Staff Report/Preliminary Plat dated 12/20/04Tri-City PlanningOffice
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Cascade Partnership - Preliminary Plat Approval for the Amended
Plat of Gateway West Addn. #34.
MEETING DATE: December 20, 2004
BACKGROUND: This is a request for preliminary plat approval of an eight lot
commercial subdivision on approximately 11.31 acres located south of Two Mile Drive
and west of the Gateway West Mall. The zoning for this property is B-3, a Community
Business District. This district has a 7,000 square feet minimum lot size requirement
and the minimum lot width is 70 feet. All of the lots within the proposed subdivision
exceed the minimum lot size requirement of the district. The Kalispell City Planning
Board held a public hearing at their regular meeting of January 15, 2002.
Since this subdivision has languished for nearly three years because, in part, of the
developer's interest in partnering with the City of Kalispell in the reconstruction of
Financial Drive to City standards, the Kalispell City Council scheduled a public
hearing for December 20, 2004 prior to consideration of the preliminary plat. The
upgrade of Finance Drive is a significant off -site improvement related to the
subdivision. At the November 15, 2004 work session following the regular city council
meeting, Susan Moyer with the Community Development Department presented a
proposal to the council to assist in the reconstruction of Financial Drive to City
standards. Since this property is in the West Side Urban Renewal District and the
upgrade of the roadway would benefit the overall development of the commercial
properties in the immediate area, the staff recommended supporting this project. The
Kalispell City Council also appears to support the partnering with the developer for
the upgrade of Financial Drive.
Since this issue has essentially been addressedDthe developers would like to bring the
preliminary plat before the city council for their consideration. The property is
currently undeveloped with the exception of an existing office building known as the
Crop -Hail Building located on proposed Lot 8 which contains 2.85 acres. The
property would be subdivided to create seven additional lots that will be accessed by a
new internal roadway. Subdivision access will be from an existing roadway off of Two
Mile Drive, Financial Drive.
Currently Financial Drive functions as a private roadway which serves this property,
the Gateway West Mall and the theaters to the south of this site. As part of their
application, the developers have requested three variances from the subdivision
regulations relating to road standards as follows:
Providing Community Planning Assistance To:
- City of Kalispell - City of Columbia Falls - City of Whitefish
Preliminary Plat for Amended Plat of Gateway West Addn. #34
December 15, 2004
Page 2
Allow a 40 foot right-of-way for the north 230 feet of Financial Drive;
2. Allow Financial Drive to remain as it exists and to add an eight foot wide bike
path on the east side of the road rather than to require upgrades with curb,
gutter and sidewalk; and
3. Not require sidewalks on the internal subdivision road.
Recommendations from the planning board and staff recommended were for approval
of first variance, denial of second two variances. These recommendations would still
be as valid today as they were when initially considered. Additionally, the fact that
the City is now willing to partner with the developer for the upgrade of Financial Drive
essentially eliminates the need for the second variance regarding the upgrade of the
roadway.
Regarding the variance to the right of way for Financial Drive, the planning staff held
discussions with the public works department back in 2002 regarding a reasonable
design that could be accommodated within the 40 foot right-of-way at the north 230
feet of Financial Drive. These chosen alternative seems as valid today as it was then.
Although several options would be available, the most practical design for the long
term seems to be to provide a 40 foot right-of-way for the entire length of Financial
Drive, eliminating the additional 20 feet on the west side of the roadway within the
boundaries of the subdivision, or the southern approximately 250 feet of the road.
Within the 40 foot right-of-way, there would be a minimum 24 foot wide roadway, two
feet on each side with curb and gutter and an attached five foot wide sidewalk on both
sides (38 feet total) with street trees would be provided on the southwest side of the
road within the previously proposed right-of-way. No on -street parking would be
allowed. There are other options available such as constructing the roadway as
though a 60 foot right-of-way would eventually be extended on the northwest side of
the road or other creative designs that might include a meander of the road to
accommodate full improvements on the south half and a modified design on the north
half. However, other action is being recommended because once the roadway has
been constructed it becomes rather unlikely that those improvements would be
removed and replaced.
The board discussed the project and various options regarding the construction of the
roadway. A motion was made and passed unanimously to forward a recommendation
that the preliminary plat for this subdivision be approved subject to the recommended
conditions as amended.
RECOMMENDATION: A motion to adopt the resolution approving the preliminary
plat for this subdivision subject to conditions would be in order. Staff would
recommend that Condition 12 be deleted and that Condition 2 be amended as follows:
® That the infrastructure for the subdivision shall be designed and constructed in
compliance with the City of Kalispell's Design and Construction Standards for local
Preliminary Plat for Amended Plat of Gateway West Addn. #34
December 15, 2004
Page 3
streets which shall include a minimum 24 foot wide paved roadway, curb, gutter,
sidewalk and a landscape boulevard. Except that a variance shall be granted
allowing a 40 foot right-of-way for the full length of Financial Drive with the
improvements to be reviewed and approved by the Kalispell Public Works
Department that include a minimum 24 foot wide paved roadway, curb, gutter and
attached sidewalk on both sides of the street. Street trees are to be placed along the
western side of Financial Drive within the previously required 20 foot right-of-way.
Certification from an engineer licensed in the state of Montana shall be submitted
with the final plat stating that all of the improvements have been constructed
accordingly
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Narda A. ilson ames H. Patrick
Senior Planner City Manager
Report compiled: December 15, 2004
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter and Exhibit A (conditions of approval)
Staff report KPP-01-3 and application materials
Minutes from 1/15/02 planning board meeting
Ila • an I [1112301ex,►r
RESOLUTION CONDITIONALLY APPROVING TPRELIMINARY PLATOF
CASCADE•' MORE PARTICULARLY DESCRIBED AS LOTOF
AMENDED PLAT OF . OF 1 1 • •,
LOCATED •N 12, TOWNSHIP 28 NORTH,'
FLATHEAD COUNTY,1
WHEREAS, Cascade Partnership, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board held a public hearing on January 15, 2002, on the
proposal and reviewed Subdivision Report #KPP-01-3 issued by the Tri-City
Planning Office, and
WHEREAS, the Kalispell City Planning Board recommended approval of the Preliminary Plat of
Lot 1 of the Amended Plat of Part of the Gateway West Mall Addition No. 34,
subject to certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell postponed action on the preliminary plat at
the request of the developer until this time, and
WHEREAS, on December 6, 2004, the City Council of the City of Kalispell passed Resolution
4960, a Resolution of Intention to consider said Preliminary Plat and set a public
hearing for December 20, 2004; and
WHEREAS, notice of the resolution of intention was provided pursuant to MCA 7-2-4312 by
publishing such notice on December 8 and December 16, 2004, as provided in MCA
7-1-4127; and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December
20, 2004, took public comment, reviewed the Tri-City Planning Office Report #KPP-
01-3, 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, AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-01-3 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Cascade Partnership for approval of the Preliminary
Plat of Lot 1 of the Amended Plat of Part of the Gateway West Mall Addition
No. 34, Kalispell, Flathead County, Montana is hereby approved subject to
the following conditions:
1. That the development of the site will be in substantial conformance with the approved
preliminary plat which shall govern the general location of the lots and accesses.
- `-
_ ._
2. That the infrastructure for the subdivision shall be designed and constructed in compliance
with the City of Kalispell's Design and Construction Standards for local streets which shall
include a minimum 24 foot wide paved roadway, curb, gutter, sidewalk and a landscape
boulevard. Except that a variance shall be granted allowing a 40 foot right-of-way for the
full length of financial Drive with the improvements to be reviewed and approved by the
Kalispell Public Works Department that include a minimum 24 foot wide paved roadway,
curb, gutter and attached sidewalk on both sides of the street. Street trees are to be placed
along the western side of Financial Drive within the previously required 20 foot right-of-wa
Certification from an engineer licensed in the state of Montana shall be submitted with the
final plat stating that all of the improvements have been constructed accordingly
3. That a letter from the Kalispell Public Works Department shall be obtained which states that
the proposed plans and specifications all improvements including sewer facilities, road
paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and
approved in accordance with Kalispell's Design and Construction Standards and have been
review and approved for compliance with those standards.
4. That a letter from the Kalispell Public Works Department shall be obtained which states that
the proposed plans and specifications all improvements including sewer facilities, road
paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and
approved in accordance with Kalispell's Design and Construction Standards and have been
review and approved for compliance with those standards.
5. A letter from the Kalispell Public Works Department shall be obtained which states that a
storm water drainage plan which addresses storm water management using on -site retention
methods has been reviewed and approved.
6. That the 100-year floodplain along the Spring Creek drainage be indicated on the face of the
final plat and prohibiting the placement of structures in this area.
�. That a common mail facility be located for the subdivision and be approved by the local
postmaster.
8. The roads 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.
9. That a letter be obtained from the Kalispell Fire Department approving the number and
location of fire hydrants within the subdivision, the access and suppression system and
compliance with the Uniform Fire Code.
10. That any areas disturbed during construction be revegetated with a weed -free mix in
accordance with a plan approved by the Kalispell Parks and Recreation Department.
11. That an easement be indicated on proposed Lots 1 and 2 to accommodate the water line that
runs through the lots and that a building pad area be designated on the plat that ensures that
no structure would be placed over the easement.
il That the ener-oaehment ef the existing building within the setbaek area and right of way on
pi:eposed Lot 1 be addressed to the satisfaetion of the Kalispell ZoHiHg AdfRiflistfatEW.
12. All new utilities shall be installed underground.
13. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties.
14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
15. That the preliminary plat shall be valid for a period of three years from the date of approval.
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 20TH DAY OF DECEMBER, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Jan-31-02 02:18pm From- T-TZi P.001/001 F-062
SCA� ENGINEERING, INC.
January 30, 2002
Chris Kukulsid, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Sent Via I°= 406.758.7758
Re: Preliminary Plat Approval - Amended Plat of Gateway West Addition No. $4
Cascade Business Park - Kalispell, Montana
Dear Mr. Kukulski:
We understand that a public hearing is currently scheduled for February 4.2002 for the .
referenced project. Due to scheduling conflicts vMh our clients, we ask that you would
reschedule the public hearing until the next scheduled council meeting in March 2002,
or another council meeting, at your convenience.
Should questions arise regarding the scheduling request or the referenced project,
please do. not hesitate to call our office.
Sincerely,
SCHWARZ ENGINEERING. Inc.
John P. Schwarz, P-E.
Cc: Project File # 1060.01
�\Schwa2 EnOlneainp, lnc\Pta(sel film\Catenge Partnat�dp\ovis Kuiaktld.lanuary 30.4002doC
Tri-Cityg Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Preliminary Plat Approval - Amended Plat of Gateway West
Addn. #34.
MEETING DATE: February 4, 2002
BACKGROUND: This is a request for preliminary plat approval of an eight lot
commercial subdivision on approximately 11.31 acres located south of Two Mile Drive
and west of the Gateway West Mall. The zoning for this property is B-3, a Community
Business District. This district has a 7,000 square feet minimum lot size requirement
and the minimum lot width is 70 feet. All of the lots within the proposed subdivision
exceed the minimum lot size requirement of the district.
The property is currently undeveloped with the exception of an existing office building
known as the Crop -Hail Building located on proposed Lot 8 which contains 2.85
acres. The property would be subdivided to create seven additional lots that will be
accessed by a new internal roadway. Subdivision access will be from an existing
roadway off of Two Mile Drive, Financial Drive. Currently this functions as a private
driveway which serves this property and the Gateway West Mall. The applicants have
requested three variances from the subdivision regulations relating to road standards,
i.e. (1) to allow a 40 foot right-of-way for the north 230 feet of Financial Drive; (2) to
allow Financial Drive to remain as it exists and to add an eight foot wide bike path on
the east side of the road rather than to require upgrades with curb, gutter and
sidewalk; and (3) to not require sidewalks on the internal subdivision road. The
planning board and staff recommended approval of one variance, denial of two
+ v�riansec and approval of the preliminary plat g���e�l +v —he recom0en�ea conal+iu ns
as amended.
At the public hearing, John Schwarz engineer for tine applicant, spoke in favor of the
proposal and granting the variances stating the developers made a major investment
in rehabbing in the existing office building that had been unoccupied for several
years. He felt special consideration should be given to the roadway upgrade
requirements since this property is in the West Side Urban Renewal District and
would add revenue to the district and would promote redevelopment in the area.
In attempting to resolve the issue regarding upgrades to Financial Drive, the planning
staff held discussions with the public works department regarding a reasonable
design that could be accommodated within the 40 foot right-of-way at the north 230
feet of Financial Drive. Although several options would be available, the most
practical design for the long term seems to be to provide a 40 foot right-of-way for the
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Fails • City of Whitefish
Preliminary Plat for Amended Plat of Gateway West Addn. 934
January 25, 2002
Page 2
entire length of Financial Drive, eliminating the additional 20 feet on the west side of
the roadway within the boundaries of the subdivision, or the southern approximately
250 feet of the road. Within the 40 foot right-of-way, there would be a minimum 24
foot wide roadway, two feet on each side with curb and gutter and an attached five
foot wide sidewalk on both sides (38 feet total) with street trees would be provided on
the southwest side of the road within the previously proposed right-of-way. No on -
street parking would be allowed. There are other options available such as
constructing the roadway as though a 60 foot right-of-way would eventually be
extended on the northwest side of the road or other creative designs that might
include a meander of the road to accommodate full improvements on the south half
and a modified design on the north half. However, other action is being recommended
because once the roadway has been constructed it becomes rather unlikely that those
improvements would be removed and replaced.
The applicants were concerned that the cost of the improvements to Financial Drive
could jeopardize the viability of the project. Since these could be considered off -site
improvements much the same as the improvements to Granrud Lane in association
with the Whitefish Stage Condominium project, the staff would recommend that the
council consider a similar provision for upgrading the roadway. The provision allowed
the final plat to be filed and the improvements to be made within within 24 months of
final approval of Phase I, after which time, if the developer is unable or unwilling to
complete the upgrades, a bond shall be posted in the amount of 125 percent of the
remaining improvements which are then to be completed within 12 months. Allowing
additional time for the improvements may ease the initial financial burden associated
with developing the subdivision and the developers an opportunity to market and sell
some of the lots within the subdivision.
The Kalispell City Planning Board held a public hearing at their regular meeting of
January 15, 2002. The board discussed the project and various options regarding the
construction of the roadway. A motion was made and passed unanimously to forward
a recommendation that the preliminary plat for this subdivision be approved subject
to the recommended conditions as amended.
RECOMMENDATION: A motion to adopt the resolution approving the preliminary
plat for this subdivision subject to conditions would be in order. Staff would
recommend that Condition 11 be deleted, Condition 2 as recommended by the
planning board be amended and an additional condition be added as follows:
That the infrastructure for the subdivision shall be designed and constructed in
compliance with the City of Kalispell's Design and Construction Standards for local
streets which shall include a minimum 24 foot wide paved roadway, curb, gutter,
sidewalk and a landscape boulevard. Except that a variance shall be P-ranted
allowing a 40 foot right-of-way for the full length of Financial Drive with the
improvements to be reviewed and approved by the Kalispell Public Works
Department that include a minimum 24 foot wide paved roadway curb gutter and
sidewalk with street trees to be placed within the previously required 20 foot right-
of-way_ a
Preliminary Plat for Amended Plat of Gateway West Addn. A34
January 25, 2002
Page 3
sujbdi-�4sien read. Certification from an engineer licensed in the state of Montana
shall be submitted with the final plat stating that all of the improvements have been
constructed accordingly.
The developer shall upgrade Financial Drive within 24 months of final approval of
the subdivision plat, after which time, if the developer is unable or unwilling to
complete the upgrades, a bond shall be posted in the amount of 125 percent of the
remaining improvements which are then to be completed within 12 months.
FISCAL EFFECTS:
V.169*W-
R 1A
-�Ob ?-r-
�A --- _
Narda A. Wilson
Senior Planner
Minor positive impacts once developed.
As suggested by the city council.
Report compiled: January 25, 2002
c: Theresa White, Kalispell City Clerk
Chris A. Kukulski
City Manager
Attachments: Transmittal letter and E�hi.bit A (conditions of approval)
Staff report KPP-01-3 and application materials
Draft minutes from 1/ 15/02 planning board meeting
H:\FRDO\TRANSMIT\KALISPEL\2001\KPP-01-3MEMO.DOC
Tri-City PlanningOffice
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fag: (406) 751-1858
tricity@centuryteI.net
January 25, 2002
Chris Kukulsld, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Preliminary Plat Approval for the Amended Plat of Gateway West Addn. #34
Dear Chris:
The Kalispell City Planning Board met on January 15, 2002, and held a public hearing
to consider a request by Cascade Partnership for an eight lot commercial subdivision
located south of Two Mile Drive and west of the Gateway West Mall north and east of the
existing Crop Hail Building in the west part of Kalispell on approximately 11.312 acres
on property zoned B-3, a Community Business District.
Narda Wilson, of the Tri-City Planning Office, presented staff report KPP-01-3
evaluating the proposal. She noted that the applicants had requested three variances
from the subdivision regulations relating to road standards. No comments from the
public had been received. Staff recommended approval of one variance, denial of two
variances and approval of the preliminary plat subject to the recommended conditions
as amended.
At the public hearing, John Schwarz engineering for the applicant, spoke in favor of
the proposal and stated they had made a major investment in rehabbing in the
existing office building that was unoccupied for several years. He felt that special
consideration should be given to the roadway upgrade requirements since this
property was in the West Side Urban Renewal District and would add revenue to the
district and would promote redevelopment in the area.
After the public hearing the board discussed the subdivision proposal and the
va,ance requests. A motion was made and passed unanimously to accept the staff
recommendation and forward a recommendation to the city council that the
preliminary plat for the subdivision be approved subject to the conditions outlined on
attached Exhibit A.
Please schedule this matter for the February 4, 2002 regular city council meeting.
You may contact this board or Narda Wilson 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 -
Preliminary Plat Approval for Amended Plat of Gateway West Addn. n 34
January 25, 2002
Pace 2
Sincerely
Kalispell City Planning Board
Ron Van Natta
President
RVN/NW
Attachments: Exhibit A (conditions of approval)
Staff report KPP-01-3 and application materials
Draft'minutes l/ 15/02 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Cameron Calder, 160 Pfeifferhorn Dr., Alpine, UT 84004
Schwarz Eng., 1325 Hwy 2 West, Kalispell, MT 59901
H:\FRDO\TRANSMIT\KALISPEL\2001 \KPP-01-3.DOC
Preliminary Plat Approval for Amended Plat of Gateway West Addn. 934
January 25, 2002
Paae 3
BOARDPRELIMINARY PLAT FOR AMENDED PLAT OF GATEWAY WEST ADDN. #34
AMENDED CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL CITY PLANNING
2002
The Kalispell City Planning Board is recommending the following conditions to the
Kalispell City Council for the above referenced conditional use permit request. A public
hearing was held on this matter at the January 15, 2002 planning board meeting:
That the development of the site will be in substantial conformance with the
approved preliminary plat which shall govern the general location of the lots and
accesses.
2. That the infrastructure for the subdivision shall be designed and constructed in
compliance with the City of Kalispell's Design and Construction Standards for
local streets which shall include a minimum 24 foot wide paved roadway, curb,
gutter, sidewalk and a landscape boulevard. This would include the full length of
Financial Drive with the exception of the north 230 feet where a 40 foot right-of-
way would be allowed and the internal subdivision road. Certification from an
engineer licensed in the state of Montana shall be submitted with the final plat
stating that all of the improvements have been constructed accordingly.
3. That a letter from the Kalispell Public Works Department shall be obtained which
states that the proposed plans and specifications all improvements including
sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage
systems have been reviewed and approved in accordance with Kalispell's Design
and Construction Standards and have been review and approved for compliance
with those standards.
4. A letter from the Kalispell Public Works Department shall be obtained which
states that a storm water drainage plan which addresses storm water
management using on -site retention methods has been reviewed and approved.
5. That the 100-year fioodplain and Spring Creek drainage be indicated on the face
of the final plat and prohibiting the placement of structure in this area.
6. That a common mail facility be located for the subdivision and be approved by the
local postmaster.
7. The roads 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.
Preliminary Plat Approval for Amended Plat of Gateway West Addn. 934
January 25, 2002
Page 4
8. That a letter be obtained from the Kalispell Fire Department approving the
number and location of fire hydrants within the subdivision, the access and
suppression system and compliance with the Uniform Fire Code.
9. That any areas disturbed during construction be revegetated with a weed -free mix
in accordance with a plan approved by the Kalispell Parks and Recreation
Department.
10. That an easement be indicated on proposed Lots 1 and 2 to accommodate the
water line that runs through the lots and that a building pad area be designated
on the plat that ensures that no structure would be placed over the easement.
11. That the encroachment of the existing building within the setback area and right-
of-way on proposed Lot 1 be addressed to the satisfaction of the Kalispell Zoning
Administrator.
12. All new utilities shall be installed underground.
13. Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties.
14. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
15. That the preliminary plat shall be valid for a period of three years from the date of
approval.
H: \... \TRANSMIT\KCU 101 \ KPP-1-3.DOC
CAMERON CALDER• I Ifff"
PLANNINGOFFICE
SUBDIVISION 'f''#KPP-01-3
•!
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
a request for preliminary plat approval of an eight lots commercial subdivision. A
public hearing on this proposal has been scheduled before the planning board for
January 15, 2002 in the Kalispell City Council Chambers. The planning board will
forward a recommendation to the city council for final action.
r
A. Owner/Applicant: Cameron Calder
160 Pfeifferhom Drive
Alpine, UT 84004
(801) 492-3828
Technical Assistance: Schwarz Engineering, Inc.
1325 Hwy 2 West
Kalispell, MT 59901
(406) 755-1333
B. Location: The property proposed for subdivision is located south of Two Mile
Drive and west of the Gateway West Mall north and east of the existing Crop Hail
Building in the west part of Kalispell. The property can be described as the
Amended Plat of the Amended Plat of Part of Gateway West Addition 34 located
in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. Size: Total area: 11.312 acres
Area in Lots: 10.082 acres
Areas in Roads: 1.23 acres
Min Lot Size: 0.42 of an acre
Max Lot Size: 3.32 acres
D. Nature of the Request: The applicant recently purchase the building commonly
know as the Crop -Hail Building located on proposed Lot 8 which contains 2.85
acres. The emire site viould be subdivided into seven additional lots that will be
accessed by a new internal roadway. Subdivision access will be from an existing
roadway off of Two Mile Drive, Financial Drive. Currently this functions as a
private driveway which serves this property and the Gateway West Mall.
E. Zoning: The zoning for this property is B-3, a Community Business District.
This district has a 7,000 square feet minimum lot size requirement and the
minimum lot width is 70 feet. All of the lots within the proposed subdivision
exceed this minimum lot size and lot area.
F. Existing Land Use: The primary use on this property is the existing office
building which is currently in various stages of remodeling. This office building
will be occupied by new tenants after being unoccupied for several years. Along
with the existing building is a parking lot, landscaping and an entrance into the
site. The property is otherwise undeveloped.
G. Surrounding Zoning and Land Uses Zoning: The area is a mix of residential
to the west and north and commercial/office uses to the east.
North: Multi -family dwellings, RA-1 zoning
South: Gateway Cinema, B-3 zoning
East: Stream / Gateway West Mall, B-3 zoning
West: Multi -family dwellings, RA-1 zoning
H. Relation to Master Plan Map: This property lies within the Kalispell City -
County Planning jurisdiction and is designated on the master plan land use map
as commercial. Within the plan itself this property is identified as part of the
commercial core of Kalispell. This subdivision is in compliance with the master
plan for the area. It may also be noteworthy that this property is within the
boundaries of the West Side Urban Renewal District.
I. Utilities:
Water:
City of Kalispell
Sewer:
City of Kalispell
Electricity:
Flathead Electric Cooperative (underground)
Telephone:
CenturyTel (underground)
Solid Waste:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #5, Edgerton School
Police.
City of Kalispell
This application is reviewed as a major subdivision in accordance with State statutory
review criteria and the Kalispell Subdivision Reg»lations_
A. Effects on Health and Safety:
Fire: The risk of fire in this subdivision can be considered generally low because
this is an urban area, has good access, will have fire hydrants located within the
subdivision and the types of uses proposed for the site do not present any
significant threat of fire.
Flooding: The topography of the site is generally level. Development of the
subdivision will need to give adequate consideration for drainage using on -site
retention methods. There is a natural wetland area within the 100 year
floodplain near the southwest portion of the site at has been used in part for
stormwater retention in the past.
2
Access: Primary access to subdivision will be from Financial Drive, a privately
owned and maintained roadway that comes south off of Two Mile Drive.
Financial Drive will provide access to the internal subdivision road that will go
west and end in a cul-de-sac. As proposed there will be two lots fronting along
Financial Drive with the remaining six lots accessing off the new internal
subdivision road. Once developed both of these roads will be dedicated to the
City and taken over as a City street. Access to all of the lots and to the
subdivision will be good once the roadways have been constructed. Access to the
subdivision from Two Mile Drive is good with regard to sight distance and general
access.
Financial Drive currently exists as a substandard private roadway from Two Mile
Drive to the Gateway West Mall parking lot and other businesses. The roadway
is appro--,o nately 24-feet wide and does not meet urban standards. The Kalispell
Subdivision Regulations would require that the roadway be upgraded to City
standards which would mean providing a 600 foot right-of-way and adding curb,
gutter and sidewalks on both sides of the street.
The developer has a 40-foot right-of-way for the first approximately 230 feet of
Financial Drive with the remaining approximately 230 feet with a 60-foot right-
of-way. They developer is asking for a variance to the 60-foot right-of-way
requirement to allow a 40-foot right-of-way for the first 230 feet of the road. They
would also like to leave the road as it is without upgrades besides adding a bike
path. Additionally they do not want to install sidewalks in the new internal
subdivision road.
The staff contacted the property owner to the north of this site, Jim Thompson,
regarding the dedication of an additional 20-feet of right-of-way to create a full 60
feet. He was hesitant to "dedicate" the additional property, but said that they
may be interested in selling the property.
As such, the developer has proposed three variances to the subdivision
regulations as part of the subdivision proposal. They are as follows:
Variance l: A variance to Table 1 Section 3.09 Street and Roads - Design
Standards, the 60-foot right -off Wa�.auy� r equ'ir ement. The de vreivper is asking for a
variance to the 60-foot right-of-way requirement for the north approximately 230
feet of Financial Drive which is not part of this property to allow a 40-foot right-
of-way.
Variance 2: A variance to Section 3.08( C), Access, which requires that "Any
public or private street or road providing ingress and egress to a subdivision
shall meet the street design standards and specifications stated in Section 3.09
of these regulations." The developer is asking that the road that provides ingress
and egress to the subdivision, Financial Drive, not be required to be upgraded to
City standards, but rather allow the 24 foot wide roadway to remain as it and to
add an eight foot wide bike path on the east side of the roadway.
Variance 3: A variance to Section 3.11(A), Sidewalks, "Sidewalks are required on
both side of the street in all residential and commercial subdivisions." The
developer is proposing to eliminate sidewalks from the new internal subdivision
road.
Evaluation of the variance requests based on the evaluation criteria under
Section 7.01, Variances, be addressed later in this report.
B. Effects on Wildlife and Wildlife Habitat:
Minimal impacts to wildlife and wildlife habitat can be anticipated as a result of
this subdivision since this property and site lie within an urban area of Kalispell
C. Effects on the Natural Environment:
Surface and groundwater: This subdivision will be served by public water and
sewer thereby minimizing any potential impacts to the groundwater from on -
site sewage treatment. A portion of Spring Creek lies to the south of the site
and the wetland area there has served in part as a storm water retention are for
the properties in the area.
Drainage: The southern portion of proposed Lot 7, a 3.32 acre lot, is located
within the 100-year floodplain and a portion of Spring Creek runs along its
southern boundary. Additionally, a portion of this site has traditionally been
used for storm water detention from properties in the area. A note should be
placed on the face of the final plat that notes the 100-year floodplain boundaries.
This site is relatively level and does not pose any unusual challenges to site
drainage. Curbs and gutters will be installed within the subdivision and a
storm drain management plan will have to be developed to address the runoff
from the site. An engineered drainage plan will be submitted to the Kalispell
Public Works Department for their review and approval.
D. Effects on Local Services:
Sewer: This property will be served by the City of Kalispell sewer which has been
extended to the site to serve the existing building on proposed Lot 8. Extension
of sewer to the west to provide service to the remaining lots will have to be
designed and constructed in accordance with the design specifications of the City
of Kalispe1_l. Adequate capacity exists within the Kalispell sewage treatment
system to accommodate the additional needs created by this subdivision.
Water: City water currently serves the existing building on proposed Lot 8.
Water will be needed to be extended to serve to the other lots in the subdivision
and to provide adequate fire flows for an additional hydrants if needed. The new
water facilities will be required to be reviewed and approved by the Kalispell
Public Works Department and the Fire Department.
Schools: This subdivision is within the boundaries of School District #5,
however, no impacts to the school system can be anticipated as a result of this
development because of its commercial nature.
Parks: There are no developed City parks in the immediate area. However, there
are no City parks in close proximity. Impacts to the park system will be limited.
Parkland dedication is not required for commercial subdivisions.
Police Protection: This property is served by the Kalispell Police Department.
There would be limited impacts on the police department and adequate service
can be provided as a result of this subdivision.
Fire Protection: This property will be served by the City of Kalispell Fire
Department. Fire hydrants will need to be placed within the subdivision in
accordance with the Uniform Fire Code as part of the subdivision development.
The fire department will be able to adequately service this development
Refuse Disposal: Once these lots are developed, the City of Kalispell will provide
solid waste disposal to the site. Adequate space at the County landfill is
available for the solid waste which will be generated by the subdivision.
Medical Services: Kalispell Regional Hospital is approximately two miles from the
site. Kalispell ambulance service as well as ALERT are able to provide service to
this area. Access to the site will be good once the internal street is developed.
E. Effects on Agriculture and Agricultural Water Users Facilities:
Commercial development is anticipated in this area. Because this is in an
established and growing urban area, no impacts to agriculture or agricultural
water users facility are anticipated as a result of this subdivision. Some limited
agricultural use of this property has traditionally taken place, but not for several
years.
F. Compliance with Master Plan
The Kalispell City -County Master Plan Map designates this area as Commercial
and it is anticipated that this area will develop to service a broad sector of the
community and provide an area for a variety of retail and commercial uses. The
prnpn.ed subdivision complies w th this land use designation.
G. Compliance with Zoning Regulations
This property is currently zoned, B-3, a Community Business zoning district.
The proposed subdivision complies with this minimum lots size and width
requirements of the B-3 zoning for newly created lots, with the exception of
proposed Lot 5 which has a 41 foot lot width, but could be considered an
irregularly shaped lot for zoning purposes. This district provides for a broad
range of commercial uses including professional offices, retail and restaurants to
name just a few. This subdivision is in substantial compliance with the Kalispell
Zoning Ordinance.
H. West Side Urban Renewal District
Enclosed with the staff report is a letter from the Kalispell Community
Development Director, Susan Moyer, addressing the use of urban renewal funds
within the West Side Urban Renewal District for upgrading Financial Drive to
City standards. The applicants have suggested that use of money in the district
might be an appropriate use because the City is encouraging redevelopment in
this area and the subdivision would add to the tax base.
You will note that Moyer outlines three methods of tax increment financing
assistance, not all of which are currently available in the West Side Urban
Renewal District. There is (1) off site utility improvements undertaken by the
City that benefits the community at large, (2) a three percent commercial loan
Program for the renovation of existing structures, and (3) City loans not to exceed
10 percent of all improvement to encourage private projects.
As noted in the letter, past councils have prioritized projects for funding which
includes the retirement of debt for the acquisition for the Stream site, the
Meridian Road project, upgrade of Two Mile Drive and Appleway. Unfortunately
the district is not generating enough money at this time to implement a loan
program and at the present time the district is struggling to meet the required
cash reserve for the bond that was issued for the Stream project. It will be at
least two years until the reserve capacity will be met and the City can create a
loan program for the district.
H. Compliance with the Subdivision Regulations: The proposed subdivision does
not comply with the Kalispell Subdivision Regulations and the applicants are
requesting three variances to the subdivision regulations as follows:
-Variance 1: A variance to Table 1, Section 3.09 Street and Roads - Design
Standards, the 60 foot right-of-way requirement. The developer is asking for a
variance to the 60 foot right-of-way requirement for the north approximately 230
feet of Financial Drive which is not part of this property to allow a 40 foot right-
of-way.
YTailaiicV 6d. A vQllalla..e to Section 3.08; Ci, Lil.IJe SS, W11 M requlreJ Mat Any
public or private street or road providing ingress and egress to a subdivision
shall meet the street design standards and specifications stated in Section 3.09
of these regulations." The developer is asking that the road that provides ingress
and egress to the subdivision, Financial Drive, not be required to be upgraded to
City standards, but rather allow the 24 foot wide roadway to remain as it and to
add an eight foot wide bike path on the east side of the roadway.
Variance 3: A variance to Section 3.11(A), Sidewalks, "Sidewalks are required on
both side of the street in all residential and commercial subdivisions." The
developer is proposing to eliminate sidewalks from the new internal subdivision
road.
F
The Kalispell Subdivision Regulations provide for the granting of variances
subject to the adoption of findings outlined under Section 7.01(A) and findings
made that the following criteria are met, each of which is discussed below.
A. The granting of the variance will not be detrimental to public health, safety
or general welfare or injurious to other adjoining properties.
Variance 1: A variance to Table 1, Section 3.09 Street and Roads - Design
Standards - ROW Variance -
If the street improvements could be placed within the 40 foot right-of-
way there would be no detriment to the public health and safety.
However, it could result in a situation where the public health and safety
of the public is compromised because it may prohibit the developer from
constructing the necessary improvements to City standards.
Variance 2: A variance to Section 3.08(C), Access - Improvements to Financial
Drive -
The lack of improvements to Financial Drive could result in a detriment
to the public health and safety because there would be a lack of urban
infrastructure anticipated for new development. The City standards are
intended to protect the public health and safety by insuring that certain
improvements to new city streets are met.
Variance 3: A variance to Section 3.11(A), Sidewalks - No Sidewalks -
The granting of this variance may be detrimental to the public safety and
general welfare since pedestrians and those in wheelchairs would not
have safe access to the lots within the subdivision.
B. The conditions on which the variance is based are unique to the property
on which the variance is sought and are not applicable generally to other
property.
Variance 1: A variance to Table 1, Section 3.09 Street and Roads - Design
Standards ROW Variance -
The developer does not have control of the northern 230 feet of the
roadway because the property adjoining this to the west is owned, by
another individual. The full 60 foot right-of-way will be provided for the
remaining section of the roadway. This situation is not common to most
subdivisions.
Variance 2: A variance to Section 3.08( C), Access - Improvements to Financial
Drive -
Typically there would be a 60 foot right-of-way in which to develop he
needed infrastructure. The first 230 feet is a 40 foot right-of-way that may
create problems with the design of a full street in this area. Otherwise,
there are not specific circumstances that are unique to this property that
would not be generally applicable
Variance 3: A variance to Section 3.11(A), Sidewalks, No Sidewalks -
There are no unique circumstances associated with this subdivision that
would be peculiar to this site and not generally applicable.
C. Because of the particular physical surroundings, shape or topographical
conditions of the specific property, a particular hardship would result as
distinguished by a mere inconvenience if the strict letter of the regulations
were enforced.
Variance 1: A variance to Table 1, Section 3.09 Street and Roads - Design
Standards ROW Variance -
It is uncertain was to whether the lack of additional 20 feet in the north
230 feet of the roadway would create problems in designing a road that
meets urban standards. The road would be off -set and centered within
the 40 foot right-of-way. That would be a 24 foot wide road, two feet of
curb and gutter on both sides (28 feet), five foot landscape boulevard
and five foot sidewalks on both sides (48 feet), at least for the first 230
feet.
Variance 2: A variance to Section 3.08( C), Access - Improvements to Financial
Drive -
The lack of improvements to Financial Drive appears to relate to
economic reasons rather than a lack of the ability to design an urban
standard roadway, at least for the last 230 feet.
Variance 3: A variance to Section 3.11(A), Sidewalks, No Sidewalks -
The granting of this is not based on any unique circumstances and is
not abased on any physical or topographic constraints associated with
the property.
D. The variance will not cause a substantial increase in public costs.
Variance 1: A variance to Table 1, Section 3.09 Street and Roads - Design
Standards ROW Variance -
If the City were asked to acquire additional right-of-way, there would be
an increase in public costs. Otherwise there would not be.
Variance 2: A variance to Section 3.08( C), Access - Improvements to Financial
Drive
The developer has suggested that possibly the City would assist in
developing the roadway with urban renewal funds because the property
is in the West Side Urban Renewal District. There are no funds in that
district available as a loan or for off -site improvements at this time.
Were there public funds available, the developer would want assistance
and this would be at a substantial cost to the public.
Variance 3: A variance to Section 3.11(A), Sidewalks, No Sidewalks
There would be no increase financially to the public as a result of this
variance
E. The variance will not, in any manner, vary the provisions of any adopted
zoning regulations or master plan.
Variance l: A variance to Table 1, Section 3.09 Street and Roads - Design
Standards ROW Variance
The right-of-way variance would not vary any of the provisions of the
master plan or zoning regulations since the adjoining property is not
owned by the applicant.
Variance 2: A variance to Section 3.08( C), Access - Improvements to Financial
Drive
Section 27.22.040, Site Plan Review, provides a review mechanism for
new development that anticipates new development will comply with City
standards unless there is a valid reason to vary those standards. The
upgrade of Financial Drive appears to be based on economics rather
than unique characteristic of the site.
Variance 3: A variance to Section 3.11(A), Sidewalks, No Sidewalks
The Kalispell Zoning Ordinance anticipates new development to comply
with City standards and the provision of pedestrian access and
sidewalks is a basic City standard for new development
aTC.TT.r6�,.VldlltlA�l\LA11V1� vN '"A Td"�s,c� a^v A NJ �V"J.0 V boav^N
REGULATIONS:
Variance 1: A variance to Table 1, Section 3.09 Street and Roads - Design
Standards - ROW Variance
This is the minimum variance needed since the developer does not have control
of the property to the north. It could result in a situation where the public
health and safety of the public is compromised because it may prohibit the
developer from constructing the necessary improvements to City standards
within this segment of roadway.
Staff r--commends: The request to a -ow the reduction in right-of-way from
60 feet to 40 feet be granted for property not owned by the applicant in the
northern section of Financial Drive of approximately 230 feet.
n
Variance 2: A variance to Section 3.08( C), Access - Improvements to Financial
Drive
It becomes questionable whether a City street can be designed within the 40
foot right-of-way section of Financial Drive. However, the variance to the
improvements appears to be an economic hardship rather than a hardship
associated with design challenges.
® Staff recommends: The request to not require improvements to Financial
Drive be denied because the circumstances appear to be economic in nature
rather than being related to engineering or topographical challenges.
Variance 3: A variance to Section 3.11(A), Sidewalks, No Sidewalks
Staff recommends: The request to eliminate the requirement for sidewalks
be denied since there are not unique circumstances under which the
variance is sought, but rather a matter of convenience and for economic
reasons.
Summary and Conclusion on Variances: The applicants have stated that they
would like special consideration for this project since it is within an urban renewal
district. The project will generate additional income into the district and will further
the long range redevelopment goals of the City for this part of Kalispell. Urban
renewal funds are not available to assist the developer at this time with a low interest
loan for a portion of the improvements, and it would not be eligible for matching EDA
grant funds since the developer is not in a position to ensure job creation and
monitoring for a long term period. The right-of-way variance appears to be a valid
request since it would not be fair to require the acquisition of private property as a
condition of subdivision approval.
•
That the Kalispell City Planning board adopt the staff report #KPP-01-3 as findings of
fact and recommend to the Kalispell City Council that the preliminary plat be approved
subject to the following conditions:
That the development of the site will be in substantial conformance with the
approved preliminary plat which shall govern the general location of the lots and
accesses.
2. That the infrastructure for the subdivision shall be designed and constructed in
compliance with the City of Kalispell's Design and Construction Standards for
local streets which shall include a minimum 24 foot wide paved roadway, curb,
gutter, sidewalk and a landscape boulevard. This would include the full length of
Financial Drive and the internal subdivision road. Certification from an engineer
licensed in the state of Montana shall be submitted with the final plat stating
that all of the improvements have been constructed accordingly.
1 n
3. That a letter from the Kalispell Public Works Department shall be obtained which
states that the proposed plans and specifications all improvements including
sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage
systems have been reviewed and approved in accordance with Kalispell's Design
and Construction Standards and have been review and approved for compliance
with those standards.
4. A letter from the Kalispell Public Works Department shall be obtained which
states that a storm water drainage plan which addresses storm water
management using on -site retention methods has been reviewed and approved.
S. That the 100-year floodplain and Spring Creek drainage be indicated on the face
of the final plat and prohibiting the placement of structure in this area.
6. That a common mail facility be located for the subdivision and be approved by
the local postmaster.
7. The roads 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.
8. That a letter be obtained from the Kalispell Fire Department approving the
number and location of fire hydrants within the subdivision, the access and
suppression system and compliance with the Uniform Fire Code.
9. That any areas disturbed during construction be revegetated with a weed -free
mix in accordance with a plan approved by the Kalispell Parks and Recreation
Department.
10. That an easement be indicated on proposed Lots 1 and 2 to accommodate the
water line that runs through the lots and that a building pad area be designated
on the plat that ensures that no structure would be placed over the easement.
11. That the encroachment of the existing building within the setback area and
right-of-way on proposed Lot 1 be addressed to the satisfaction of the Kalispell
Zoning Administrator.
12. All new utilities shall be installed underground.
13. Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties.
14. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
15. That the preliminary plat shall be valid for a period of three years from the date of
approval.
REPORTS\01 \KPPO 1-3.DOC
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eComments:
Atkinson asked if the site plan indicated that a sidewalk would be placed along Hwy
93 and Meredith responded that the MDOT did not encourage a sidewalk along the
strip of land because they wanted to direct pedestrian traffic to the other side of the
road.
Atkinson moved to add Condition 5 to read "That a sidewalk be constructed
along Highway 93 the length of the property." Spooner seconded the motion.
There was some discussion among the board regarding the pedestrian access in the
area and the proposed reconstruction of Hwy 93 in this area.
On a roll can vote the motion to add Condition 5 passed with five in favor and
one opposed with Anderson, Atkinson, Brechel, Van Natta and Spooner voting in
favor and Rice voting in opposition.
Preliminary Plat Approval for Amended Plat of Gateway Vilest Addition #34
Narda Wilson of the Tri-City Planning Office gave a presentation of staff report KPP-01-
3 saying this was a request for preliminary plat approval by Cameron Calder for an
eight -lot commercial subdivision on property located south of Two Mile Drive and west of
the Gateway West Mall on property that contains approximately 11.31 acres and is
zoned B-3, a Community Business District. Wilson said the applicants were asking for
three variances to the subdivision regulations. The first was a variance from the 60-
foot right-of-way to allow a 40-foot right-of-way for the first 230 feet of the road, which
was not part of the property. Wilson said they were also asking for a variance from the
requirement of upgrading Financial Drive to City standards, leaving the 24-foot wide
road as it is and adding an 8-foot bike path on the east side; and the third was a
variance fr6m constructing sidewalks in the new internal subdivision.
Wilson said staff was recommending approval of the variance for 40-foot right-of-way
for property not owned by the applicant in the north 230 feet of Financial Drive, but
was recommending denial of the other two variances because they were not related to
special circumstances. associated with the property but rather as a matter of
convenience or economics.
Wilson said staff was recommending approval of the preliminary plat subject to the 15
conditions as listed.
Public Comment - Proponents
John Schwarz, Schwarz Engineering, spoke in favor of the project and thanked staff
for their cooperation in helping with the project. Schwarz said he did not agree with
staff in denying two of the variances. He noted that the property is in the West Side
Urban Renewal District and this subdivision would increase the revenue to the
district. Also is provides redevelopment in an area that has been targeted by the City.
He also noted that the curve on Two Mile Drive at its intersection with Financial Drive
might warrant the relocation of Financial Drive in the fixture. He said the applicant
wanted an alternative road design for the internal subdivision road that did not
Kalispell City Planning Board Minutes
January 15, 2002
Page 6
include sidewalks, but if sidewalks were required they would use a standard road
section.
Public Comment - Opponents
There was no one to speak in opposition to the proposal.
Rice moved that the Kalispell City Planning Board adopt staff report KPP-01-3 as
findings of fact and recommend to the Kalispell City Council that the
preliminary plat be approved subject to the 15 conditions as listed. Atkinson
seconded the motion.
Rice said he agreed with the first variance to allow a reduction in right-of-way, but
regarding the second variance he said the driveway was being used as a city street
now, and wondered if the Board should ask the Council to look at turning it into a city
street.
Wilson noted that it would be the intention of the developer to turn those roads over to
the City as public streets once the subdivision improvements have been completed.
Atkinson asked if city staff had discussed the realignment of Financial Drive with Two
Mile Drive.
Wilson said no but in the future when Two Mile Drive was reconstructed the curve in
the road would likely be straightened and that an alternative access had not been
discussed with the public works department.
Van Natta said they could eliminate the landscape boulevard between the curb and
the sidewalk on one side of Financial Drive in Condition 2 to o accommodate additional
improvements.
Atkinson said he felt they should eliminate the sidewalk on the west side of the
northern portion because when that piece of property is developed it would be very
clean for the city to require dedicating 20-feet and install a sidewalk.
Wilson said it would require a building permit to have the developer install sidewalks
and it would go through site review committee, who could ask for the sidewalk, but
didn't know if they could ask for public dedication of right-of-way. Wilson cautioned
the board from over engineering this issue, because the road might be put in the
middle of the right-of-way and the improvements would be extended from there.
Wilson said Atkinson's idea of having a sidewalk only on the west side would not be as
clean as it could be because the roadway might be centered in a 40-foot right-of-way
instead of 60-foot right-of-way.
Schwarz said the existing 24-foot road sits on the west side of the 40-foot right-of-way.
Schwarz said he liked Atkinson's idea, but asked why it would be better for the City to
have a five-foot sidewalk rather than an eight -foot bike path that was initially
proposed.
Kalispell City Planning Board Minutes
January 15. 2002
Page 7
Van Natta said he still wanted to see some sidewalks even if only on one side.
Wilson suggested amending the first and second sentences of Condition 2 to include
language that read "with the exception of the north 230 feet where a 40-foot right-of-
way would be allowed."
After discussion the board decided leave the first sentence as it was.
Atkinson moved to amend Condition 2 "The infrastructure for the subdivision
shall be designed and constructed in compliance with the City Of Kalispell's
Design and Construction Standards for local streets which shall include a
minimum 24-foot wide paved roadway, curb, gutter, sidewalk and a landscape
boulevard. This would include the full length of Financial Drive with the
exception of the north 230 feet where a 40-foot right-of-way would be allowed."
Brechel seconded the motion.
The motion passed unanimously upon vote.
The main motion passed unanimously upon vote.
Northwest Investments Partnership Conditional Use Permit for Casino
Narda Wilson of the Tri-City Planning Office gave a presentation of staff report KCU-
01-10 saying this was a request for a conditional use permit by Northwest Investments
Partnership, LLP to allow the operation of a casino in a B-2, General Business, zoning
district located at the northwest corner of North Meridian Road and Hwy 2 West north
of the existing convenience store / gas station, Michaels. Wilson said staff was
recommending approval of the conditional use permit subject to the four conditions as
listed and adding Condition 5 that would require an updated site plan be provided to
the Kalispell Building Department prior to construction.
Public Comment - Proponents
Matt Waatti, with Northwest Investments, spoke in favor saying they had submitted an
application a year ago, but at that time there had been a church that was too close,
but the church had now moved so they were applying again. He said they did not
have a license for locating the casino, but were making the space available for a
potential tenant.
Public Comment - Opponents
There was no one to speak in opposition to the proposal.
Brechel moved to adopt the staff report KCU-01-10 as findings of fact and
recommend to the Kalispell City Council that the conditional use permit be
granted subject to the conditions as listed. Atkinson seconded the motion.
The motion passed unanimously upon vote.
Kalispell City Planning Board Minutes
January 15. 2002
Page 8
CERTIFICATE OF MAILING
I, Theresa White, on behalf of the City of Kalispell, do hereby certify that a copy of the
attached Notice of Public Hearing was mailed first class, postage prepaid, on the 7th day
of December, 2004 to the property owners listed.
Th esa White
City Clerk
100 FINANCIAL DRIVE LLC KALISPELL THEATRES LLC HOWELL, RONDA LYNNE
100 FINANCIAL DRIVE, #300 3000 EXECUTIVE PKY, STE 150 51 HAWTHORN AVE
KALISPELL, MT 59901 SAN RAMONE, CA 94583 KALISPELL, MT 59901
SZALAY, DEBRA & NIKI
15 GLACIER ST
KALISPELL, MT 59901
CAUDILL, CLARENCE
2 YELLOWSTONE ST
KALISPELL, MT 59901
HALVORSON, KERRIE
11 GLACIER ST
KALISPELL, MT 59901
NATIONAL FLOOD SERVICES
PO BOX 2057
KALISPELL, MT 59903
WEBER, RODNEY & CARLA
43 HAWTHORN AVE
KALISPELL, MT 59901
DUBBS, RICHARD & BARBARA
PO BOX 7043
KALISPELL, MT 59904
CAVALAR, JOHN
CAVALAR, RICHARD
PO BOX 7631
KALISPELL, MT 59904
CHRISTENSEN, RANDY &
MICHELLE
6 YELLOWSTONE ST
KALISPELL, MT 59901
GATEWAY VILLAGE
PO BOX 1040
KALISPELL, MT 59903
HARTMAN, WALLACE & MARY
LOUISE
10 YELLOWSTONE
KALISPELL, MT 59901
CAMPBELL, RODNEY
305 N HILL RD
KALISPELL, MT 59901
RYAN, MICHAEL & CHRISTA
7 GLACIER ST
KALISPELL, MT 59901
MC INTOSH, JAMES & FLORENCE
187 - 2 MILE DR
KALISPELL, MT 59901
BURGLAND,KYLE
RIDGWAY, KEITH
PO BOX 10596
KALISPELL, MT 59904
ACG-KALISPELL INVESTORS
AD%EXC PROP SERVICE
100 EMERALD DR
BILLINGS, MT 59105
LAMMERS, TAMARA HILAND, JACKTREFNEYTHOMAS & KIMBERLY CAMPBELL, HARRY & MAE
,
47 HAWTHORNE AVE PO BOX 1584
KALISPELL, MT 59901 19 GLACIER ST KALISPELL, MT 59903
KALISPELL, MT 59901
MOELLER, LESLIE
1301 US HWY 2 W
KALISPELL, MT 59901
KALISPELL INVESTMENT GR
PO BOX 306
LEWISTON, ID 83501
KALISPELL INVESTMENT GROUP
II
PO BOX 306
LEWISTON, ID 83501
STRICKLAND, FRANK
272 STILLWATER RD
KALISPELL, MT 59901
DENMAN, CRAIG & CONNIE
PO BOX 2625
KALISPELL, MT 59903
SKYBA, JANICE
6 GLACIER ST
KALISPELL, MT 59901
FIELD, LARRY & CARMEN
55 HAWTHORNE ST
KALISPELL, MT 59901
WESTWIND VILLAGE
PO BOX 306
LEWISTON, ID 83501
CASCADE INVESTMENTS LLC
100 FINANCIAL DR, #100
KALISPELL, MT 59901
PETERSEN, DENNIS & SONIA OESTREICH, CORY & BRIDGET ASHLEY SQUARE PARTNERSHIP
40 HAWTHORNE 39 HAWTHORN AVE 1325 HWY 2 W
KALISPELL, MT 59901 KALISPELL, MT 59901 KALISPELL, MT 59901
KAUFFMAN, KENNETH & FRIEDA
195 - 2 MILE DR
KALISPELL, MT 59901
CITY OF KALISPELL
PO BOX 1997
KALISPELL, MT 59903
SCHWARZ ENGINEERING
100 FINANCIAL DR, STE 120
KALISPELL, MT 59901
BORGEN,CAROLEJ
3 GLACIER ST
KALISPELL, MT 59901
FLATHEAD COUNTY
800 S MAIN ST
KALISPELL, MT 59901
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council will hold a Public Hearing on the
20th of December, 2004 at 7:00 pm in the City Hall Council Chambers to consider the
preliminary plat for Lot I of the Amended Plat of Part of the Gateway West Mall Addition No.
34.
NOTICE is further given that the City Council on the 6th day of December, 2004, passed
Resolution No. 4960 declaring an intention to consider said preliminary plat. Said Resolution
No. 4960 declares that it is in the best interest of the City of Kalispell and the inhabitants thereof
that said property be considered for preliminary plat approval.
NOTICE is further given that the City Clerk will receive expressions in writing of
approval or disapproval of the proposed preliminary plat from the property owners residing in the
immediate area of the proposed preliminary plat. The City Clerk's address is PO Box 1997,
Kalispell, MT 59903.
The City Council, at the time of the Public Hearing on the 20th day of December, 2004,
shall consider all written communication and public comment received by the City Clerk
pursuant to this Notice. Following the Public Hearing, the Council may duly and regularly pass
and adopt a Resolution approving the preliminary plat, as described above. The time when the
said Resolution shall go into effect shall be fixed by said Resolution.
Theresa White
City Clerk
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VICINITY MAP
CAMERON CALDER
REQUEST FOR PRELIMINARY PLAT APPROVAL FOR A
8 LOT COMMERCIAL SUBDIVISION ON 11.3 ACRES
B-3, COMMUNITY BUSINESS
CITY OF KALISPELL ZONING JURISDICTION
PLAT DATE11/19/01
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ENGINEER:
RNERSHIP SCHWARZ ENGINEERING INC.
'FERHORN DRIVE 1325 HIGHWAY 2 WEST, SUITE A
34004 KALISPELL, MT 59901
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SUBDIVISION DATA:
a
� $
)TAL AREA IN SUBDIVSION = 11.312 ACRES
.TOTAL AREA IN LOTS:
LL 8
)TAL AREA IN SUBDIVSION = 10.082 ACRES
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TOTAL AREA IN ROADS:
OTAL AREA IN SUBDIVSION = 1.23 ACRES
WATER:
KALISPELL CITY WATER SUPPLY
SEWER:
KALISPELL CITY SEWER SYSTEM
ROAD:
BUILT PER ROAD SECTION
SITE PLAN
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