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Staff Report/Prelimininary PlatCity of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Preliminary Plat request for the U.S. Forest Service MEETING DATE: October 2, 2006 BACKGROUND: The Kalispell City Planning Board met on September 19, 2006 and held a public hearing to consider a request by Goldberg Properties, Inc. on behalf of the U.S. Forest Service for preliminary plat approval to lease a 5.35 acre parcel from the Department of Natural Resources and Conservation in order to construct a new facility for the U.S. Forest Service to serve the greater Flathead Valley area. The proposed lease site can be generally described as lying in the NW 1/4 of the NW 1/4 of Section 36, Township 29 North, Range 22 West PMM Flathead County, Montana. The area of the lease site is zoned R-5/PUD (Residential -Professional Office/Planned Unit Development). The Planning Board held a public hearing on the proposed subdivision at its September 19th meeting. Staff provided a brief presentation of the proposed subdivision and recommended the Planning Board consider amending 2 conditions. This included amending condition #2 to state that the access road, instead of "serving" staff suggested using "abutting" the subdivision shall be designed and construction in accordance with the adopted Design and Construction Standards for the City of Kalispell. Staff also suggested amending condition #6 to state that 40 feet of additional R/ W from the center line of Stillwater Road shall be dedicated along the road and shall be shown on the face of the final lease site map. With the 2 amended conditions in place staff recommended approval of the preliminary plat subject to 11 conditions in the staff report. Mike Fraser of TD&,H and Grant Nelson of Goldberg Properties, Inc. spoke in favor of the project. Steve Lorch from the Montana Department of Natural Resources and Conservation also spoke in favor of the project. After the public hearing the board discussed the proposal and a motion was made which passed unanimously to recommend approval of the preliminary plat to the Kalispell City Council subject to the 11 conditions as amended above. RECOMMENDATION: A motion to approve the preliminary plat with the 11 conditions attached in Exhibit A would be in order. FISCAL EFFECTS: Positive impacts once fully developed. TEAT : As suggested by the City Council. Respectfully subpaitted, Sean Conrad��ames H. Patrick Senior Planner City Manager Report compiled: September 22, 2006 Attachments: Transmittal letter Exhibit A (conditions) Staff report #KPP-06-11 and application materials Minutes 9/ 19/06 planning board meeting c: Theresa White, Kalispell City Clerk RESOLUTION NO. 5154 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF U.S. FOREST SERVICE SUBDIVISION, MORE PARTICULARLY DESCRIBED AS LYING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Goldberg Properties, Inc, on behalf of the U.S. Forest Service, the lessor 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 and Zoning Commission held a public hearing on September 19, 2006 on the proposal and reviewed Subdivision Report #KPP-06-11 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of the U.S. Forest Service Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October 2, 2006, reviewed the Kalispell Planning Department Report #KPP-06-11, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP- 06-11 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Goldberg Properties for approval of the Preliminary Plat of U.S. Forest Service Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of this site will be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). 2. That the access road abutting the subdivision shall be designed and constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell. (Kalispell Sub. Regs. Section 3.01 & 3.09A). 3. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 — 3.15). A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub Regs. Sections 3.09, 3.11 — 3.15). 6. Forty (40) feet of right-of-way from the centerline of Stillwater Road shall be dedicated along Stillwater Road. This additional right-of-way shall be shown on the face of final lease site map. (Findings of Fact Section D) 7. Access directly from the lease site onto Stillwater Road is prohibited. (Findings of Fact Section D) 8. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003). b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003). 9. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 10. Development of an overall landscape plan addressing public and private street boulevards, street trees, perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the Kalispell Parks and Recreation Director and Kalispell Planning Department for approval in writing prior to installation. The plan shall address all PUD requirements. 11. The preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E)(7). SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF OCTOBER, 2006. Pamela B. Kennedy Mayor Theresa White City Clerk City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner SUBJECT: Preliminary Plat request for the U.S. Forest Service MEETING DATE: October 2, 2006 At the Council's October 2nd meeting you will be considering a request for preliminary plat approval from the U.S. Forest Service to lease a 5.35 acre area located on the Montana Department of Natural Resources and Conservation land in Section 36. The proposed lease site is south of Glacier High School and adjacent to Stillwater Road. The Kalispell Public Works Department anticipates the need to upgrade Stillwater Road in the future due to the potential for future residential and commercial development in the area. The Planning Board recommended approval of the lease site with conditions addressing land dedication along Stillwater Road for future widening. However, the staff report did not include a condition requiring the property owners waive their right to protest an SID for the future upgrade of Stillwater Road to City standards. This was an oversight and the Planning Department is recommending the Council consider adding the following condition to the preliminary plat: "A note shall be placed on the final plat stating the owner waivers the right to protest an SID for the upgrade of Stillwater Road to City standards." Respectfully submitt , 7�z� Sean Conrad Senior Planner c: Theresa White, Kalispell City Clerk City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com September 22, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for the U.S. Forest Service Dear Jim: The Kalispell City Planning Board met on September 19, 2006 and held a public hearing to consider a request by Goldberg Properties, Inc. on behalf of the U.S. Forest Service for preliminary plat approval to lease a 5.35 acre parcel from the Department of Natural Resources and Conservation in order to construct a new facility for the U.S. Forest Service to serve the greater Flathead Valley area. The proposed lease site can be generally described as lying in the NW 1/4 of the NW 1/4 of Section 36, Township 29 North, Range 22 West PMM Flathead County, Montana. The area of the lease site is zoned R-5/PUD (Residential -Professional Office/Planned Unit Development). Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-11 and recommended the Planning Board consider amending 2 conditions. This included amending condition #2 to state that the access road, instead of "serving" staff suggested using "abutting" the subdivision shall be designed and construction in accordance with the adopted Design and Construction Standards for the City of Kalispell. Staff also suggested amending condition #6 to state that 40 feet of additional R/ W from the center line of Stillwater Road shall be dedicated along the road and shall be shown on the face of the final lease site map. With the 2 amended conditions in place staff recommended approval of the preliminary plat subject to 11 conditions in the staff report. Mike Fraser of TD&H and Grant Nelson of Goldberg Properties, Inc. spoke in favor of the project. Steve Lorch from the Montana Department of Natural Resources and Conservation also spoke in favor of the project. After the public hearing the board discussed the proposal and a motion was made which passed unanimously to recommend approval of the preliminary plat to the Kalispell City Council subject to the 11 conditions as amended above. Please schedule this matter for the October 2, 2006 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board ._ �'� b� Timothy Norton President Attachments: Exhibit A Staff report #KPP-06-11 and application materials Minutes 9 / 19 / 06 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: USFS 1935 Third Ave. East Kalispell, MT 59901 Goldberg Properties, Inc. 195 W. 12 Ave. Denver, CO 80203 TD&.H Attn: Michael Fraser 31 Three Mile Drive Kalispell, MT 59901 DNRC Attn: Steve Lorch 2250 Highway 93 North Kalispell, MT 59901 A+ 1: FOREST F' i PLAT CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNIBOARD SEPTEM13ER 19, 2006 The Kalispell City Planning Board recommends to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: 1. That the development of this site will be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). 2. That the access road abutting the subdivision shall be designed and constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell. (Kalispell Sub. Regs. Section 3.01 &, 3.09A). 3. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). 5. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub Regs. Sections 3.09, 3.11 - 3.15). 6. Forty (40) feet of right-of-way from the centerline of Stillwater Road shall be dedicated along Stillwater Road. This additional right-of-way shall be shown on the face of final lease site map. (Findings of Fact Section D) 7. Access directly from the lease site onto Stillwater Road is prohibited. (Findings of Fact Section D) 8. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003). b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003). 9. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 10. Development of an overall landscape plan addressing public and private street boulevards, street trees, perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the Kalispell Parks and Recreation Director and Kalispell Planning Department for approval in writing prior to installation. The plan shall address all PUD requirements. 11. The preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E)(7). CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Timothy Norton, Rick Hull, John Hinchey, and Bryan Schutt. Bob Albert, Robyn Balcom and Kari Gabriel were absent. Sean Conrad P.J. Sorensen and Tom Jentz represented the Kalispell Planning Department. There were approximately 17 people in the audience. APPROVAL OF MINUTES Hull moved and Hinchey seconded to approve the minutes of the August 8, 2006 regular planning board meeting with the following amendments: Page 10, paragraph 3 delete the phrase "not even a road"; Page 16 Public Hearing - first sentence by John King change "ratify" to "rectify". The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. SPRING PRAIRIE NOMD A request from Goldberg Properties, LLC on behalf of the US PROFESSIONAL ONE - Forest Service to lease a 5.35 acre parcel from the USFS HEADQUARTERS - Department of Natural Resources and Conversation in order PRELIMINARY PLAT to construct a US Forest Service office. The proposed lease site is south of the new high school under construction at the intersection of West Reserve Drive and Stillwater Road. STAFF REPORT P-06-11 Sean Conrad, representing the Kalispell Planning Department presented Staff Report KPP-06-11 for the Board. Conrad oriented the board on the location of the proposed USFS headquarters. Conrad said that the high school came in for a preliminary plat for a lease site and one of the conditions was to construct 300 feet of the no name roadway from Stillwater Road and this road would then serve the high school parking lot. This developer would be required to extend that roadway an additional 120 feet to the east, which is the eastern boundary line of the lease site. Staff is recommending that the Kalispell City Planning Board adopt staff report KPP-06-11 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Spring Prairie Mixed Professional One be approved subject to the 11 conditions listed in the staff report. Conrad noted Condition #2 speaks to the construction and development of the access roadway and the planning board might consider amending Condition #2 to state that the access road not serving but abutting the subdivision shall be Kalispell City Planning Board Minutes of the meeting of September 19, 2006 Pagel of 5 designed and construction in accordance with the adopted Design and Construction Standards for the City of Kalispell. Conrad said in addition he would recommend that the planning board amend Condition #6 which speaks to the R/W along Stillwater Road. Due to future development in the area Stillwater Road will most likely increase to some type of collector capacity therefore there is a need for additional R/W. The amendment to Condition #6 would state that 40 feet of additional R/W from the center line of Stillwater Road shall be dedicated along the road and shall be shown on the face of the final lease site map. Conrad added that the developers are fine with this amendment. Norton asked if that amendment would include the pedestrian/bicycle path R/W or just the future expansion of the road. Conrad said the 40 feet would accommodate the road expansion and a boulevard strip and a future sidewalk or bike trail. QUESTIONS BY THE Rick Hull recused himself from the discussion since his firm BOARD I was involved in the appraisal of this property. Hinchey asked if the road dives down and connects with the Reserve connector. Conrad said that it does. APPLICANT/AGENCIESAPPLICANT/AGENCIES Mike Fraser, Thomas, Dean 8v Hoskins said he was speaking on behalf of the applicant. He noted that the owner is DNRC and the applicant is Goldberg Properties who are negotiating a lease for the property and will eventually build a building and lease it to the Forest Service. This subdivision is approximately a 5.5 acre parcel. R/W will be dedicated for no name road. The staff report and conditions speak for themselves. The high school will be required to build the first 300 feet of no name road and the applicant will finish the other 120 feet. The road will be finished with curb, gutter and sidewalks to city standards. Along Stillwater Road there is a 60 foot declared R/W and to clarify its status they will dedicate 40 feet - the existing 30 feet from the center line east plus an additional 10 feet and as they move through the project and comply with Kalispell standards they will also build an 8 foot bike path along that R/W so there eventually be a bike path from Three Mile Drive north all the way to West Reserve and to serve the high school. Grant Nelson with Goldberg Properties noted he is available for questions. Nelson said that they are excited about the project and hopefully they will open a year from now. They are trying to move quickly for the Forest Service and are trying to get them moved into the facility which they hope will be an asset to the community. Hinchey asked if this building would replace the current facility south of Kalispell. Nelson said yes it will replace that Kalispell City Planning Board Minutes of the meeting of September 19, 2006 Page 2 of 5 facility and combines another ranger station into one building. Steve Lorch, Montana Department of Natural Resources and Conservation, essentially representing the landowner trustee. They have been working with Goldberg Properties and the Forest Service and they are excited to move this project forward. Hinchey asked how long is the lease and Nelson said that it is a 50 year lease with options taking it to 99 years. PUBLIC HEARING No one wished to speak and the public hearing was closed. TION Schutt moved and Hinchey seconded a motion to adopt staff report KPP-06-11 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Spring Prairie Mixed Professional One be approved subject to the 11 conditions listed in the staff report and with the following amendments: Amend Condition #2 to read, "The access road abutting the subdivision shall be designed and constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell." Amend Condition #6 to read, Forty feet of additional R/W from the center line of Stillwater Road shall be dedicated along the road and shall be shown on the face of the final lease site map." BOARD DISCUSSION The board members like the location and the project. Hinchey asked for clarification on the access. Conrad said Public Works prohibited any additional accesses onto Stillwater Road, which is per the Section 36 PUD which limits access to every 1/4 mile. He noted that it allows the governing body over that road to allow additional access or curb cuts but in this case the Public Works Department wanted everything funneled to this no name road. Conrad noted that that the access is addressed in the conditions of approval. ROLL CALL The motion passed unanimously on a roll call vote. WADE - ANNEXATION & A request from Lisa Wade for annexation and initial zoning of CONDITIONAL USE PERMIT RA-1 (Low Density Residential Apartment) on a portion of a 0.49 acre property located at 1613 8s 1615 5th Ave East. The owner is also requesting a conditional use permit to construct a four-plex and two five-plex units on the property in the annexation and initial zoning request and the property immediately north. The two properties are located along 5th Ave East at 1613 8s 1615 5th Ave. East and total Kalispell City Planning Board Minutes of the meeting of September 19, 2006 Page 3 of 5 UNITED STATES FOREST SERVICE SUBDIVISION OFFICEKALISPELL PLANNING SUBDIVISION REPORT #KPP-06-11 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a single lot commercial subdivision within the Spring Prairie PUD. A public hearing on this matter has been scheduled before the Kalispell Planning Board for September 19, 2006 beginning at 7:00 PM in the Kalispell City Council Chambers. A recommendation from the Planning Board will be forwarded to the Kalispell City Council for final action. • Developer/Lessor: USFS 1935 Third Ave. East Kalispell, MT 59901 Goldberg Properties, Inc. 195 W. 12 Ave. Denver, CO 80203 (303) 759-8000 Consultant: TD&H Attn: Michael Fraser 31 Three Mile Drive Kalispell, MT 59901 Owner: DNRC Attn: Steve Lorch 2250 Highway 93 North Kalispell, MT 59901 A. Location: The lease site is located approximately 800 feet south of the intersection of Stillwater Road and West Reserve Drive on the east side of Stillwater Road. The site is 5.35 acres in size and can be generally described as lying in the NW 1/4 of the NW 1/4 of Section 36, Township 29 North, Range 22 West PMM Flathead County, Montana. B. Nature of the Request; The developer is requesting preliminary plat approval of a single lot commercial subdivision proposed to be developed on the State School Trust Site. The developer intends to construct a new facility for the United States Forest Service (USFS) to serve the greater Flathead Valley area. In December 2001, Section 36 was annexed and a Planned Unit Development (PUD) overlay (Spring Prairie PUD) was approved by the City of Kalispell for Section 36 which developed the zoning and design standards in compliance with the neighborhood plan. The PUD developed for Section 36 divided the section into various proposed uses including the 136 acre city recreation site for Kids Sports, the #KPP-06-11 Pagel of 7 mixed commercial POD, the mixed professional POD in the northwest portion of the section where the proposed lease site is located and a Residential POD in the southwest portion of this section. As required with all development in Section 36, road and utility extensions as well as the future USFS facility on the site will be required to comply with the adopted Spring Prairie PUD and Kalispell Ordinance Codes. C. Existing Land Use: The lease site is currently being used as farmland. The proposed lease site is on the right side of the road. It is currently undeveloped D. Adjacent Land Uses: A new high school is under construction immediately north of the lease site. To the west is vacant farm land as well as to the east. Several hundred feet south of the site is a farming operation including a house and numerous outbuildings. E. Existing Zoning: This property is zoned R-5/PUD and is part of the Spring Prairie PUD for all of Section 36. The R-5 / PUD area of the property is mixed use professional office zone. The proposed USFS facility, which would be constructed on the lease site if it is approved, is permitted in the R-5/PUD zoning. In addition to land use restrictions the PUD for Section 36 also provides requirements for lighting, landscaping, parking and building heights. F. Adjacent Zoning: North: Spring Prairie PUD (Mixed Professional POD) South: Spring Prairie PUD (Mixed Professional POD) East: Spring Prairie PUD (Mixed Professional POD) West: County Zoning, AG-80 G. Relation to Growth Policy Map: The Section 36 Neighborhood Plan was adopted as an addendum to the Kalispell Growth Policy. The neighborhood plan designates #KPP-06-11 Page 2 of 7 the subject area of this subdivision as an Urban Mixed Use Area. The Spring Prairie PUD was adopted as the implementing tool of the neighborhood plan. H. 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, Kalispell Police: City of Kalispell This application is reviewed as a major subdivision in accordance with State statutory review criteria and the Kalispell City Subdivision Regulations. The following findings are made: A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department. The property can be considered to be at low risk of fire because the subdivision would be constructed in accordance with the International Fire Code and the access road would meet city standards. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the fire marshal. Also, the city's new fire station is located approximately 2 miles driving distance southeast of the proposed lease site providing for efficient emergency services response times. Flooding: According to the Flood Insurance Rate Map panel # 1805D, there are no areas subject to flooding or mapped within the designated 1 00-year floodplain. Access: All access to this lease site will be from an access roadway running west to east and constructed off of Stillwater Road within an existing 60-foot road right-of- way. In order to provide legal and physical access to the lease site the access roadway will be required to be constructed to current City of Kalispell road design and construction star ards. The developer will be required to extend the access road approximately 2 feet from the roadway's intersection with Stillwater Road, east to the furthest extent of the lease site. (A temporary cul-de-sac will be required where the road ends -1- The site is not mapped within any big game winter range and does not provide significant habitat to wildlife. The property has been intensely farmed in small grains for several decades. It contains no trees, shelter, forage or riparian areas. Development of this site will not impact wildlife or wildlife habitat. nKPP-06-11 Page 3 of ♦ a Surface and Ground Water: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. No surface water is in close enough proximity to the site to create concerns with regard to this development. There is no floodplain in the area or on the property. Drainage There is no municipal storm water system serving this site. All storm water will have to be managed and maintained on site via an engineered collection and disposal plan. Water and Sewer: Municipal water and sewer lines are located north of the proposed lease site at the intersection of Stillwater Road and West Reserve Drive. The developer will be required to extend the water and sewer main lines within the Stillwater Road right-of-way to the furthest extent of the proposed lease site boundary. Storm water management: There is no municipal storm water system serving this site. All storm water will have to be managed and maintained on site via an engineered collection and disposal plan. Roads: All access will be off of an access roadway connecting the lease site to Stillwater Road. The developer is responsible for constructing the access roadway to city standards from Stillwater Road east to the furthest extent of the lease site. The access roadway will be constructed with curb, gutter, boulevard, sidewalks and street trees on both sides. Stillwater Road is currently a paved roadway approximately 24 feet wide within a 60-foot easement. The Kalispell Growth Policy 2020, Chapter 10 Transportation, states that Stillwater Road is an existing rural minor arterial which in the Kalispell Transportation Plan recommends the road be widened to include paved shoulders, improved recovery zone, and left -turn lanes at major intersecting streets or drives. Due to the current nature of the roadway and the need for future widening and improvements to Stillwater Road, the Public Works Department is recommending an additional 10-feet of road right-of-way be dedicated along the lease site frontage along Stillwater Road. When development occurs along the west side of Stillwater Road the developer there will also be required to dedicate 10-feet of additional right- of-way. This will insure that Stillwater Road can be upgraded to accommodate increased traffic in the area. The preliminary lease site plan submitted with the application indicates access to the site from the proposed access road, located along the northern end of the lease site, and an access driveway off of Stillwater Road. After reviewing the subdivision, the Public Works Department is recommending that no access driveways be allowed from the lease site directly onto Stillwater Road. Policy 6, Chapter 10 of the Kalispell Growth Policy states, "Provide access to individual lots by way of local streets to the maximum extent feasible and avoid granting individual access on to #KPP-06-11 Page 4 of 7 collectors and arterials." Stillwater Road will be improved to function as an arterial in the future and the Public Works Department recommendation would help to limit the number of access points on the roadway which in turn will provide for better traffic flow in the future. Pedestrian access: Sidewalks will be provided on both sides of the access road to provide pedestrian access to surrounding commercial businesses east of the site once they are developed. Schools: This subdivision is within the boundaries of School District #5. Because of its commercial nature it will not generate school children. Taxes generated from the project will benefit the school district and proceeds from the leases collected by the DNRC will benefit the School Trust Fund. Parks: This subdivision is not subject because it is a commercial subdivision Regulations and under State Statute. to the parkland dedication requirements as outlined in the Kalispell Subdivision Police Protection: This development will be served by the Kalispell Police Department. According to the Kalispell Police Department, they will be able to adequately serve this area. Fire Protection: This development will be served by the Kalispell Fire Department. Fire hydrants will be required along the access roadway. The location of the hydrants will be reviewed and approved by the fire department. Fire flows in the area are adequate to accommodate any necessary hydrants. Street and parking lot design will also be reviewed at the time the developer submits a building permit. Fire protection is provided by the Kalispell Fire Station No. 62, located along Reserve Loop, approximately 2 miles driving distance southeast of the proposed lease site. Refuse Disposal: The subdivision will be served by the City of Kalispell for solid waste disposal. Adequate space at the County landfill is available for the solid waste which will be generated by the subdivision. Medical Services: Kalispell Regional Medical Center is approximately three miles from the site. Ambulance services are available to serve this subdivision and access is good. I:Xir=_.. This property has been actively farmed for several decades under a state managed lease program with proceeds going to the State School Trust. Soils are Kalispell Loams and are classified as class 2 and class 3 soils according to the Upper Flathead Valley Soil Survey. Loss of this agricultural site will incrementally impart the agricultural land base in Flathead County. Section 36 has already gone through a MEPA analysis by the State in anticipation of commercial development of this site. While there is an impact to agriculture, the #KPP-o6-11 Page 5 of 7 proposed subdivision is a planned and anticipated project in the path of the planned urban expansion of Kalispell. ComplianceF. _ Growth The Kalispell City Growth Policy Map acknowledges the adopted Section 36 Neighborhood Plan. The plan designates the subdivision site as urban mixed use and provides a series of guidelines and policies for its development as a mixed residential/professional office zoning. Such a designation anticipates a wide variety of residential, professional office and commercial activities and is further implemented by the adoption of the R-5/PUD zoning. The proposed lease site and intended use of the lease site are in accordance with the existing zoning on the property and comply with the Kalispell City Growth Policy. The zoning for this property is a specially crafted PUD ordinance (Spring Prairie PUD) adopted in December 2001 by the City Council. It is based on the R-5 Residential/Professional Office zoning district. The proposed size of the lease lot and the intended use comply with the adopted Spring Prairie PUD. Conditions of approval for the preliminary plat will require subsequent development on the proposed lease site to comply with all of the provisions of the Spring Prairie PUD as amended. H. Compliance with the Subdivision Regulations The preliminary plat appears to be in substantial compliance with the State and City Subdivision Regulations. Staff recommends that the Kalispell City Planning Board adopt staff report #KPP-06-11 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: 1. That the development of this site will be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted_ in December 2001 as amended. (Spring Prairie PUD). , 2. That the access road e subdivision shall be designed and constructed in accordance with the adopted Design and Construction Standards for the City of 3Le,�, Kalispell. (Kalispell Sub. Regs. Section 3.01 & 3.09A). 3. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). IKPP-06-11 Page 6 of 7 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). 5. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell S b �1-��s. Sections 3.09, 3.11 - 6. feet of right-of-way shall be dedicated along Stillwater Road. This additienal-right-of-way shall be shown on the face of final lease site map. (Findings of Fact Section D) 7. Access directly from the lease site onto Stillwater Road is prohibited. (Findings of Fact Section D) 8. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003). b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003). 9. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 10. Development of an overall landscape plan addressing public and private street boulevards, street trees, perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the Kalispell Parks and Recreation Director and Kalispell Planning Department for approval in writing prior to installation. The plan shall address all PUD requirements. 11. The preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E)(7). #KPP-06-11 Page 7 of 7 City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED $1, 075.00 Major Subdivision (6 or more lots) $750 + $105/lot Mobile Home Parks & Campgrounds (6 or more spaces) $750 + $105/space Amended Preliminary Plat Amendment to Conditions Only $350 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublots Base fee + $105/lot Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision $950 + $125/lot SUBDIVISION NAME: Spring Prairie Mixed Professional One Applicant: Kalispell USFS, LLC, % Goldberg Properties, Inc. OWNERS) OF RECORD: Address: 195 W. 12th Ave., Denver, CO 80203 Phone: 303-759-8000 Contact Person: Steve Lorch Name State of MT, Dept of Natural Resources & Conservation phone 406-751-2274 Mailing Address 2250 U.S. Highway 93 North City Kalispell State MT 59901 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address Michael W. Fraser, Engineer, TD&H, 31 Three Mile Drive, Kalispell, MT Name & Address Richard J. Swan, Surveyor, TD&H, 31 Three Mile Drive, Kalispell, MT Name & Address LEGAL DESCRIPTION OF PROPERTY: Property Address Stillwater Road Assessor's Tract No(s) E000703 Lot No(s) 5 1/4 SecSW/4 of NW/4 Section 36 Township 29N Range 22W GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 1 Total Acreage in Subdivision 5.35 Total Acreage in Lots 4.24 Minimum Size of Lots or Spaces 4.24 Total Acreage in Streets or Roads 1.11 Maximum Size of Lots or Spaces 4.24 Total Acreage in Parks, Open Spaces and/or Common Areas N/A 1 Single Family Townhouse _ Duplex Apartment Commercial X Industrial Condominium Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development Other APPLICABLE ZONING DESIGNATION & DISTRICT Mixed Use Professional / PUD Section 36 ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $440,000.00 ($2.50/SF) Roads: Gravel Paved X Curb X Gutter X Sidewalks X Alleys Other Water System: Individual Multiple User Neighborhood Public X Other Sewer System: Individual Multiple User Neighborhood Public X Other Other Utilities: Cable TV X Telephone X Electric X Gas X Other Solid Waste: Home Pick Up Central Storage Contract Hauler X Owner Haul Mail Delivery: Central X Individual School District: #5. Kalispell Fire Protection: Hydrants X Tanker Recharge Fire District: Kalispell Drainage System: Curb and Gutter to swale and dry wells PROPOSED EROSION/SEDIMENTATION CONTROL: Best Management Practices VARIANCES: ARE ANY VARIANCES REQUESTED? No (yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP: EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS REGULATIONS: 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2. Will the variance cause a substantial increase in public costs? 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? S. What other conditions are unique to this property that create the need for a variance? 3 The subdivider shall submit a complete application addressing items below to the Kalispell Planning Department at least thirty five (35) days prior to the date of the Planning Board meeting at which it will be heard. Preliminary plat application. 2. 10 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (see example below and attached notice from County Plat Room): Assessor# Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address 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 untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. (A hunt) (Date) W mm BMW 61 541 57� 58 F� 60 7BA 5 55156 1 59 51 4948iAlt 46' 1 f #4 COUN, AG 35 -.13B -371 1 39, 0 -80 WVo —TDA—A R 34 - Z7 !B6 ja4 122 7DA a 321 29� '20 19 17 7EA J 16 3 ----- — — I 14 7E A 5,4 13 I t3 I A a W= ��A WSW ME ANAM MANN ra Subjectj Glacier High 3 School COUNTY AG-80 WVO VICINITY MAP SCALE 1" 700'! KALISPELL USFS, LLC/GOLDBERG PROPERTIES, INC. PRELIMINARY PLAT SPRING PRAIRIE MIXED PROFESSIONAL ONE A 1 LOT SUBDIVISIONACRES IN THE R�5/ SPRING PRAIRIE PLANNED UNIT DEVELOPMENT PLOT DATE 8/10/06 FILEV KPP-06-11 City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 MM• kpp jkj TO: Kalispell City Staff Other Interested Parties Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com FROM: Sean Conrad, Senior Planner RE: August 17th Site Review Committee meeting DATE: August 15, 2006 The proposed preliminary plat request is scheduled to go before the Kalispell City Planning Board on September 19th. A request from Goldberg Properties, LLC on behalf of the US Forest Service to lease a 5.35 acre parcel from the Department of Natural Resources and Conversation in order to construct a US Forest Service office. The proposed lease site is south of the new high school under construction at the intersection of West Reserve Drive and Stillwater Road. The lease site is located in the NW 1/4 of the NW 1/4 of Section 36, Township 29 North, Range 22 West. The area of the lease site is zoned R-5/PUD (Residential - Professional Office/Planned Unit Development) If you need additional information regarding the above proposals please call me. Any. comments on the above projects should be in to the Planning Department by September 5a1. The Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the Building Department located at 248 - 3rd Avenue, East in Kalispell. Thank you for taking the time to review and comment. c: w/attachments: Brent Christopherson, Fire Dept. Mike Baker, Parks and Rec James Patrick, City Manager P.J. Sorensen, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jim Hansz, Public Works Director Mark Crowley, Construction Manager Sandy Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney DNRC, Attn Steve Lorch c: w/o attachments: Applicants 1, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners a!4joinin the property lines of the property that is requesting a preliminary plat. Date: % Goldberg Properties, Inc. 195 West 12th Avenue Denver, CO 80203 DNRC Attn:Steve Lorch Thomas,Dean & Hoskins Three31 Drive,- 101 Kalispell, MT 59901 F4V11- illilli[ % Kalispell USFS, LLC DNRC %Goldberg Properties, Inc. Attn: Steve Lorch 31 Thomas, Dean &Hoskins 195 W. 12'h Avenue 2250 US Highway 93 North Three Mile Drive K Denver, CO 80203 Kalispell, MT 59901 Kalispell, MT 59901 Owl Corporation Mountain View, LP Inland Western Kalsipell Mtn View 136 River View Drive 2121 Sage, Ste 290 2901 Butterfield Road Kalispell, MT 59901 Houston, TX 77056 Oak Brook, IL 60523 Thunderbird Associates, Inc. Rocky Mountain Bank Hill°field Holding Montana, LLC 2244 Darwin Circle 2615 King Avenue W AD /°IHOP/Quantum Office Henderson, NV 89014 Billings, MT 59102 138 E 12300 S #C185 Draper, UT 84020 Mark & Angela Rhodes Nolan Holdings, LLC Buena Vista, LLC 2490 US Hwy 93 N 607 Dakota Avenue 21 Eagle Crest Court Kalispell, MT 59901 Whitefish, MT 59937 Kalispell, MT 59901 Ronald & Carla Davis DSH Properties, LP Dwayne Druckenmiller 208 S Bay Country P.O. Box 6200 391 Stillwater Road Wichita, KS 67235 Coeur D' Alene, ID 83816 Kalispell, MT 59901 Anita Hamilton Larry & Judy Rigler Dawn Chase Carolyn O'Neil P.O. Box 10 342 Harrison Blvd 338 Harrison Blvd West Bend, IA 50597 Kalispell, MT 59901 Kalispell, MT 59901 Melissa Beck Grosswiler Dairy, Inc. W W E E, LLC 344 Harrison Blvd P.O. Box 952 690 N. Meridian #210 Kalispell, MT 59901 Kalispell, MT 59903-0952 Kalispell, MT 59901 Country Estates Anna Glenn Berakiah, LLC P.O. Box 7031 P.O. Box 2696 1794 Columbia Falls Stage Kalispell, MT 59904 Kalispell, MT 59903-2696 Columbia Falls, MT 59912 Hutton Ranch Plaza Assoc., LLC Jean Larson Q-Tip Trust AD%Measure, Etal Vernon &Thelma Johnson AD%FIB Trust Department P.O. Box 918 109 Palmer Drive Kalispell, MT 59901 P.O. Box 7130 Kalispell, MT 59903-0918 Kalispell, MT 59904 Hollister Larson Rev Living Trust Mark & Barbara Miller/Sharon AD%FIB Trust Department Stevens -Wulf Eisinger Properties, LLC P.O. Box 7130 AD%FIB Trust Dept, Box 7130 107 Old Highway South Kalispell, MT 59904 Kalispell, MT 59904 Somers, MT 59932 Patrick & Jacquelyn McGregor Ronald & Christine Noe James & Suzan Waggener 146 Arbour Drive 150 Arbour Drive 154 Arbour Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Todd & Jonene Bernhardt Robert & Laurie Kollmann Leslie Goo 158 Arbour Drive 162 Arbour Drive 166 Arbour Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Eric & Lauretta Rozell Steven & Linda Reynolds Ronald & Susan McKoy 170 Arbour Drive 174 Arbour Drive 178 Arbour Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 James & Shirlene Caraway James & Sharon Perkins Joseph & Karen Nelson, Jr. 182 Arbour Drive 103 Ranch Road 100 Ranch Road Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Jacob & Elizabeth Andersen Brian & Angie Harris Anthony & Kimberly Araiz 194 Arbour Drive P.O. Box 8031 202 Arbour Drive Kalispell, MT 59901 Kalispell, MT 59904 Kalispell, MT 59901 Cheryl & Rand Stahlberg Thomas & Wanida Noreen Gary Cockerill 206 Arbour Drive 210 Arbour Drive Jennifer Sandy Kalispell, MT 59901 Kalispell, MT 59901 214 Arbour Drive Kalispell, MT 59901 Flathead Utility Co. MGS Partnership James & Janet Nielsen 2191 — 3rd Avenue East P.O. Box 3356 837 Parkway Drive Kalispell, MT 59901 Missoula, MT 59806 Kalispell, MT 59901 Helena Springs Flathead Valley Community College Patti Everett 5150 SW Griffin Drive 777 Grandview Drive Linda Rowlette Beaverton, OR 97005 Kalispell, MT 59901 1344 Helena Flats Road Kalispell, MT 59901 Flathead County Commissioners MDT Valley View Congregation ofJehovah's Witness 800 South Main Street P.O. Box 201001 760 — 5d' Avenue WN Kalispell, MT 59901 Helena, MT 59620 Kalispell, MT 59901 City of Kalispell Montana Dept. of Highways Flathead Electric Coop, Inc. Attn: City Clerk Mark Johnson 2701 Prospect P.O. Box 1997 Helena, MT 59601 2510 US Hwy 2 West Kalispell, MT 59903 Kalispell, MT 59901 Glacier Meadows, LLC 245 E Warm Springs #108 Las Vegas, NV 89119 Delores Stroh, Comp. Spec. DOR, Liquor Licensing P.O. Box 1712 Helena, MT 59604-1712 Jeff Harris Flathead County Planning & Zoning 1035 First Avenue West Kalispell, MT 59901 Don Hines Flathead County Planning Board P.O. Box 2721 Kalispell, MT 59903-2721 No. 10980 3. A request from Ap- pex 1, LLC, for annexa- NG i ICE R ' UBLIC tion. initial zoning. nian- HEARING ned unit developm nt KALISPELL CITY (PUD) and prelirninar,, PLANNING BOARD plat approval of Cottage AND ZONING Gardens on a 10.75 COMMISSION acre property. The own- SEPTEMBER 19, er is requesting annexa- 2006 tion into the City of Ka - (This meeting is being lispell with the R-2 (Sin - held the 3rd Tuesday of gle Family Residential) the month for the Sep- zoning district. The own- tember meeting only) er is also requesting a ' PUD zoning district on �rhe regular meeting of the property to allow re - Kalispell City Plan- duced lot sizes in the R- ning Board and Zoning 2 zoning district and a Commission is sched- preliminary plat to cre- uled for Tuesday, Sep- ate 44 lots ranging in tember 19. 2006 begin- size from 2,900 net ning at 7:00 PM in the square feet to 4,600 net Kalispell City Council square feet. The proper - Chambers, Kalispell ty is currently zoned City Hall, 312 First Ave- County AG-80 and is lo- nue East, Kalispell. The cated on the north side planning board will hold of Three Mile Drive ap- a public hearing and proximately 1,000 feet take public comments west of the intersection on the following agenda of Meadows Lane and items. The Board will Three Mile Drive. There make a recommenda- is an existing house on tion to the Kalispell City the property addressed Council who will take fi- as E,75 Three Mile nal action. Drive. The property can 1. A request from be legally described as q Tract 1 of Certificate of Goldberg Properties, Survey 9981, located in LLC on behalf of the US the SW 1/4 and SE 1/4 Forest Service to lease of Section 27, Township a 5.35 acre parcel from 28 North, Range 22 the Department of Natu- West. ral Resources and Con- versation in order to 4. A request from construct a US Forest Sharon DeMeester, Pa - Service office. The pro- per Chase Copy Center posed lease site is to amend Section south of the new high 27 24.070 through school under construc- 27 24.100 of the Kalis- tion at the intersection pell Zoning Ordinance of West Reserve Drive specifically to amend and Stillwater Road. the sign area allowance The lease site is located and allocation of signs in the NW 1/4 of the NW in the B-1 Neighborhood 1i4 of Section 36, Town- Buffer Zone by allowing ship 29 North, Range 22 signage to be assessed West. The area of the on the front footage ba- lease site is zoned R- sis of a building as used 5/PUD (Residential -Pro- in other B zones as op- fessional Office/Planned posed to a set square Unit Development) footage for each use or group of uses regard- 2. A request from Lisa less of the size or inten- Wade for annexation sity of the use. In addi- and initial zoning of RA- tion, this same alloca- 1 (Low Density Resi- tion concept is proposed dential Apartment) on a for other non-B (Busi- portion of a 0.49 acre ness) zones as well. oroperty located at 1615 5th Ave East. The own- 5. A request by the er .s also requesting a City of Kalispell to ;onr,itional use permit to amend Sections construct a four-plex 2 7. 1 4. 0 3 0( 5) ana two five-plex units 2 7. 1 5. 0 3 0( 3) on the property in the 2 - . 1 6 . 0 3 0 ( 8 ) annexation and initial 27.17.030(4) and quest and the 27 18.030(7) of the Ka- =rry immedia!e!y lispell Zoning Ordi- �orin. The two proper- nonce. -The -'amendment ues are located along is'intehdr=3 to review the rth Av- East at 1613 300 foot setback for ca- and 1615 5th Ave. East sinos from churches, and total approximately schools, parks, residen- one-acre in size. The tial zones, and other ca- ::f and can be de- sinos. The current text scribed as assessor's requires the 300 foot tracts 5-3 and 5-3A lo- setback for casinos from caied in Section 17, churches, schools, Larks, rer-sidenral es. 21':East. <aiis and other casir.:. measured from STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION line to property line. The City is considering amending the zoning code to maintain the re- quirement' for a condi- tional use permit but ei- ther: decrease or elimi- nate the 300 foot set- back requirement. Documents pertaining to -the: agenda. items are orrf wfor public inspec- tian- at. the Kalispell Planning Department, 17 Second Street` East, Suite 211, Kalispell, MT 59901, and are availa- ble for public review during regular office hours. C S SCHULDHEISS BEING DULY encouraged to attend SWORN, DEPOSES AND SAYS: THAT SHE IS THE the hearing .and make their views and con- LEGAL CLERK OF THE DAILY INTER LAKE A cernsthe Board. knoW ritten ocom- DAILY NEWSPAPER OF GENERAL CIRCULATION meats may be.submit- 'ted to the Kalispell Plan - PRINTED AND PUBLISHED IN THE CITY OF ning Department at the KALISPELL, IN THE COUNTY OF FLATHEAD, ior to' the dae�tlofrthe'hearing, STATE OF MONTANA, AND THAT NO. 10980 (4 6) 751 may -call or eat mail us at planning@ka- LEGAL ADVERTISMENT WAS tfor additional in ormain PRINTED AND PUBLISHED IN THE REGULAR ANI:. /s/Thomas R..lentz. ENTIRE ISSUE OF SAID PAPER AND IN EACH ANI' Tbomas R..Jentz .Planning Director EVERY COPY THEREOF ON THE DATES OF SEPTEMBER 3, 2006 September 3, 2006. AND THE RATE CHARGED FOR THE 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 FOR THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to. Before me this SEPTEMBER 5, 2006' Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/11/09 i i PRELIMINARY PLAT OF SPRING PRAIRIE MIXED PROFESSIONAL ONE LOCATED IN NW 1/4 OF THE NW 1/4 OF SECTION 36, T.29N, R.22W., P.M.M., FLATHEAD COUNTY, MONTANA VICINITY MAP, EXISTING CONDITIONS, LOT LAYOUT & DIMESIONS r VICINITY MAP LEGEND rxovurc a x rauxo s/b� xraw w/cw sszs �s 6 fio°wurv�waecT mua %=r —IR o� xcxr-ob wAr Ib° obcuabol _ E Mb� ___sII mA,�c"esxs 5n. ix,bxaas 0 �/fib roaG ® sbeemx wxxce -5- "WEST RE RVEDRIVE— \L II B I, �1 ill t VRl�H - l � 1r \S�UBJFCT.,TRACT,\ L j kl fl LI �1 4 i6W '211 �- N L` S10. SCALEI CURVE TABLE AREA TABLE ROAO 1.11 AC TOTAL 4.24 AC 6d5 AC SHEET 1 OF 3 °.xRsT.,. xxrxxw PRELIMINARY PLAT OF SPRING PRAIRIE MIXED PROFESSIONAL ONE uR LOCATED IN NW 1/4 OF THE NW 114 OF SECTION 36, T.29N., R.22W., P.M.M., FLATHEAD COUNTY, MONTANA GENERAL LAYOUT & UTILITIES WEST RESERVE ERNE SUBDIVISION FEATURES UTILITIES LEGEND hm ncsc�eym axorsxry nw- muxo s/e• xcaev w/cw aszs n P muxwarPpsuaccr men — — — — rniwnaxx°ao vxa°-w-wrr (m• xa.wm) —% Dl u— u)xrwrc cws II �x�Rc scx�� ® scnnu com�ER ® a� s[o eunou�c5r°Ucnn[ /�—a—a- �'.. uVuxlPU MulSS / SHEET 2 OF 3 PRELIMINARY PLAT OF �aIn, Wt&° 1. SPRING PRAIRIE MIXED PROFESSIONAL ONE LOCATED IN NW 7/4 OF THE NW 1/4 OF SECTION 36, T.29N., R.22W., P.M.M., FLATHEAD COUNTY, MONTANA OVERALL GRADING - DRAINAGE & ROAD LEGEND _w 8 Pa-aM I cgs I �wlll I� �II ±fM1r C'C � ______ . ___ w ___ malmxauwwMG vxxT w/°Rrwtit I ICI I�I IIII ,II1, _._._._._._._ °am oxsMuumuxmxm DRAINAGE SWALE I I slmvux ar(z uns) saaw.w cuae x cu,rtel snccr sv°-°nsz ,tea c _ e cur¢x TYPICAL ROAD SECTION SHEET 3 OF 3