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Staff Report/CUP Height Limiti FS Z;us) l'l 0 Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplann�ing-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Conditional Use Permit - Goldberg Properties, Inc./DNRC Increase in Height Limit for Lowe's Building June 7, 2004 BACKGROUND: This is a request by Goldberg Properties, Inc. for a conditional use permit to increase the height limit in a B-5/PUD district from 45 feet to 54 feet. The property is located within the commercial element of the Spring Prairie Planned Unit Development in the northeast quarter of "Section 36". The staff recommended approval of the height increase subject to one condition, to comply with the terms of the PUD agreement. The Kalispell City Planning Board met on May 11, 2004 and held a public hearing to consider the request. At the public hearing the board considered a letter of opposition from the property owners to the east who own Mountain View Plaza and from Mike Fraser, local resident and engineer. They opposed the height increase because Home Depot could not exceed the 45 foot height limit and they felt allowing an increase to the Lowe's building was inequitable. After the public hearing, the board discussed the proposal and discussed whether this was an effort to obtain a larger sign and if the increase in height was for the building or for the sign. A motion failed on a vote of one in favor and five opposed to recommend to the Kalispell City Council that the conditional use permit be granted. RECOMMENDATION: A motion to deny the conditional use permit would be in order. However, should the city council determine that approval of this request would be in order, a conditional use permit for the request has also been attached for your consideration. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Conditional Use Permit for Goldberg Properties May 25, 2004 Page 2 Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: May 25, 2004 c: Theresa White, Kalispell City Clerk C Q2�� A X"- Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report #KCU-04-6 and application materials Draft minutes from 5/ 11 /04 planning board meeting TRANSMIT\KALISPEL\2004 \KPP04-6MEM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 DENIAL OF CONDITIONAL USE APPLICANT: DNRC/Goldberg Properties, Inc. 1120 Lincoln Street Suite 903 Denver, CO 80203 LEGAL DESCRIPTION: Approximately 60 acres in the east half of the northeast quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Industrial/Commercial, B-5, with a PUD overlay The applicant has applied to the City of Kalispell for a conditional use permit to increase the height limit from 45 feet to 54 feet for the Lowe's building in the Spring Prairie PUD. The applicants would like to break up the 637 foot long building front by building a facade and installing their sign above this. The B-5 zone allows for an increase to 60 feet with a conditional use permit; however, the underlying PUD is restricted to 45 feet. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 11, 2004, held a public hearing on the application, took public comment and recommended that the application be denied. After reviewing the application, the record, including the record of the Kalispell City Planning Board public hearing and discussion, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby denies the Conditional Use Permit based upon the following findings: 1. The City required the most recent and proximate commercial development, Mountain View Plaza, to meet strict height restrictions. For this reason, fairness and equity dictate that the same conditions apply to this commercial development. 2. The primary purpose of the building height restriction in the DNRC PUD is to protect the view shed of this entry corridor to the City of Kalispell. Approval of this Conditional Use Permit would compromise the protection of the view shed. Dated this 7th day of June, 2004. Pamela B. Kennedy Mayor STATE OF MONTANA ss County of Flathead On this day of , 2004 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she 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. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: DNRC/Goldberg Properties, Inc. 1120 Lincoln Street Suite 903 Denver, CO 80203 LEGAL DESCRIPTION: Approximately 60 acres in the east half of the northeast quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Industrial/Commercial, B-5, with a PUD overlay The applicant has applied to the City of Kalispell for a conditional use permit to increase the height limit from 45 feet to 54 feet for the Lowe's building in the Spring Prairie PUD. The applicants would like to break up the 637 foot long building front by building a facade and installing their sign above this. The B-5 zone allows for an increase to 60 feet with a conditional use permit; however, the underlying PUD is restricted to 45 feet. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 11, 2004, held a public hearing on the application, took public comment and recommended that the application be denied. After reviewing the application, the record, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office, Conditional Use Report #KCU-04-6 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to increase the height limit from 45 feet to 54 feet on the Lowe's building in the Spring Prairie PUD subject to the following conditions: The proposal will be developed in conformance with the Spring Prairie Planned Unit Development for the site. 2. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this 7th day of June, 2004. Pamela B. Kennedy Mayor STATE OF MONTANA : ss County of Flathead On this day of , 2004 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she 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. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires 195 W. 12th Ave. Denver, Colorado 80204 (303) 759-8000 (303) 863-0275 Fax To: The Kalispell City Council From: Goldberg Properties, Inc. CC: Lowe's Date: 6/2/2004 Re: Lowe's of Kalispell It is our understanding the Planning Commission of the City of Kalispell has denied our variance request for a slightly taller fagade for our client — Lowe's. It is our understanding the signage as a whole meets the City of Kalispell zoning requirements as outlined. The Lowe's sign is and has always been below the 45 foot limitation and that the portion of the building that does exceed the 45 feet is an architectural element only. The length of the building is over 600 feet long and this element adds a gable of approximately 18 x 8 feet only — to break up the front of the building. The previous PUD allowed building heights to be up to 60 feet — we understand the 45 height limitation but the newly adopted PUD also requires us to provide as much interest in design as possible to steer away from the "big box" appearance of so many super stores. Because of the length of the building, we feel strongly the peak is truly an attempt to add interest and character to a significantly larger building set 300 feet back from the highway. In our dealings with the City and with staff, it has always been our desire to create as much variety and character to an otherwise "square box" as well as work within the requirements of the PUD. Attached herewith please find two diagrams: one showing the location of the actual sign as well as the height of the requested architectural feature and the other showing the change in the peak to meeting the current PUD. CADocuments and Settings\coc\Local Settings\Temporary Internet Files\OLK76\Memo to City Council re Height of Lowes building.doc woo•aPI•Mmm 990L-8V6 (08V):XDd 017VL-LV6 (08W:GUO4d OSZSB 'ZV '31YUS1100S - 101 31i(1S • '3AI60 OWN003W 1SV3 OOVL 'ONI `S31,VI00SS`d•®33d 'ci id I Z®As aox :ram :UMD401Q :ON1"4S YOAMU sZIZeo :ON,0erad 113dSIIW JO S3M01 VNV1Now'n3dgnVN 74M WOO*DIP%'Mmm $90 L-876 (087)�d O77 L- L76 (087):eu04d OSZ92 'ZV '31VOS1100S • LW 31ins - '3AI80 OlVN00-Iry 1SV3 00>L 'ONI `S31VIOOSSd ®33d 'ci id 1 L ®A S 8'(3'H :PO)Pe40 :umoi0 :ON MNS 70 AVW OZ :ems ^y ry ry J [ p p 'y 9LLLf0 :ONl0elad 113dSI IVA 7O S3MO 1 VNVIN0W'113dS1'LVN Tri-City Planning Office Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@cepturytel.net May 21, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - Goldberg Properties, Inc./DNRC Increase in Height Limit for Lowe's Building Dear Chris: The Kalispell City Planning Board met on May 11, 2004 and held a public hearing to consider a request by Goldberg Properties, Inc. for a conditional use permit to increase the height limit in a B-5/PUD district from 45 feet to 54 feet. The property is located within the commercial element of the Spring Prairie Planned Unit Development in the northeast quarter of "Section 36". Narda Wilson, with the Tri-City Planning Office presented staff report KCU-04-6 and evaluated the proposal. Staff recommended approval of the height increase subject to one condition, to comply with the terms of the PUD agreement. During the public hearing, the board considered a letter of opposition from the property owners to the east who own Mountain View Plaza and from Mike Fraser, local resident and engineer. They opposed the height increase because Home Depot could not exceed the 45 foot height limit and they felt allowing an increase to the Lowe's buildingwas inequitable. After the public hearing, the board discussed the proposal and discussed whether this was an effort to obtain a larger sign and if the increase in height was for the building or for the sign. A motion failed on a vote of one in favor and five opposed to recommend to the Kalispell City Council that the conditional use permit be granted. Please schedule this matter for the June 7, 2004 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. Sincerely, Kalispell City Planning Board Geor e Tayl fr President Providing Community Planning Assistance To: ® City of Kalispell ® City of Columbia Falls ® City of Whitefish Goldberg Properties, Inc. Conditional Use Permit May 21, 2004 Page 2 GT/NW/ma Attachments: Staff report KCU-04-6 and application materials Draft minutes 5/ 11 / 04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Gina G. Patrick, Goldberg Properties, Inc., 1120 Lincoln Street, Ste 903, Denver, CO 80203 State of Montana, DNRC, 2250 Highway 93 North, Kalispell, MT 59901 KALISPELL\TRANSMIT\2004 \KCU04-6. DOC • FOR • r; • OFFICETRI-CITY PLANNING REPORT r. A report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow an increase in the height limit in a B-5 / PUD district. A public hearing to review this request has been scheduled before the planning board on May 11, 2004 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. 4 -.91011V� •- • . Petitioner: Gina G. Patrick Goldberg Properties, Inc. 1120 Lincoln Street Suite 903 Denver, CO 80203 (303) 759-8000 Owner: State of Montana Department of Natural Resources 2250 Highway 93 North Kalispell, MT 59901 (406) 751-2243 B. Size and Location: The property where this conditional use permit would be in place is within the commercial element of the Spring Prairie Planned Unit Development which is located in the northeast quarter of "Section 36." The entire commercial development site has approximately one half mile of frontage along Hwy 93 and is generally described as being approximately 60 acres in the east half of the northeast quarter of Section 36, Township 29 North, Range 22 West, PMM, Flathead County, Montana. C. Summary of Request: This is a request for a conditional use permit to allow an increase in the height limit from 45 feet to 54 feet for the Lowe's building proposed as part of the Spring Prairie PUD located in Section 36 commercial development area. Lowe is planning on developing the first structure within this planned unit development (PUD) that was approved by the Kalispell City Council in December of 2003. The underlying B-5, Industrial / Commercial zoning for the PUD has a provision for allowing an increase in building height from 40 feet up to a maximum of 60 feet with a conditional use permit as provided for under Section 27.17.040(4) of the Kalispell Zoning Ordinance. However, one of the PUD amendments approved by the City Council in December of last year allows for a 45-foot height limit within the development. The developers are requesting this increase in the height limit from 45 feet to 54 feet as provided for under the zoning and within the PUD to break up the 637 foot long building front. This also provides a mechanism for Lowe's to create their entryway by adding an significant architectural element D. Existing Land Use and Zoning: This property is currently undeveloped and is part of the Spring Prairie Planned Unit Development and lies within the commercial development component. This commercial development component contains a total of approximately 80 acres with the area committed to the initial phase of development containing approximately 60 acres. The Lowe's site including the building and parking lot will contain approximately 15 acres within the development site. The underlying zoning for the commercial component of the PUD is B-5, an Industrial / Commercial zoning district. The PUD further restricts the uses allowed in the development area and has special design standards that relate to building facades, landscaping, parking, access and internal driveways. E. Surrounding Zoning and Land Uses Zoning: This is an area in transition at the urban fringes of northern Kalispell. There are a mix of uses in the immediate area as listed below North: Multi -family residences, County RA-1 zoning East: Undeveloped ag lands, B-5 / PUD zoning South: Athletic fields, P-1 zoning West: Mountain View Plaza and undeveloped, B-2 / PUD and County SAG-10 P. Relation to the Growth Policy: The Kalispell Growth Policy 2020 recognizes the Neighborhood Plan for the Spring Prairie (Section 36) properties. It is a plan for development of the approximately 620 acres of land owned by the Montana Department of Natural Resources as a school trust land. The neighborhood plan for this property has a provision for commercial / retail development on this portion of the site. The proposed conditional use permit complies with the neighborhood plan and growth policy for this area. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwest Energy Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell • r • The application is reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Snare: There is adequate useable space for the proposed uses on this property which have been extensively evaluated under the planned unit development review process. Adequate Access: Access to the property will be from new accesses 2 developed off of Hwy 93 with the review and approval by the Montana, Department of Transportation and the City of Kalispell. Access to the site is good. b. Environmental Constraints: The site is generally level with no apparent unusual environmental challenges. An engineered drainage plan will be required to be submitted to the Kalispell Public Works Department which addresses the on -site retention of storm water as well as the extension of water and sewer to the site. • . .: . . _ _. . . - .. . I . Parking and site .ir . ula ion: The proposed conditional use permit would not be subject to review for site design since the site has already been extensively evaluated under the planned unit development review process and found to be adequate. A reduced copy of the site plan for the entire Spring Prairie has been submitted for informational purposes. There is adequate parking and the site circulation is good. b. 01)en Space: Please refer to the enclosed site plan provided for informational purposes on the open space associated with the Spring Prairie PUD. C. Fen ing.1Scre ng,/Landsc:a in : Landscaping for the entire site has been planned and reviewed and approved under the Spring Prairie PUD for this property. The landscaping is indicated on the site plan provided for your information. d. Sigrm: The sign for the Lowe's building will be incorporated into the parapet that extends above the building and is part of this proposal. Signs for the PUD are in compliance with the overall development plan for the site. A rendering of the building facade has been submitted by the applicant that indicates how the sign will be incorporated into the building which does not exceed that allowed under the PUD 3. Availability of Public Services/Facilities: a. S oolh: This site is within School District #5. No impact is anticipated from the proposed office. b. Parks and Recreation: There is a City park to the south of this property in close proximity of the site that may be used by patrons of the site. Impacts to the parks are anticipated to be minimal. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed residential facility. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed office. Compliance with the Uniform Fire Code will be required. 3 The Kalispell Fire Marshal has reviewed this proposal and no new hydrants or special considerations are warranted as a result of this building, and fire needs can be accommodated with the existing hydrants in place and existing access. Water and sewer: Water and sewer will be provided by the City of Kalispell and will simply entail the extension of service lines from existing mains from Hwy 93. Water and sewer services can be provided by the City of Kalispell with some impacts to the City system or existing capacity. e. ,Solid Waste: Solid waste pick-up will be provided by the City of Kalispell or private hauler. A solid waste pick up area has been indicated on the site plan and no special accommodations are anticipated to be required to meet this need. f. Streets: Typical traffic generated from these types of uses could be significant but the increase in height of the building will not increase the traffic associated with the use on the property. 4. Neighborhood Impacts: Development and land use impacts associated with the increase in height will be negligible. 5. Consideration of historical use patterns and recent changes: The proposal is generally compatible with the immediate area, where the planned unit development was approved west of another large retail center. 6. Effects on property values: Minimal negative impacts on property values are anticipated as a' result of this use. The proposal is compatible with the neighborhood, existing land uses and the development pattern in the area. RECOMMENDATION Staff recommends that the planning board adopt the staff report #KCU-04-6 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 3. The proposal will be developed in conformance with the Spring Prairie Planned Unit Development for the site. 4. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. NW REPORTS \KALISPELL\2004 \KCU04-6 1120 Lincoln Street, Suite 903 Denver, Colorado, 80203-2136 (303) 759-8000 x 39 (303) 863-0275 Fax Memo , ,,ti✓ To: Mr. Tom Jentz From: Gina G. Patrick CC: Mr. Jack Mandel Mr. Jack Swanson Date: 4/5/04 Re: Submittal for Height Variance Thank you for taking the time to meet with us last week. RECEIVED APR 6 G 2004 TRI-CITY PLANNING OFFICE Per your request, enclosed please find 20 color elevations of the Lowes building. I have also enclosed an application for the conditional use and the legal description of the said site. Jane Eby of Eby and Associates will be requesting a certification for the adjoining land owners from the Plat Office sometime tomorrow. It is my understanding we are trying to go in front of the Planning Board on the 11th of May with appearance before City Council in June. Please advise if this is not accurate. The purpose of this request for variance of the front fagade to 54 feet in height is to break up the 637 foot long building front. This will also allow Lowes to frame their entryway by adding an architectural element to be seen from Highway 93. This requests exceeds the new 45 foot height limit identified in the Amended PUD but is shorter than the 60 foot height limit identified by the underlying B zoning. As you are aware, these are the same proposed building elevations presented to the Planning Board and City Council in November and December of 2003. Should you have any questions, please do not hesitate to contact me. I appreciate your help. (:\Administrative\Forms and Lists\FormsWemo.doc Planning Office 17 Second St East, Suite 211 Kalispell, MT 5990 Phone:0. s APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED USE: OWNER(S) OF RECORD: Name: _J*&, � Mzf? ` ,. o7 /4 Mailing Address: CZY5 ig TI L City/ State/Zip: raim a Phone: z140 � PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IIS TO BE SENT: Name: Mailing Address: // a'o o5Sum 90 3 City/State/Zip: ; I� 4- � Yd--7D J Phone: LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: No. ship No. Subdivision Tract Lot Bloc Name: No(s). No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 1 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities, f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed. uses that have additional requirements (consult Planner). 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 Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development proce s A licant Si ature D to 2 ► �. � ; �a7�����[iiZrTiTi►i r ► : : �� ;. ��iTi7:4�i�r 1. A pre -application meeting with the planning director or member of the planning staff` is required. 2. Submit the correct fee, (per schedule below) completed application and appropriate attachments to the Tri-City Planning Office (address on the front of this form). 3. Attach a list of the names and mailing addresses of all property owners within 150 feet of the subject property as shown in the Flathead County Assessor's records. (Streets and roads are not included as part of the 150 feet) Assessor No Sec-Twn-Rn Lot/Tract No Property Owner 8v Mailing Address 4. Application must be completed and submitted a n n=mum of thirty five (35) days prior to the planning board meeting at which this application will be heard. 5. The regularly scheduled meeting of the planning board is the second Tuesday of each month. 6. After the planning board hearing, the application is forwarded with the board's recommendation to the city council for hearing and final action. 7. Once the application is complete and accepted by Tri-City planning staff, final approval usually takes 60 days, but never more than 90 days. Conditional Use Permit: Single-family (10 or fewer trips/ day) Minor Residential (2-4 units or 11-49 trips/day) Major Residential (5 or more units or 50+ trips/day) Churches, schools, public / quasi -public uses Commercial, industrial, medical, golf courses, etc. Administrative Conditional Use Permit Residential Commercial/ Industrial As approved by the TCPB, Effective 3/ 15/04 $250 $300 + $10/unit or 10 trips $350 + $20/unit or $20 for every 10 trips $350 400 $20 / acre or unit or $.05 / sf of leased space over 5,000 sq. ft. whichever is greatest $75 $150 3 bearing of South 09E21'41 " West; thence along said curve through a central angle of 20E23'48" an arc length of 177.77 feet to the beginning of a 301.03 foot radius non -reverse curve concave northeasterly having a radial bearing of North 27E06'47" East; thence along said curve through a central angle of 27E54'05" an arc length of 146.59 feet; thence South 90E00'00" East 122.39 feet; thence North OOE00'00" East 11.99 feet; thence South 90E00'00" East 360.07 feet; thence North 00E00'00" East 14.08 feet; thence North 89E59'38" East 192.20 feet to said westerly boundary of said U.S. Highway No. 93 Kalispell - Whitefish; thence along said westerly boundary of said U.S. Highway No. 93 Kalispell - Whitefish, South OOE10'22" West 116.07 feet to the Point of Beginning 1.902 acres of land, more or less. Item 9- Block 1 Lot 1 (Lowe's Home Improvement Warehouse Parcel) That portion of the Northeast 1/4 of the Northeast 1/4 and the Southeast 1/4 of the Northeast 1/4, Section 36, Township 29 North, Range 22 West, Principal Meridian, Flathead County, Montana, described as follows: Commencing at the southeast corner of the Southeast 1/4 of the Northeast 1/4, Section 36, Township 29 North, Range 22 West; thence along the southerly boundary of said aliquot part, North 89E58'06" West 135.87 feet to the westerly boundary of U.S. Highway No. 93 Kalispell - Whitefish as shown on State of Montana Right Of Way plans No. F5-3(32)115, records of Montana Department of Transportation, Helena, Montana; thence along said westerly boundary of said U.S. Highway No. 93 Kalispell - Whitefish the following three courses: North OOE09'13" East 190.13 feet, North 14E21'22" East 61.92 feet and North OOE10'22" East 499.67 feet; thence South 89E59'54" West 193.07 feet to the POINT OF BEGINNING of the parcel being described; thence South 89E59'54" West 787.46 feet; thence North 00E01'31 " East 821.91 feet to the beginning of a 433.36 foot radius non -tangential curve concave southwesterly having a radial bearing of South 11E35'02" West; thence along said curve through a central angle of 18E21'31" an arc length of 138.86 feet to the beginning of a 367.03 foot radius non -reverse curve concave northeasterly having a radial bearing of North 27E22' 16" East; thence along said curve through a central angle of 28EO9'34" an arc length of 180.39 feet; thence North 89E59'53" East 256.11 feet; thence South 78E15'09" East 59.06 feet; thence North 89E59'45" East 170.10 feet; thence South OOE00'02" West 719.81 feet to the Point of Beginning containing 13.430 acres of land, more or less. Item 12 - Block 2 (Phase 2 Development) That portion of the Southeast 1/4 of the Northeast 1/4, Section 36, Township 29 North, Range 22 West, Principal Meridian, Flathead County, Montana, described as follows: Commencing at the southeast corner of the Southeast 1/4 of the Northeast 1/4, Section 36, Township 29 North, Range 22 West; thence along the southerly boundary of said aliquot part, North 89E58'06" West 135.87 feet to the westerly boundary of U.S. Highway No. 93 Kalispell - Whitefish as shown on State of Montana Right Of Way plans No. F5-3(32)115, records of Montana Department of Transportation, Helena, Montana; thence along said westerly boundary of said U.S. Highway No. 93 Kalispell - Whitefish, North 00E09'13" East 66.00 feet to the 40 e �� t 41 r - t Y 4 Vi Hf tli WEST RESERVE t t D tt Subject Pro erfj 3T RESERVE DR 6(lT,N t3 1' ^ f PUD 4 R,4 'i ,G .. 4.1 1iL 41-,' rl ) rK i 4A 4WAll i co i 41 Y ! i 4ii :4FBI / �\i=i/ 41 3D l Z g &2 3A ~ ^� �I } 4 r COUNTYMNING 4G ta. VICINITY MAP 3 } 7A R-1 4E 7 GOLDBERG PROPERTIES, INC. CONDITIONAL USE PERMIT REQUEST FOR AN INCREASE IN HEIGHT FROM 45 FEET TO 54 FEET FOR THE LOWE' S BUILDING IN THE B - 5 PUD DISTRICT PLOT DATE: 4/13/04 r'TT 7 -U T.lCT T — n 1l — cr AT � 1 " — Onn' He\uiq\git.e\kcuO4 6.dwa m May 7, 2004 Ms. Narda Wilson Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana 59901 Re: Proposed Request / Spring Prairie PUD (Section 36) Via email: tricitynarda@centurytel.net and US Mail Dear Narda: We are in receipt of the Notice of Public Hearing regarding the proposed request for a conditional use permit allowing Lowes to increase its building height from 45 feet to 54 feet in the Spring Prairie PUD. As developers of Mountain View Plaza, we strongly encourage additional retail development at that intersection. Indeed, we are proud to have built the infrastructure that has encouraged the development of the Section 36 property. With that said, we strongly oppose the request to raise the Lowes building height from 45 to 54 feet. Our primary reason for this opposition is our belief that all developments in that area should be kept to similar if not identical standards. We have been concerned with past inequities and this is another example. Please note that the Mountain View Plaza PUD restricts building height at the rear of the tract (Home Depot, Target) to 38 feet and allows an additional 7 feet of parapet height for screening of roof -mounted equipment. (Section 2.01D) The Board may recall that the additional 7 feet of screening was allowed only because of reasonable concern that one would see giant rooftops given the finished floor of the development which is considerably below US Hwy 93. The front half of Mountain View, closest to but still below US 93, is restricted to a an overall building height of 28 feet. Another concern, and hopefully what is the primary reason for local opposition, is the enormous physical impact a 54 foot tall building would have on the Spring Prairie development and its surroundings. US Hwy 93 is basically level with what will be the finished floor of the proposed Lowes. Consequently, the sight -impact of such a tall structure(s) would be drastically inconsistent with that of the surrounding area. Quite frankly, the currently allowed height of 45 feet is too high for that corner. We would appreciate that the Board and the residents of Kalispell respect our opinion as the developer of what we believe is indeed a "first-class" retail development. Mountain View became, the, development it is through a very thorough and significantly restrictive planning process. We would like others held to similar standards. Thank you for your attention and consideration. Sincerely, On behalf of Mountain View Plaza, LP Stan Beard, Jr. Cc: Scott Deskins Allen Crosswell Mike Fraser Kalispell City Mayor and Council NOTICE OF PUBLIC HEARING RALISPDLL CITY PLANNING BOARD AND ZONING COMMISSION IMa73 11, 2v0:4 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, May 11, 2004 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The plann7ng board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request for a conditional use permit to allow a community residential facility for women on property zoned R-2, Single Family Residential, as proposed by the Violence. Free. Crisis. Line. The home. would providetransitional housing. in a safe and secure environment typically, to women and children who are victims of domestic abuse. Community residential facilities for eight or fewer people are listed as a conditionally permitted use in all residential districts. Community residential facilities for eight or fewer people have an exempt status under the state statutes and cannot be denied by the localgovernment. The property where the use is proposed is 1505 South Woodland Drive and can be described as the south 20 feet of Lot 2, Lots 3 and 4, and the west 25 feet of the north half of Lot 6 of LeDuc Addition located in Section 17, Township 28 North Range 21 West, P.M.M., Flathead County, Montana 2. A request for a conditional use permit to allow for the construction of a duplex on a lot which would allow more than one principal structure on the property zoned RA-1, Low Density Apartment zoning district. There is currently a fourplex on the property located at 715 Liberty Street and the additional duplex requires a conditional use permit. The property is located at the end of Liberty Street on the north side of road. The property can be described as Lot 5 and the adjoining 30 feet of former right of way to the west, in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request for a conditional use permit to allow the operation of a day care center on property zoned H-1, Health Care, as proposed by Immanuel Lutheran Corporation_. The applicants are proposing converting a single family home into a day care center for up to 40 children that will operate during the day Monday through Friday. Day care centers are listed as a conditionally permitted use in the H-1 zoning district. The property address is 103 Crestline Avenue and can be described as Assessors Tract 6K and Lot 14, Block 2 Highland Park Subdivision located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request for a conditional use permit to allow an increase in height for the Lowes building from 45 feet to 54 feet in an B-5 / PUD zoning district that is part of the Spring Prairie (Section 36) punned unit development. The prope�T is located at the south-west corner of =; w—T 93 and \,Vest Reserve Drive and can be described as approxxrnatel37- acres n he NE4 �tE4 SEA- 'JE4 of ;3ecdon 36, Township ?g North, Range -2' 'Nest, P.VI.VI., Flathead County, Montana. 5. A request for a change in zoning on several properties from R-3, Single Family Residential to R-�_-3, a Residential Apartment ./ Office district for the purpose of constructing apartments. The properties contain appraximately five acres and are located on the east side of North Meridian Road. north of Underhill Court. The properties are currently undeveloped and a conditional use permit for the apartments has been filed concurrently with the zone change request. Properties can be described as Tracts 1 & 2 of Certificate Of Survey T11786 in Section 7, Township 28 North, Range 21 West, P.M.M. 6. A request for a conditional use permit on property proposed for rezoning from R-3, Single Family Residential to RA-3, a Residential Apartment / Office district for the purpose of constructing apartments. The property contains approximately five acres and is located on the east side of North Meridian. Road, north of Underhill. Court. The developer proposes eight individual buildings that would create a total of up to 67 dwelling units. The properties can be described as Parcel A & B of Certificate of Survey m 15239 and Tract 1 of Certificate of Survey #11786 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request for preliminary plat approval of Stratford Village Phase 4, a 23 lot residential subdivision - 20 townhouse lots and 3 single-family lots - on approximately 3.369 acres in southwest Kalispell at the west end of Bluestone. The property is zoned R-4, Two Family Residential and is part of a 101 lot residential subdivision. This would be the last of the subdivision phases. The property can be described as a portion of Assessor's Tracts 6L located in. Section 19-, Township 28 North, Range 21 West, P.M.M.,-Flathead-.County; Montana. 8. An amendment to the Kalispell Zoning Ordinance initiated by the City of Kalispell to address changes to Chapter 27.24, Sign Regulations. The proposed amendments are the result of work sessions held with the Kalispell Planning Board and are intended to bring consistency to the regulations, address temporary signs and others and to streamline the enforcement process. Documents pertaining to these agenda items are on fle for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail at tricitvnardata7,centurvtel.net for additional information. Thomas R. J entz Plannina Director No. 8129 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION May 11. 2004 The reoular meeting_ of the Kalispell City Plan- ning Board and Zoning Commission is sched= uled for Tuesday, May 11, 2004 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 31 Z First Avenue East, Ka- lispell. The planning:: board will hold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1.A request for a con- ditional use permit to al- low a community resi- dential facility for wom- en on property zoned R- 2, Single Family Resi- dential, as proposed by the Violence Free Crisis. Line. The home would:: provide transitional: housing in a safe ands, secure environment typ.> ically to women and - children who are victims: of domestic abuse_.:.: Community residentiaiL facilities for eight or few. er people are listed as a:: conditionally permitted•,': use in all residential dis- . tricts. Community resi dential facilities for eight:: or fewer people have an:' exempt status under the: state statutes and cans__ not be denied by the. local government. The:- property.where the use:, is proposed is 1505< South Woodland Drive: and can be described: as the south 20 feet of Lot 2, Lots 3 and 4, and the west 25 feet of the north half of Lot 6 of LeDuc Addition located. in Section 17, Township, 28 North Range 21:; West. P.M.M., Flatheads County, Montana 2. A request for a con- ditional use permit to al- low for the construction - of a duplex on a lot wnich would allow more man one principal struc- ture on the property _oned RA-1. Low Densi- 'v �oanment zoning dis- ric;. There is currentiv a- `ouro!ex on the property. ccated at 715 Liberty `rtraet and the additional uraex requires a conai- or, zl _se oermit. The ;rn;erty s iocated -t ne -:nd of LlberiV Street in ;he north side of cao. ine oroperty can be nescnoed as Lot 5 -nd he aaiaining 0. ?et -t former rignt of ;JaV io tfte west—n ec- tion 1' Fownsnio 28 North, Range 22 West. P.M.M.. Flathead Coun- ty, Montana. 3. A request for a con- ditional use permit to ai- low the operation of a day care center on property zoned H-1; Health Care, as pro- posed by Immanuel Lu- theran Corporation. The applicants are propos- ing converting a single family home into a day care center for up to 40 children that will operate during the day Monday through Friday. Day care centers are listed as a conditionally per- mitted use in the H-1 zoning district. The property address is 103. Crestline Avenue and can be described as. As- sessors Tract 6K anct Lot 14, Block 2 Highland, Park Subdivision locat- ed in Section 7, Town ship 28 North, Range 21 ' West, P.M.M., Flathead` County, Montana. 4. A request for a con- ditional use permit to al- low an increase in. height for the Lowes:. bwiding from 45 feet to.: 54 feet in an B-5 / PUD: zoning district that is' part of the Spring Prairie (Section 36) planned-', unit development. Thee:: property is. located at: the southwest corner of, Hwy 93 and West Re- serve Drive and can be: described as approxi:-; mately 13.43 acres irr..;s the NE4 NE4 SE4 NE4:' of Section 36, Township.' : 29 North, Range 22:1-, West, P.M.M., Flathead;,:. County, Montana. 5. A request for a change in zoning_on; several properties frorm R-3, Single Family Resi-' dential to RA-3, a Resi dential Apartment / Of fice district for the pur-1 pose of constructing.. apartments. The proper ties contain approxi mateiy five acres and` are located on the east': side of North Meridian' Road, north of Underhill:" - Court. The properties: are currently undevel oped and a conditional use permit for the apart ments has been filed; - concurrently with the: zone change request;. Properties can be de- scribed as Tracts 1 & 2 of Certificate Of Survey,, ,,11786 in Section 7, Township '28 North, Ranoe 21 West, P.M.M. A request for a con- _,itionai use permit on property proposea for I from R-3. Sin gie Family Residential: o , -3, a :Residential a.oartment/Office dismcr ror she ouroose of con- . ructing _apartments. The property contains aoproximateiv rve acres . STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CMIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS TH LEGAL CLERK OF THE DAILY ENTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 8129 LEGAL ADVERTISEIVIENT WAS PRINTED AN PUB LISHED IN' THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH :AND EVERY ryCOPY THEREOF ON THE DATES OF APR 25, 2004 AND THE RATE CHARGED FOR TEE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED F7 THE SAME NUMBER OF INSERTIONS. i/ Subscribed and sworn to before met,^.s .. . AD. APR 26. 2004 ice. 6-0-e- -Notary Public for the State of MontS`r�t,,,',y� Residing in Kalispell iVly Commission expires and is located on the east side of North Meri- dian Road, north of Un- derhill Court. The devel- oper proposes eight in- dividual buildings that would create a total of up to 67 dwelling units. The properties can be described as Parcel A & B of Certificate of Sur- vey j15239 and Tract 1 of Certificate of Survev #11786 in Section 7 Township 28 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. 7. A request for pre- liminary plat approval of Stratford Village Phase 4, a 23 lot residential subdivision - 20 town- house lots and 3 single- family lots — on apptnx; imately 3.369 acres its southwest K'alispell`at the west end of Blue- stone. The property is zoned R-4, Two Family Residential and is part of a 101 lot residential subdivision. This would be the last of the subdi- vision phases. The property can be descri- bed as a portion of As, sessor's Tracts 6L locat- ed in Section 19, Town- ship 28 North, Range 21 West, P.M.M., Flatheac County, Montana. 8. An amendment tc the Kalispell Zoning Or- dinance initiated by the City of Kalispell to ad• dress changes to Chap; ter 27.24, Sign Regula• tions. The proposec amendments are the re- sult of work session; held with the Kalispel Planning Board and are intended to bring con sistency to the regula tions, address tempora ry signs and others an( to streamline the en forcement process. Documents pertaininc to these agenda item: are on file for public in spection at the Tri-Cit, Planning Office, 17 Sec and Street East, Suit( 211, Kalispell, M- 59901, and are avaiia ble for public reviev during regular offic( hours. Interested persons an encouraged to attem the hearing and makI their views and con cerns known to th Board. Written com ments may be submit ted to the Tri-City Plar n(ng Office at the abov address. prior to th oate of the hearina you may contact Grd `Nilson, ' Senior Panne at ,,a06) r 5 1 - i 850 or nail ric(tvnaraa @ centurvte net :or additional nfo mason. s/ T homas R. Jentz -honias R. Jentz Mannino Director Toni 25, 00u Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (40bj 7511-1850 Fax: (406) 751-1858 tricityCa centurytel.net 10 0�1� Ail TO: Kalispell City Staff and Other Interested Parties FROM: Narda A. Wilson, Senior Planner RE: May 11, 2004 - Kalispell Planning Board Meeting DA-TvE: April 16, 2004 These items will go before the Site Development Review Committee in the Kalispell Building Department on the following dates: April 22 - Initial Review April 29 - Staff Comments ® May 3, 2004 so that they can be incorporated into the staff report. These matters will go before the Kalispell City Planning Board on May 11, 2004 for public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to May 3, 2004 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852 or e-mail at tricitynarda(a centurytel.net. If you need additional information regarding any of these items, please call me. Thank you for taking the time to review and comment on these items. A request for a conditional use permit to allow a community residential facility for women on property zoned R-2, Single Family Residential, as proposed by the Violence Free Crisis Line. The home would provide transitional housing in a safe and secure environment typically to women and children who are victims of domestic abuse. Community residential facilities for eight or fewer people are listed as a conditionally permitted use in all residential districts. Community residential facilities for eight or fewer people have an exempt status under the state statutes and cannot be denied by the local government. ?. A request for a conditional use permit to allow for the construction of a duplex on a lot which ,would allow more than one principal structure on the property, zoned RA- 1, Low Density Apartment zoning district. There is currently a fourplex on the Providing Community Planning Assistance To: • C tv of Kalispell . City of Columbia Fails ® City of Whitefish - Referrals KPB 5 ! 11 / 04 mtg April 16, 2004 Page 2 property located at 715 Liberty Street and the additional duplex requires a conditional use permit. The property is located at the end of Liberty Street on the north side of road. 3. A request for a conditional use permit to allow the operation of a day care center on property zoned H-1, Health Care, as proposed by Immanuel Lutheran Corporation. The applicants are proposing. converting a single family home into a day care center for up to 40 children that will operate during the day Monday through Friday. Day care centers are listed as a conditionally permitted use in the H-1 zoning district. 4. A request for a conditional use permit to allow an increase in height for the Lowes buLilding from 45 feet to 54 feet in an B-5 / PUD zoning district that is part of the Spring Prairie (Section 36) planned unit development. 5. A request for a change in zoning on several properties from R-3, Single Family Residential to RA-3, a Residential Apartment / Office district for the purpose of constructing apartments. The properties contain approximately five acres and are located on the east side of North Meridian Road, north of Underhill Court. The properties are currently undeveloped and a conditional use permit for the apartments has been filed concurrently with the zone change request. 6. A request for a conditional use permit on property proposed for rezoning from R-3, Single Family Residential to RA-3, a Residential Apartment / Office district for the purpose of constructing apartments. The property contains approximately five acres and is located on the east side of North Meridian Road, north of Underhill Court. The developer proposes eight individual buildings that would create a total of up to 67 dwelling units. 7. A request for preliminary plat approval of Stratford Village Phase 4, a 23 lot residential subdivision - 20 townhouse lots and 3 single-family lots - on approximately 3.369 acres in southwest Kalispell at the west end of Bluestone. The property is zoned R-4, Two Family Residential and is part of a 10 1 lot residential subdivision. This would be thelast of the subdivision phases c: w/attachments: Jim Stewart, Fire.Dept. Mike Baker, Parks and Rec Chris Kukulski, City Manager PJ. Sorenson, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Andrew Sorenson, Assistance City Engineer Sandv Wheeler; Community Redevelopment Susan Mover, Community Development Director Craig I-, zm.an, Chief Building Inspector Charles _H_arball, CiD7 Attorney