior to issuance of a building permit. 9 13. The existing sidewalk along Hutton Ranch Road shall be extended to the north property line. The sidewalk should be continued through both access approaches in a manner designed to meet City of Kalispell Standards for Design and Construction. The full frontage shall also be developed to city standards, including, but not necessarily limited to, a landscape boulevard and street trees. 14. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 15. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 16. A letter from the Kalispell Fire Department approving the access, placement of any fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 17. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 18. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 10 20. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a Special Improvement District ("SID") for roadway improvements in adjacent areas. On the face of the final plat, there shall be a note stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." 21. A property management plan shall be formed and established to provide for the maintenance of the common features and areas, including, but not necessarily limited to, parking lots, recreational amenities, landscaping, and storm drainage. 22. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 23. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 24. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 11 r SINCE. .1969. C�1c 4P 4�jr�uR, 5urnY1i$'�� Date: May 5th, 2021 City of Kalispell Planning Department 201 1st. Avenue East Kalispell MT, 59901 Re: Hutton Ranch Apartments Preliminary Plat Application Dear Planning Department Reviewers, The following is a minor preliminary plat application for the Hutton Ranch Apartments Subdivision. The developer is proposing to split an existing 3.27-acre tract into two separate lots. Physically, the property is located directly east of the existing MDT round -about off Hutton Ranch Road and directly west of the Hutton Ranch Plaza subdivision. The property has already undergone initial annexation and zoning and has been zoned B-2. Additionally, the tract has been granted a conditional use permit to allow for multifamily dwellings. Accordingly, the developer intends to build two (2) twenty -four - unit apartments buildings on each lot (48 units per lot), or a total of 96 units. Two approaches from Hutton Ranch Road will provide access to the subdivision. One of the access points will be a right-in/right-out turn maneuver from the existing MDT round -about. The second approach will be a standard approach located near the northeast property corner. Both approaches will meet MDT design standards, and Jackola has already gained preliminary feedback from the MDT regarding the design of each approach. Drive aisle dimensions and geometry within the internal parking area will be designed to accommodate turn movements of a standard 42-foot ladder truck. Frontage improvements will also be made along the westerly ROW line of Hutton Ranch Road. These improvements include a sidewalk and boulevard. As a condition of approval, the City has also requested that recreational amenities are provided on site. The value of these recreational amenities will be determined by the Parks and Recreation Director. Currently, the plans show reserved space for a recreational facility, and once the value of the facility has been determined, the facility will be designed as part of the final engineering plans. A proposed 12" gravity sewer main is planned to be extended through the property from the south. Four sewer services will be stubbed from the building to serve each building. The gravity main will terminate at a sewer manhole in the northerly parking area of the property, and a stub for a pressure force main will be extended to the east property line. The intent of the pressure force main extension is to serve future development to the northeast of the subdivision. A 10-foot wide easement is proposed A proposed 12" water main is planned to be extended in the north bound lane within the Hutton Ranch Road ROW. The main will be extended to the north along the frontage of the subdivision. Water services for each apartment building as well as two proposed hydrants will be stubbed from the main. The main will be capped at the end and will be in place to serve future development to the north of the subdivision. Jackola Engineering & Architecture, PC 2250 Highway 93 South Kalispell, MT. 59901 406.755,3208 Corporate Office 406.755.3218 Fax www.iackola.com Locations in Montana and Washington (Rev 07 19) The following attachments are provided as part of the minor subdivision preliminary plat application. 1. Minor Subdivision Preliminary Plat Application Form 2. Pre -Application Meeting and Conditions 3. Supplemental Information (e.g. Preliminary site layout/design) a. Reduced Preliminary Plat 5. Vicinity Map Please feel free to contact us with any questions or concerns regarding the preliminary plat application. Sincerely, Rory Young Civil, E. �J Jackola Engineering & Architecture, PC Jackola Engineering & Architecture, PC 2250 Highway 93 South Kalispell, MT. 59901 www,'ackola.com ATTACHMENT 1 MINOR PRELIMINARY PLAT APPLICATION Development Services ci rY of: Department KALISPELL Avenue East Kalispell, MT 59901 Phonehone (406) 788-7940 MINOR SUBDIVISION PRELIMINARY PLAT Email: plannincl0kalispell.com Website: www.kalisaell.com Project Name Hutton Ranch Apartments Property Address 216 Hutton Ranch Road NAME OF APPLICANT Colton Lee Communities, LLC, Attn: Gary Gorian Applicant Phone 805-657-3843 Applicant Address 704 East 13th St. City, State, Zip Whitefish, Montana 59937 Applicant Email Address gary@coltonlee.net If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the applicati— OWNER OF RECORD Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCH ITECTlENGINEER) Jackoia E + A Phone 406 755 3208 Address 2250 HWY 93 S City, State, Zip Kalispell, MT 59901 Email Address ryoung@jackola.com POINT OF CONTACT FOR REVIEW COMMENTS Rory Young/ Sant Duguay Phone 406 755 3208 Address Same as Consultant City, State, Zip Email Address ryoung@jackola.coml sduguay@jackola.com List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Tract 1 of the attached COS - TRACT 1 OF C.O.S. 21115 LOCATED IN NW 114 SECTION 31 T. 29 N. R. 21 W. FLATHEAD COUNTY, MONTANA Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. "'1 V C) F KAILISPLL GENERAL DESCRIPTION OF SUBDIVISION: Number of lots or rental spaces 2 Total Acreage In lots 3.27 Total Acreage In streets or roads Total acreage In parks, open spaces and/or common spaces Total Acreage in subdivision 3.27 Minimum size of lots or spaces Maximum size of lots or spaces PROPOSED USES) AND NUMBER OF ASSOCIATED LOTSlSPACES: Single Family C o m m e rc i s Ill n du s tr i al APPLICABLE ZONING DESIGNATION & DISTRICT: Townhouse Multi -family WWAN B-2 Zone ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS: $775,000 Mobile home/RV Park Other Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 PROPOSED EROSIONlSEDIMENT CONTROL: Sediment fence, straw wattles, CB inserts ARE ANY SUBDIVISION VARIANCES REQUESTED? No (YESINO) If yes please complete a separate subdivision variance application APPLICATION PROCESS (application must be rece'ved and accepted by the Kalispell Planning Department 30 days prior to the City Council meet ng) A pre -application meeting with the planning staff is required. 1. Completed preliminary p'at application 2. Copy of pre -application meeting form and any required submittals listed on the form 3.One reproducible set of supplemental information. (See appendix A of the Subdivision Regulations) 4. One reduced size copy of the preliminary plat not to exceed 11 "xl7" in size 5. Electronic copy of the application materials, including the preliminary plat, either copied onto a disk or emailed to planning@kal spell.com (Please note the maximum file size to email is 20MB) 6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property `Note - verify with the Flathead County Clerk S Recorder that the legal description submitted is accurate and recordable They can be reached at (406) 758.5526. 7 Environmental Assessment (see appendix B in subdivis on regulations; if applicable. 8. Application fee based on the schedule below made payable to the City of Kalispell: Minor Subdivision Subdivision (5 or fewer lots; Mob le Home Parks 8, Campgrounds 6 more more spaces 5 or fewer spaces Ame -ided Preliminary Plat amendment to conditions only re -configured proposed lots add additional lots or sublots $1.000 + $125 per lot $1.000 + $250 per space $400 + $125 per space $400 base fee base fee + $40 per lot base fee + $125 per lot I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. ��.�� 05/17/21 MINE Nil ®®m®mmii111 PaM11102 Debbie t�l Mn% gaSlwd COUMy MT dT NC 7/311A b O E This Document Prepared By: Fidelity National Title Company of Flathead Valley, LLC 1807 3rd Ave East Kalispell, MT 59901 After Recording Return To: Gary Gorian Colton Lee Communities, LLC 704c East 13th St Suite 127 Whitefish, MT 59937 Order No.: FT1585-200188-JC Recorded by ideiity National Title _ Ir�afb WARRANTY DEED For Value Received Board of Trustees of the Flathead Valley Community College, a corporation duly organized and existing under the laws of the State of Montana, grantor, does hereby Grant, Bargain, Sell and Convey unto Colton Lee Communities, LLC, a Delaware limited liability company, of 704c East 13th St Suits 127, Whitefish, MT 59937, granlee(s), the following described real estate, to wit: Tract 1 of Certificate of Survey No. 21115, that portion of the Northwest Quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. TO HAVE AND TO HOLD unto the Grantee and to the heirs and assigns forever, subject, however, to: A. All reservations and exceptions of record and in patents from the United States or the State of Montana; B. All existing easements and rights of way of record, building, use zoning, sanitary and environmental restrictions; C. Taxes and assessments for the year 2020 and subsequent years; D. All prior conveyances, leases or transfers of any interest in minerals, including oil, gas and other hydrocarbons; Except with reference to items referred to In paragraphs above, this Deed is given with the usual covenants expressed in §30-11-110, Montana Code Annotated. This conveyance is made and accepted upon the express agreement that the consideration heretofore paid constitutes an adequate and full consideration in money or moneys worth. Deed (Wawa*) Pdntad: 07.30.20 011:40 AM by Jc MTD0005.docI updated: 07 15.19 pp■' Kr-+:T."T.01585.350100•FT15S5-200186 IM1111M®mMMOI NGM11lm1 20200002 ftDK2ef216 f = e14.00 7/31/2020 0:50 AM WARRANTY DEED (continued) IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. Board of Trustees of the Flathead Valley Community College BY: Ja A. P side t State of Montana County of Flathead / This instrument was acknowledged before me on Jib , 2020 by Jane Karas, President of he a d of Trustees of the Flathead Valley C munity College. 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Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Colton Lee Communities, LLC 1014 South Westlake Blvd, Ste 14 Westlake Village, CA 91361 LEGAL DESCRIPTION: Tract 1 of Certificate of Survey 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to construct a multi -family residential development with four buildings and a total of 96 dwelling units (72 two - bedroom and 24 one -bedroom units), along with an associated parking lot, storm facilities and recreational amenities, located at 216 Hutton Ranch Road. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 14, 2020, held a public hearing on the application, took public comment and recommended that the application be approved subject to 14 conditions. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-20- 04 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct a multi -family residential development with four buildings and a total of 96 dwelling units (72 two -bedroom and 24 one -bedroom units), along with an associated parking lot, storm facilities and recreational amenities located at 216 Hutton Ranch Road in the B-2 zoning district, subject to the following conditions: 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. The conditional use permit is not valid until the B-2 zoning for the property becomes effective under statutory timelines 30 days from approval of the zoning on second reading. 3. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 4. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 5. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, as well as compliance with other site development standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 6. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit and shall include provision ofboulevard trees and landscaping along Hutton Ranch Road. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director prior to issuance of the building permit. 7. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on -site. 8. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the City of Kalispell Construction and Design Standards. 9. Water and sewer mains shall be extended to the north property line as agreed by public works. (Design and Construction Standards 4.1.1). The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department for approval prior to construction as well as coordinate with MDOT for any requirements under MDOT regulations. 10. The six-inch fire service/fire hydrant water line on the southern part of the property does not meet city standards. A fire hydrant cannot be placed off of a fire service lateral. The six-inch lateral to the north of the hydrant shall be abandoned. 11. Prior to construction, the developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval, as well as a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 12. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The terms and conditions of a Traffic Impact Study (TIS) shall be complied with prior to the issuance of any building permits. 13. Access to Hutton Ranch Road, including both the access to the roundabout and the existing access stubbed in near the north property line, is subject to review and approval by Montana Department of Transportation. A letter of approval from MDOT shall be provided prior to issuance of a building permit. 14. The existing sidewalk along Hutton Ranch Road shall be extended to the north property line. The sidewalk should be continued through both access approaches in a manner designed to meet City of Kalispell Standards for Design and Construction. Dated this 0-day of Ate, 2020. .Z� STATE OF MONTANA : ss County of Flathead Mark Johnson Mayor On this day of u , 2020 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the tAty of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. ozoz 1, J800M ow." uol88Jwwv M •r f i B��W'ePlse�ls•11e �OF�! � iN3S eugww to ems eye x4 onend AMON iSHORMONnaB 3amy Not Public, State of Montana ATTACHMENT 3 . SUPPLEMENTAL INFORMATION (PRELIMINARY PLANS) oil f- U |� § s�wadH����nH| || !||||||!||| HIM | )q. �||, ] �.;:•I|| I|| I ] III II| C R! ; § ■bm ;:_.....�. | ! gala. at. Aj4 || || | .4J,_. � �| | � §t. Ifill'§�!s | _. ; a ' �� r §� | OIDN" NOUAH | 1 10 SIN3WIHVdV HONVd NounH 0 KI cz 0 "� " ��� \ /jam � . I 1js, �� � I, i � �� 3 � I ISi 4aw}nFa+r4ililH i � C2 S � � 6 I4 I SIN 3VilblVd'dH:)NVUNQJ,J,nA j r ` � 'MflMOW�li1PfN71 � � � WM71�9F44i1i11� i � I SLN3WYIBVdV MOM"NOiLnl4 ATTACHMENT 4. REDUCED PRELIMINARY PLAT (11 X 17) ATTACHMENT 5 VICINITY MAP O 1 1,1 v\EW P�pZP S0g1DN\5\ON t' ` FOR MOUNTAIN PLAZA SUBDIVISIOLAND IS A STORMWATER N 3 S OVA 1 Moog 1 N { F COMMON AREA 2 LOT 5 I oy MOUNTAIN VIEW PLAZA SUBDIVISION HUTTON RANCH PH 1 SUBD 2 I - HUTTON RANCH PLAZA ASSOCIATES LLC 175 HUTTON RANCH ROAD STE 103 PMB 330 KALISPELL, MT 59901 O a 1 ,' V ----- t.[IJ IItVIa LVIVI)'lU ,J 13-L_ + ----- -2-SB---------------q 5 . A 12 DOSµ SEES NJSjON NO NJ3 1 SR 7G GRPNpv M159901 4K , -----------�QLP l N ' I ' I NOTE: - - - - - - - - - - - - - - - - - - - - - - - - INGRESS AND EGRESS PROVIDED TO 'a`I'T , ' I HUTTON RANCH APARTMENTS VIA � � I HUTTON RANCH ROAD or n � 0.5163E 3 LIOT 6 likN go Pap 0f \N oe\vE 41+ F1C PNpV\E l, + HUTTON RANCH PH 1 SUBD , 777 Ga ELF, MS 599a0 BUFFALO VENTURES II LLC KPUSP - 17 LOCKWOOD DRIVE RICE MILL BOG STE 400 1 m� CHARLESTON, SC 29401 JQ``Z C ` Flat ounty' Flathead County LEGAL DESCRIPTION 8 w `1L/ E GIS Department TRACT 1 OF CERTIFICATE OF SURVEY NO. 21115, 0 12D 240 480 720 980 S THAT PORTION OF THE NORTHWEST QUARTER OF The areas depicted on these maps are For Nestrat—purposes only SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, standaros tD-n-gconcrosons nomtMs all sdoneatth-sera 810 South Main Street •I �•-==- Kalispell, Montana 59901 P.M.M., FLATHEAD COUNTY, MONTANA assumed r,aa �aoo�a�do�a400�� o�o�tt ors o�a�a�o�c�� d�c���o .oM.w ma Ao�o,aa ew o a C�iC�V`JC�G�Id V`JOO 4C�g PRELIMINARY PLAT GENERAL CIVIL INFORMATION CU.UU POINT COORDINATE TABLE --- - - - - - - - - ... ....... - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - ---- - DEXISTING SITE SURVEY 1 31 w PRELIMINARY PLAT ILD EXISTING SITE SURVEY C0.10 B �1. , �� ��_, -= y ,—� _. _, a ,�,� \T �°�. 8 1 73 J L J Jw 2 I SITE PLAN _ w PRELIMINARY PLAT SITE PLAN C1.10 8 p III III r � � p �o�g ,g ✓�s/ . � �..,�. � I SITE UTILITY PLAN w PRELIMINARY PLAT SITE UTILITY PLAN C1.20 ATTACHMENT 4 . REDUCED PRELIMINARY PLAT (11 X 17) PRELIMINARY PLAT OF HUTTON RANCH APARTMENTS F V IJKA&RES 8 RES 7 - - - - - - - - - - - - - - - - - - - - - i z z - Kaispell Growth_ Policy Exhibit -April 16th, 2020 ® sp - Commercial Neighborhood Commercial Industrial Urban Mixed Use High Density Residential Urban Residential Suburban Residential City Airport -Gov. Public/Quasi Public, Openspace Floodway Neighborhood ti M Commercial Urban Residential Commercial f Subject Property t. Public or Open Space �1k Date: 4-16-2020 I - - Kalispell Planning Dept. File Path: J\2020\0416 o 500 1,000 �- MONT4NA iFeet - Kalispell Zoning Exhibit -April 16th, 2020 NORTH 216 Hutton Ranch Rd_ Subject Property ^ Zoning Commerciale Neighborhood Business Light or Heavy industrial Health Care Residential/Professional Office ,;` ► � �g Residential } # + M Two Family Residential • Multi -family Residential r - Residential Apartment/Office • �i : it Public a + 4 .a B-2/PUD. Subject Property i P-1 R-1 CZ'IV ()f Kalispell Planning Dept. 0 500 1,000 Fe Date: 4-16-2020 RePath: J\2020\0416