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15. Resolution 5143 - Revised Preliminary Plat - Heritage Bank Lease SiteCity of Kalispell Planning Department Street East, Suite ' , Kalispell. Montana 59901 Telephone: 6 -85 Fax:751-1858 Webs-: kabg.arn REPORT Kalispell Mayor are. City Council FROG: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: : Revise. Preliminary Plat Approval for the Heritage Bank Lease Site 'MEETING ATE .gust 21, 2006 BACKGROUND: The Planning Department has received an . application for a revised preliminary plat approval from TD&,H Engineering on behalf of Red Lion Hotels Limited Partnership and GVD Commercial merclal Properties, lacy for the approval of a lease site within. the Kalispell Center Mali. parking lot. The lease site is located M the parkm*g lot serving the lied Lion Hotel located at 2 North Mam' Street M Kalispell. The property is approximately 0.76 of an acre in size and is located in the S 1/2 of the SE V4 of Section 7, Township 28 North, Range 21 West, P. M, M. , Flathead County, Montana. na.. The property is zone - , Central Business. This zoning district does not have a mira,mum lot width requirement ent r lot size requirement. Pursuant to section. 27.22.060 of the Kalispell Zoning Ordinance, the B-4 zoning district permits more than one structure housing a permitted use on a single lot or tract of lard. The proposed lease site would accommodate the construction of a bank. Barks are permitted uses within the B-4 zoningdistrict pursuant to section. 2 '.1 . 2 5) of the Kalispell Zoning; Ordinance. Chapter 4 of the Ka .is eU Subdivision Regulations require any tract of land being divided for the purpose of renting or leasing a portion thereof to go through the subdivision review process. In this particular case the Kalispell. Center Mall will be constructing a. building on their property. erltage Bark will subsequently be leasing the buildm4g and adjacent parking area from the Kalispell Center Mall. Our office waived the preliminary plat on June 30, 2006 subject to five conditions because It has been found that the subdivision can meet the criteria for preliminary plat approval walver criteria as outlined in Section 2.06 of the Ka .s ell Subdivision Regulations. Revised Preliminary Plat ' r the Heritage Bank Lease Site August 10, 2006 Page 2 Findings of fact for approval of the lease site are f a� attached staff report KWP- -5 which review the conditions of approval and how they have been met. RECTION: A motion to adopt the findings of fact in the staff report KWP--5 are.d approval of t.e resolution to create the lease site would be in order. FISCAL EFFECTS: Potentially rm' n r posifive effects. AL' `ERN . MES: As suggested by the city council. Report compiled. August 11, 2006 c: Theresa White, Kalispell City Clerk attachments: Transmittal letter and application Staff report KWP-06-5 Revised Preliminary Plat Z: D e KWP\2006 \KWP06-5 MEMO.DOC 2 RESOLUTION 5143 A. RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF THE HERITAGE BANK LEASE SITE, LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER O SECTION 7. TOWNSHIP 28 NORTH, MANGE 21 WEST, P. I.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Red Lion Hotels Limited Partnership and GVD Commercial Properties, Inc., the owners f certain real property described above, has petitioned for approval Of the revised preliminary plat of said lease site, and WHEREAS, preliminary plat approval for this minor subdivision was waived on June 3 , 20, by the Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision. Regulations subject t0 five conditions, all of which have been met, and WHEREAS,, the proposed subdivision plat of said property is subject t0 the provisions of Section 2.0 (Preliminary Flat Process -Minor Subdivision -Preliminary a Plat Waiver), Subdivision Regulations Of the City Of Kalispell, and WHEREAS, Chapter 4 of the Kalispell Subdivision Regulations require any tract of land being divided for the purpose Of renting Or leasing a portion thereof be subject to subdivision review, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report KWPWO- to the City Council Of the City of Kalispell, said report considering the erite a set forth in Section -3 - 60 8 FICA, and recommends revised preliminary plat approval Of said lease site. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA. AS FOLLOWS: SECTION 1. That the Findings Of Pact contained in Kalispell Planning Department Repot #KWP-06-5 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of Red Lion Hotels and GVD Commercial Properties for revised preliminary plat approval of the Heritage Bank Lease Site in Section 7, Flathead County, Montana, is hereby approved. SECTION 111. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. PASSED .AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED Y THE MAYOR THIS 21 ST DAY OF AUGUST, 2006. ATTEST: Theresa. White City Clerk Pamela B. Kennedy Mayor City of Kalispell Planning Department T'd Street East, Suite . Kalispell., Mona 59901 Telephone:751-1850 Fax:-88 August 15, 2006 Jaines H. Patrick, City Manager City of Kalispell P. . Box 1997 Kalispell, MT 53 RE: Revised Preliminary Plat Approval for the Heritage Bank Lease Site Dear Mr.Patrick: Our office has received are application for a revised re .i.l=' ary plat approval from TD&H Engir eeri .g on behalf .f f Red Lion Hotels Limited Partnership and GV Commercial Properties, erties, Inc. for the approval of a lease site within the Kalispell Center Mall parking lot. The lease site is located in the parking lot serving the Red Lion Hotel located at 2 North Main Street in Kalispell. The propel is approximately .'7 f an acre in size and is located in the S 1/ f the SE 1/4 of Section 7, Township 28 North, Range 2 West, . M. M. , Flathead County, Montana. The property is zoned - , Central Business. This zor ng district does not have a. minim um lot width re irer ent r lot �zre rer er�t. �r a t section 27.22.060 of the Kalispell Zoning Ordinance, the B-4 zoning district ict ermit more than one structure housing a permitted use on a single lot or tract of land, The proposed lease site would accommodate the construction f a bank. Banks are errr fitted uses within the B-4 zoning district pursuant t 1. section 2 ., 2 5) of the Kalispell Zoning Ordinance. Our office waived the reli.rm'nary plat on June 30, 2006 subject to five conditions because it has been found that the subdivision can meet the criteria for relirriinary plat approval waiver criteria as .thned in Section 2.06 f the Kalispell ell Subdivision Regulations. Specifically, it can be found that the following conditions exist: .. The plat contains n five or fewer lots. 2. There is no lic dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. . Each lit has a suitable building site and there are no environmental hazards present. Revised Preliminary Plat for the Heritage Bark Lease Site August 15, 2006 Page 2 . Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision -egulations and current zoning regulations. s. 7. No significant cart effects are anticipated on agriculture and agricultural waiter user facilities, local services, the natural environment, wildlife e and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt Endings of fact for approval found in attached staff report KW - - 5 concurrent with the revised r a i d plat approval. The foUowi g is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plat is in substantial star tial compliance ce with the preliminary plat that was waived,. This condition has been reset. The lease site is substantially complies with the preliminary plat lease site that was waived. Condition No. 2. That the Montana Department of Transportation(MDT) shall be contacted and a letter from MDT be provided to the Planning Department stating MDT approves of the change in use of the existing access located within the lease site onto Highway 93 (Main Street) This condition has been met. A letter from. Clay Colby, Maintenance Superintendent for the Montana Department of Transportation, states that the change of use at the approach into the lease site has been reviewed and approved. No changes were necessary to the existing approach, Condition No, 3., Provide evidence that cross easements have been established between the lease site and the Center Mall for the use of parking; spaces and . r aisles. This condition on has been met. A note on the revised rel mm' ary plait states that parking is shared ire common with all tenants, this would. Melude the parking drive a -isles. Condition No. 4. Provide a sidewalk connection plan to the Kalispell Public Works Department artment which connects the existing pedestrian sidewalk along Main Street to Heritage Bank. Said plan shall be reviewed and approved by the Public Works Department t and installed prior to finial plat. Revised Preliminary Plat for the Heri a e Bank Lease site August 15, 2006 Page 3 This condition as been met. The Kalispell Public Works Department has reviewed and approved a. sidewalk connection plan from the lease site to the pedestrian sidewalk along Mam Street. Condition No. 5. This waiver of preliminary plat approval is valid for three years and shall expire on June 2, 2009. This condition has been met. The final . plat was submitted prior to expiration of the waiver. COMPLIANCE WITH APPROVED PRELIARNARY PLAT The revised preliminary plat is in substantial compliance with the prefu*ninary plat which was reviewed and approved.. C CE WITH THE SUBS ' REGULA NS: �S This preliminary plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLUNCE THE ZONENG REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the - , Central Business, zoning es g .at n assigned to the property. REC ICAE, '' T: All of the conditions of prelirmffiary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KW--5 as findings of fact and approve the revised preliminary plat for the lease site, Please schedule this ratter for the next regular city council retire.g of august 1, 2006. You may call me at (406) 751-1852 if you have any questions regarding this subdivision, Sincerely, I Sean Conrad Senior Planner SC 3 Revised Prelim. -nary Plat for the Heritage Bark Lease Site August 15, 2006 Page Attachments: Vicinity map 1 paper copy 11 x 17 reduced copy Staff Report KW-o -5 Letter from TD&H Engineering Final plat application Letter from. lannm' Department for pre plat waiver dated 6/30/06 Letter from MOOT dated 1 o w a tach ent : '`Theresa White, Kalil e . City Clerk e w/o attachments: Red Lion Hotels Limited Partnership c/o Tom MKeman 201 West North River Drive Soave, WA 99201 GVD Commercial Properties, Inc. o Gerry Dicker 1106 West 9thAvenue South Spokane, WA 99204 D&H 31 Three Mile Drive Suite 10 1 Kalispell, MT 59901 Z. \FRDO\ Reports\ KWP\2006 \ KWP06-5 Itr.DOC HERITAGE BANK LEASE SITE KALISPELL PLANNING DEPARTMENT STAFF REPORT KWP- -5 REVIEW AND FUMENGS of FACT AUGUST 10, 2006 This is a report to the Kalispell City Council for findings of fact for a commercial lease site located at the Kalispell Center Mall. 'relimm' ary plat approval for the lease site was waived on June 30, 2006 based on 5 conditions. BACKGROUND: This is a su divi-sion which would create a. lease site approximately 0.76 of are acre in size on the east side of the Kalispell Center Mai site. The lease site would accommodate construction of the Heritage Bank building and associated parking and drive through bark aisles. Chapter 4 of the Kahspell Subdivision Regulations require any tract of land heir . divided for the purpose of renting or leasac � a portion thereof to go dough the subdivision review process. In this particular case the Kalispell. Center MaU will be constructing a building on their property. Her'ta e Bark wiR subsequently he leasing the building and adjacent parking area from. the Kalispell center Mall. The plying Department waived the preliminary plat requirements for a public hearing in a letter dated. June 30, 2006 to TD&H Er gineera.r . If the Council elects to approve the lease site, the lease site area will not he recorded with the Co my rather a revised preliminary plat showing the lease area will be on file with the Planning Department. A, Applicant: Red Lion Hotels Limited Partnership c/o Tom McKeiman 201 West North River Drive Spokane, WA 99201 (509) 77-33 GVD Commercial Properties, Inc. c/o Gem Dicker 1106 West 9thAvenue South Spokane, WA 99204 (509) 53-o5 Technical Assistance: TD&H 3 1 Three Mile Drive Suite Kalispell., MT 59901 (406) 5 -52 B, Location: The lease site is located in the parking lot seryingthe Red Lion. Hotel located at 20 North. Main Street in Kalispell. The property is approximately 0.76 of an acre in size and is located in the S 1 of the SE 1A o I Section T, Township 28 forth, Range 21 west, P.M.M., Flathead County, ty, Montana. �. Size: Total area: 0.76 of an acre (33,105 square feet) fisting and Adjacent Land Uses: The Propel is currently developed with the Kalispell Center Mail. An enclosed mad.l including a variety of retail stores and the Red Lion Hotel on the eastern end of the mall. Surrounding the mall site is a mixture of commercial and mdustrial uses. E. Zoning: The property is zoned - , Central Busmess. This zoning district does not have a minitnum lot width requirement or lot size requirement. ent. F, Relation to GroffPolicy: The propel is designated. as Corr mercia.l M the Kalispell Growth Policy 2020. The existing A zoning is consistent with. the Commercial land use designation* G, Untis: Water and. Serer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell `lathea.d. Electric Coop C e .t ryTel Northwest Energy School District 5, Kalispell City of Kalispell City of Kalispell REVEEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision divisior in accordance with statutory criteria and the Kalispell. Subdivision Regulations. A. Effects Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district, A fire hydrant will be located along the southern edge of the lease site, adjacent to the access driveway serving the Red. Lion Hotel. The site is level and is not in or near a designated 100 year flood plain nor is it subject to slope failure, subsidence or severe erosion. B. Effects on Wildlifeand Wildlife Habitat: The subdivision is not mapped in big game habitat winter range and does not provide habitat to significant .life. C, Effects on the Natural Environment: The subdivision will be serve. by City of Kalispell water and sewer rm*rfimizig impacts to groundwater. Any impacts on the natural environment related to this subdivision will be sigmf .cant. D , Effects Local Ste: Sever and Water: The City of Ka.lis e . WIll provide water and sewer service to the property. There are e).sti g grater and serer mains within the Kalispell Center Mal site which wiH be extended to the lease site. Access and Roads: access to the lease site will be provider) by are existing approach. onto South. Ma�r� Street (Highway 93). The lessee of the site has also been granted cross easements for parking and access from. the Kalispell Center Mall arkm' g and access driveways located to the south of the lease site. Sidewalks•. There is an existing sidewalk along South Main Street with sidewalks proposed along the access d ve ray serving the Red Lion Hotel, As a condition of approval for the rell-urinary plat the owners were required to make a. sidewalk connection from the lease site east to the sidewalks along South Main Street. Schools: This property is within the ou larles of School District 5, Kalispell. This is a commercial subdivision and will not have any impacts to the school district. Parks; Parkland dedication is not required for commercial subdivisions pursuant to section 3,19.B of the Kalispell Subdivision Regulations, PoliceProtection: The property is served by the Kalispell Police Department. It is not anticipated a.te that this subdivision will not significantly impact the service provided by the police department. "ire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional al impacts to fire service. Refuse Disposal: No sigaifica t increased i� a.cts can be anticipated as a result of the proposed lease site. Medical Services: Emergency medical service is provided by the Kalispell. Regional Medical Center-, Ambulance and Life Flight services are also available. E. Effects on Agriculture: This subdivision is in the urban. area of Kalispell and the area hasbeen developed to an urban density. This property has not been used for agricultural purposes in the past are.d future commercial development will have no effect on a .cultural activities �r� the Valley. F, Compliance with the Kalispell Subdivision Relations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived e eca .se it meets the waiver er criteria provided for under Section 2.06 of the regulations s whichr�clu e the foflovin : the plat contains five or fewer lots, 2 there is no public dedication of streets or public r private p arkl and , 3 all lots have legal and physical access conforming to these regulations, each. lot has a suitable uil m' site and there are no environmental .a ar s present, 5 municipal water and sewer are adequate and in place, the subdivision complies with these regulations and zoning . regulations, there are no significant effects anticipated on agnculture and. agricultural water user facihties, local services, the natural enviro=e .tal vMdlife and wildlife habitat and the public health and safety. This subdivision is M substantial .tial compliance with the Kalispell Subdivision Regulations. fir. Compliance with the Kalispell Zoning Ordinance: .e property is zoned - , Central Business. This zonmg district does not have a M lot width requirement or lot size requirement. Pursuant to section 27.22 r o o of the Kalispell Zoning Ordinance, the B-4 zoningdistrict permits more than one structure housing a permitted use on a simile lot or tract of lard. The proposed lease site would accommodate the construction of a bank. Banks are permitted uses within the B-4 zoning district pursuant to section 2 .1. . 2 5 of the Kalispell Zoning r ffiance. RIECNOWNI . ' I N Staff recommends that the Kalispell City Council adopt Staff Report KWP- - 5 as and s-of `act for the proposed subdivision and approve the revised reii mary plat. titled He�tage Bank Lease Site. sc Z:\FRDO\Reports\KWP\2006\KWP06-5Heritage Bank.DOC 199 CD 'A 4�j!g fir» _j rit � tif' . La i 11% -3 V E jwl Il d € ry N tj ' p :FU R3 rr fit �'., . .. M •a� � � .y �� #� � � is a7 s '�' � �: .� �'� — .. yy� � �-} ... .... tj i no IS :Y :C 3: b yyL� ' •�q �ii9 � ,h .yam �pp� ,: ... / � � �. � sray xA:� tZI FO �ryy 1 Lam. 1 5 V G co [ } +ro _ L1 3 3 w3 Ana: rL I Fes• 4 . L% . . �G a § �y } FU tz Fyl 2� I I . G � r m, _ ...... gl'gCD x F-0 � Fv r rn O �. �, 0 z i { m •�, n ., M. '.co x�nI oil g s� sit Rols.0 lon jmwL� t7l iu 4m9 y! Y' IMT �rlotj 3' wY �h Q O � 3 n'k z all 1- :a 2 (0i 49 .. Yflt3 vx g� � �Ew rn cn nm 0 t7m, z I iC -n i I I c m _0 00 a I I i "w Z MO I � I I 00 (OZ yI �fl �y I �J , Q µ I c I�j s IM I � i August 8, 200 Hand Delivered Sean Conrad, Senior Planner City of Kalispell Planning Department 7 — 2nd Street East, Suite 211 Katispell, MT 5990 Re: Heritage Bank Lease Site Revised Preliminary Plat (Certificate of Compliance) Dear Mr. Conrad: Enclosed is the Revised Preliminary Plat (Certificate of Compliance) and the Final plat Application for the Heritage Bark Lease Site. Preliminary Plat vas waived o this site. The site is zoned -. The following attachments are part of this application: Final Plat Application Check in the amount o $70.00 2 uii size copies of the Revised Preliminary Fiat (Certificate of Compliance) One I I x 17 copy of the Revised Preliminary Plat (Certificate of Compliance) One I I x 17 copy of the Vi ini y .map )-e MDT Approval Letter The sidewalk connection ecti plan approval is forthcoming from the City of Kalispell Department o Public Works, Please contact me if you have any questions or reed anything further. Sincerely, THOMAS,, AN&H SKNS,fNLTC. w� Daniel J.P. Lo ar, P.E. J L-d pl K05-103-002 E .ci: Referenced Above Cc: Jim Page — LPW Steve Fert — Heritage Bank Gerry Dicker — GVD Commercial Properties Tom McKeirna — Red Lion Hotels Project Subdi i io . Nar.e : Contact erg: City of Kalispell Planning Department 1 - "d Street East, Suite 211, Kalispell, Montana 59901 Telephone - 4 6 5 1 - 18 5 Fax: 4 6 ' 5 -1 5 FINAL PLAT "PLICATION s; Owner & Mailing; Address. - Red Lion Hotels Limited Partnership GVD Commercial Properties, In o Tom M K i n /o Gerry Dicker 201 Wet North River Drive Spokane, WA 99201 Phone No- o - - 343 Date of Prehminary Flat . rova : 1106 West � Avenue South Spokane, WA 99204 Phone No: 5-3-35 TYPe of Subdivision: Residential �Industrial �Commercial X PU �Other Total Number of Lots in Subdivision Land iri Project (acres) t _L11 Parkland (acres) No. of Lots by TYpe � Cash -in -Lieu $ S le Family Townhouse Duplex Apartment Commercial Industrial Condominium Multi -Family Exempt Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property t"��t �� cxxnC� � -4�� sa 0� FILING FEE ATTACHED $ :7 (2.s: ..... Minor Subdivision with approved preliminary plat $400 $105/lot Major Subdivision with approved preliminary plat $650 + $105/lot Subdivisions with Waiver of Preliminaxy Plat $600 + $105/lot Subdivision Improvements Agreement $ 5 I Attached Not Applicable(MUST CHECK m-...X ............. ;health Department Certification. (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be aid. Consent(s) se .t s t o Plat(Origi als and notarized) Subdivision Improvements Agreement Attach collateral) 'arkland. Cash -in -Lieu . Check attached) Maintenance Agreement lars Plats:1 oaue OR 2 my 1 rylar copy 1 signed blelin.e bluelines 4 bl .ehnes, unsigned 11 X 17 Copy I IX 17 Copy *The Plat must be signed by all owners of record., the surveyor and the exar. MMg land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been reset. In cases where documentation is re i-re , such as an engineer's certificationState Department of Health certification, etc., original letters shall be submitted. itted. Blanket statements stating, for example, "all improvements are in lace" are not acceptable. A. complete final plant appheation must be submitted no less than 60 clays prior to expiration date of the Preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body, The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Charges to the approved preliminary plat may necessitate reconsideration by the planning board. 1 certify that all information ation. submitted is true, accurate and complete. l understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development ent process. NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accRmpan:Led with a digital copy. Owners Si .a e Date Owner(s) Signature Date digital copy of the final plat in a Drawing Interchange File XF format or are. AutoCAD file format, consisting of the following layers: 1, Exterior boon. airy of subdivision 2. Lot or park boundaries 3. Easements . Roads or rights -of -way way 5. A tie to either an testing subdivision corner or a. corner of the public land survey system 2 City of Kalispell Planning Department 17 Second Street East, Suite 2 11 Kalispell, Montana 59901 Telephone: 4 1-1 o Fax: 406) 751-1858 Wb1 : kalispellplanning.com .rye 3 , 2006 Dan Lozar 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 Re: Waiver of PreliminaryPlat Approval. - Heritage Bank Lease Site Dear an: This letter is in response to your request for waiver of preliminary plat for commercial lease site located within the parking lot of the Kalispell Center Mall adjacent to Ma.' Street. The .ease site i a ro�a.tely 37,600 s are feet in sizeand vhU be leased by Heritage Bank. The property is zoned B-4, Central Business, which p e=its banks and does not have a Tru'nimum lot size requirement. The proposed subdivision complies with the standards for the B-4 zoning. The preliminary approved lease site is that area shown on the attached map labeled exhibit A located within Section 7, Township 28 North, Range 21 West. Our office can fmd that the proposed subdivision meets the pre�.�� r plat waiver criteria as provided for under Section 2.06 o the Kalispell Subdivision Regulations. specifically it meets the following og cr'teria:(1)the subdivision contains five or fewer lots, . � ` (2) here is no dedication of streets or public or pn ate parkland, 3 that the lots have legal and physical access conformm' g to the s . division regulations, each lot has a suitable . ding site and here are no environmental hazards present; 5 munic'IP al sewer and gaiter are adequate ate and in place; that the subdivision eomphes with the subdivision and current zoning regulations, are.d (7) that here will be no significant impact on agriculture, a.g is .lt ral waiter users, local services or the natural enviro=et. Due to the relatively minor impacts that this subdivision poses, this office grants rehm� at app�rova. s ect to tie ollo�g conditions: ores p �p 1, That the mail pat is m substantial compliance with tie preliminary Ij plait that was ray.. . That the Montana Department of Transportation MDT s ..aLl be contacted and a. letter from MDT be provided to the planning Department stag MDT approves o Heritage Bank .ire -Flat Waiver June 3. 2006 Page- the change in use of the existing access located within the lease site onto Highway 93 (Maim Street). 3, Provide evidence that cross easements have been established between the lease site a. d. the Center Mail for the use of.parldng spaces and drive aisles. . Provide a sidewalk connection plan to the Kalispell Public Works Department which corrects the e�dsting pedestrian sidewalk along Mam Street to He to c Bank. Said plan. shall e reviewed and approved by the Public Works Department and installed prior to fmai plat. . This waiver of preliminary plat approval is valid for three gears and wiR expire on .e 27, Zoo , Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval all requirements rust be met per Chapters 2 and. 3 of the Kalispell Subdivision Regulations. if you have any questions regarding this matter please contact me.. Sincerely, Scar. Conrad Senior Planner CD 0 M,,-�S� � N > z < m m D Montane Department of Trqfl§pqrtqffqn iim.Lynch, Director Kalispell Area office 8%15 Fifth Avenue East North Po Box 7308 Kalispell, MT 59904--0308 July 1, 26 JUL Dan Lazar &H 1 Three Mile v, Suite 10 1 Kalispell, MT 59901 Subject: Am oachPermiS 93 MP 112.4 Dar, the change of use for the addition of Heritage Bank to the Propel accessed by the approach pennit issue. to WCH 805 LLC, (Kalispell Center Mall) dated 12 , has been reviewed and approved. Clay Co Maintenance Superintendent copies: Stephen L. Herzog Dens Oliver Area File Phone: (40) 751-2000 Are L ua, Opportunifty E-rArp yer 77Y., () W -i 9 Fox. 14 � 752-5767 Web Page: w . d f . t. o v Attachment for Westcoast Approaches: .22oo5 This permit is for reconstructing an existing approach at station 0+2 m_ The separated lanes will be reduced fro 2 ' to ' . The existing approach a 1810+66-04 m will remain the same. 2. Permittee or theme contractors are required to locate and move or protect all utilities and. encroachments currently bred on MDT right of way. I enntee o their contractorsare required i e o meet minimum signing and traffic control requirements while working on NMT n'ght of way* . Pen. ttee is responsible for any rocks, gravel, or dirt that is carfiedonto the roadway by this Construction. .. . New curbing, gutters, sidewalks, and paving must eonfonn to all MDT, ADS.., and any other applicable `edera standards, . For, it to be valid, all work must be completed and gMroved within Six months. Contact Cliff Steinmetz at ' 5 -2023 for the final 'inspection and approval signature, L A cu" Ll 10, Si�r�cL�cJ41 O4 T w T1 opt PJ ASHALC Lac .��r i SI EVAL PAYE ALLEY ME CARET 4# SjoEwALx - APRON CLIRi GUTTER L ATO SJ DE W - tl BOMEVAADtiRA� +►�{ APPROAC1 MINTkACTtw � 4# Sl OE WALKw. #' SIDE �K 4� SID #ALx .� uA TIE T A� L NG V SEE DTU 09C, M S 6 - i A 6 — FOR CUMFtUr PL AN WDELWS TIF ACCESS164LITY is i• € 1: S# ( 3 OF SWAY 40 VAA1 VOTH� V SE A TEV INSTALL MEFORNED EXPAAWDN'JOINT FILLEFL STAJOAFtD SK.. 7 T. 01, 3. AT ALL EXPANsiopo JONTS, FOR THE FULL T)JCXW.SS OF THE StOEWALPC AM USE AT ALL JOINTS KtWFm mEW CDKKTE SIDEVAtt AW STR TURES IN PLA . pFtEFWWjD EXPANSJON JOINT FILLER IS [NUDE[NaUDED IN THE T PMCE PER SMWtE 'YAM FOR.ATE SloEWALX. ALL JOINTS MAT BE STIWGKT AJO PERPiEpOCULAR TO THE CZMTERLINE MO T - SUWACE OF THE SIGEXtLK. WiERE PRACTICABLE* ALION ALL AINTS NTH L [E JOINTS IN ADJO[PdNG WM. trSE JOINTS TO OUrLINEALL PANELS IN THE SIDEWALK, WjCH A$M TO at. $0 FAR AS PMS 5LE* SOIAOME. T LEKTHS OF THE PAWLS AAE DE NEiD gy TW MOTH OF TME SID *IERE Ra T-OF- IFAT P TS, Ew ULT-S LESS THM S FEET # MOTH 1A,�"`THAVE A PASSIK AnA AT Ai'KXlWNSPAONG 200 FEET. Tw PASSi A sk IS A MMUM-OF S FEET ]BY S FEET IN WZE. TK MAMUM CRMS SLOPE OF THE S4oEwALjK IS so cx 1. LA iDM CUMCUFX CUTTER ?TE$ VV EXPANWON j*M Aft SHM DAR% FClt VISUAL COKTRACTION JO TS MAT -r I&E MOW TUa 3" WOE SOT LESS THM i imcm in DEPTH AND MAY BE CUT SY A GROM F 0ftW LATE EXPAbMCpt J014TS AT INTERViwLS EOLAL TO THE WAKST aXTIpLE OF THE COMACT10k JCKmT INTEltVAL.MJT NOT MATER T " 60 FEET. L14E A LOMMTUDINAL CONTRACTICM JOINT IN rW CENTERLIKE OF ALL SIOER&KS woElt THAN S FEET. REFERENCE0. T A MM SK SECTICk " - 05 CONCRETE SIDEWALK AW f TIP, # LB - PARALLEL SIG SADEIIALr. Gi $ I -A RAbF 41 RETAIWRG WALL LAMDIWG SLOK '"ERE x iS LEVEL PLANE SECTION A -A y _ W]. CRM S 5�1AVMeMOM FLOW LINE OF 1+ S # I SIALK T;;iNG S ETVALL c� //SEE 07L. OM XM ' 1 SECTION NEW CONSTRUCTION R O I W T. I. THE WW LEKTH OF TW LARMNG ( # AACVE) iS 5 FEET. THE DE9RABLE SLOPE FOR TW CLOM RA&pS 15 14 20 M FLATTER* THE WMKM G ;tAAdpSLWEIt ' .► TW WXMJW CMS SLCPE OF TME SI IDE #A K Ut L A K# S 1 s So (22 ?. 4_ THE SUWACE OF THE LAPORG IS TO a*TRAST MSMLY W N AOiCo is nkiC S101EVAL, S FAri�ES. E C".Al+I I TAI BY � G OKC� "�'E. PATTERN A TE � �. G� LW H THM. REQUIREMENTS FOR ALTERATIONS TO EXISTING FACILITIES; M WCKVER PMSIl- . ALTER EXISTING FAMITUES TO Cry uTw THE NEW G STRM' FED - ITS.. 1. T LENGTH THE � 1 IBEETET.. ON ' ASM I IS S FEIET. Ti K LANOMLENGTH THE WMKN CAM RAW SLOKIS I t I G* MtOMDED THE WSE C CH MEMU ON 3W ? IS ji IDS OR UE US. It 12 OR FLATTER SLCK IS DESip-WE, TW IXWJU CROSS SLUM W TW Sjoew&LK APO LAPONG IS 3i S# fZ21 SL . 4: THE SURFSE ACE OF THE LA IS T CONTRAST SLI LLY NTH THE �CXm%G PRIG Si ��+�5�. T S CAN � MOKG� TE. PATTEF04 THE A TE S AM . T R � �+ETS. . IWCRE DUSTING ViTE, DEVELOPWNT DTI P*0481T THE STFaCT "0 fULL CWKiAka OF ALL ADA TE FB A* OVI M ` ACCES&&LITY TO TW- MW KU EM XT FEAS4 SL E-. rESt TW COST OF TW- RETMWNG ML IS ILO tip TW Ulf T ft CE IN 0 FOR SAn -YAJMS OF COKRETE SI Mr,. GRI D (ice LEL/KR 'PUSLIC SIKWAJLX MM F S TO WEET THE G TERSA FOR BOTH TW. PAPALLEL AJQ PE P CULr1R ftWIC SIDEK&Lz CURS PJUNIS. (SEE OVAILE0 AUK mM SM-2S AND THS NUINWj, i REFERENCE DWG. NO, STAAM SKIS �� SECTKN sm PARALLEL PUBLIC SIDEWALK CLR8 RCS Fir' ECTIYEi �T �M k � i 1 XiL .00 4.10 -W ale W6 d CL � t � w s Vn jkm xW w or 0 • dc x } a 46- _ �- + 4L 4 w ` db AL . • . _ db FA Ab + .. „ -: 5 i * a � CONCRETE ` t' DEEP J0114T PL ACE 0 AT 10' ZKX I T XV S. CX07VE.S ARE =kTiMiOuS ON TmE top MMED SLWAa F E THE MOTH OF CUM AM CWTIER, LAY0011W CAB FOR APPRACM EMTRANCE 0 ' SL R OR CURS RAJA-. A. 4 V • `. FLO L ME q - V OR OTHERINSE • AS RCID : AREA TO BE PAINTED. IKII PAJIIT D CW8 IS WouREI). CURB & GuTTER SECTlok a 0. 044 C, Y. COK. PER 1. D" CURS FOR ` WTTEk J01kTS: to I I li INTURJkL WTK TIED VX OR P'LAal) A►CA#I T ( ) OTHER 3Clx7S: P40 TL ANO CE ME I(T COWCOWK TIE P MUE AiT P. C. C. P. I S"AFtATE TW CLM AM CUTTER FR0W AO.JA W MATCH TRAKSYERSE CONTRACTION N ,A►ND/M EXPk%mSjom JOINTS IN SIDEV .t AT NTS SEM *4 0TL. DIG. No. j,%_ 5 TW AN ACE XT P. C. C. P. SL A& If REARED. EXTEND 1/Z" WICCU J �� ' �� IN TIC t �FI�� XI�A S�Cr� �T #� ANDI�FORIw�� XPA�S?t�N �L�1rtT �.TELT T� � . �'�.� �F� �I41� QI1�T Ii�ATR� TTE't TIC S� MOTH AS TIE P. C. C. . PSLAB JCNNT. AT ALL Oft RETIE* j"jDM5, " INLETS A RE FILL C# AAA CUTTER x An JOWS WTI P FCC I I C A TER it A C A XP�C J i�T FILLEDE. (E) ALL OTHER CASES: t l USE PltEFWWD AWvJONT FILLER IWEETING SPACE CONTRACTION JCWTS lk CLOS AND GUTTER AT ID FT. THE W�WXTS CF STANVARCSPEC. 707. INT RVALS EXCEPT AS SPEC3FIED IN IA) AME. RADII: ICI CONTRACTION JCINTSX VNIIN CLM METUft RAW z 1 W. CONTRACTiOk .WI TS ARE 1 g• I. AND V MUL IN WDTK RAM Sift U ;C* STREET. FORM JOINTS ST SAWNG OR SCMNG TO A W11I" DEPTH OF OW jW-lH , FIB SC~OWG JCINTS BY A TOOL W#CH IMLL . LEAYE COW TE: *0JKM0 CMWRS AM OESTROY AGGREGATE .11NTCRLOCA TO A WPOMUW DEPTH OF OW tom. BLESS OTW-kmSE SPECIFtED, CONSTRUCT ATE CURn AID C*CW T'E 'PITEMAL CURB A JO 'GUTTER E TH CLASS- - COM3WTE € t P-MO EQUAL, OIL[ TITHES FOR ESTIMATING PURPOSES ONLy BITUIANOUS CURBS TACK CST CUM SECT]E'k I_ F T, OF I A L 0 L L WM ASW t # LINEAR~ FT, OF CURB, TES: WEN CLft IS USED IN COMiLWTION IlTm THE C014TRACTOR MAT USE EftKR S C TIM CCW!ICI ALL MATERIALS AJO ConT'MXTuM TO THE STAWARD SPECIFICATIOn F i Im TLIIIS CUM a I« . TACK CT CUFS SECTKIM +.+.�. FT. err' �.�-rA LIL MAKE S LINEAAFT, OF Cam, # A IC.)RAWNG IREFERENCE' W(;# STA)VAM SC. SCT1 'ASCELLANEOUS CUR13S EFF CTIVEf �T € 'fir �! fJ�"11rd` I t v Llk fo'"- A ft— .�— . . , - --'' t . BR A x PERPE�OCULAR PUSLIC SIDEWALA CURS RAC s %.P4 Qld 10ic x SL OK it ; T WfRE x 4S A LEVEL PLAAC FLCM LINE ZLAYDOWN CURB STREET SECTION A -A SEE DTL. € OG, 40. �# � T T[ I MEND 1. TWE DESIRABLE MOTH OF THE CUFta RAUP [I SI *V x8ovEl IS 4 FEET OR WD k THE IA WW 91OTH M IS 3 FEET. . T OESIRABLE LENGTH OF THE LANDING AT THE TOR €�F THEGARB R (DX 'SxO� V ASO'"�E) IS S FEET OIL T[ LENGTH OF THE RomFOR " . THE L. UM LENIGT4 tI IS FEET. *�rw THE DC Si .� #CLft RAMP IS 1.'20 OR FLAT THE WXwim an . IS 1. 2. 4, TW DE Sl#SA LE SLOPE FOR T FLED SIDE OF TK mms RAwIS It 12 OR FLATTE#L. TK WAtwLjw FLARED SJOE SL OIP'E IS 11 T 0. S, THE MMWUM CROSS SLOPE OF THE SIDEWALK IS lts S4 [). THE SUWA E OF THE PERPVOCLLAR Pam. € C S OE WAL K RAW IS TO CONTRAST VISUALLY M TN THE AcwotmmG P L C SIO VALK SURFACES. T45 CAN BE OBTAINED BT USE OF COLORED? CONMT'E, PATT R I C(*4R:ETE SAJRFACE. OR OTHER APPRCWED UIETHMS, T = VKRE VEA POSSIBLE. ALTER EXISTIMO FAMITIES TO COW LT UTH THE t W CO TR TTON KOUKWIEWT& i. TWE Mmum 10TH OF THE CURB RAW (i ON Ir O ) IS 3 FEET. NOTE WW E TW PtSL1C PlEDESMAN F40-T-OF-wAy WWTH tS LESS T K 3 FEET. PROVIOE A PARALLEL Pam, IC StOTALK CUR$ Rom. . ARE PLOLIC PEDESTMAN RIGHT -OF -VAT IRON IS INSUFFICIENT TO ACCOWILMATE A TOP LAE"C OF 4 FEET. PROVIDE A TOP L (MG OF 3 F EET. 31 rw Mmum CURB RAW SLOPE 'S Is 10. PROYI DEO THE RISE (DwExSION -r- AaCrVE) IS f. 1WjES OR LESS. A is 12 OR FLATTER SLOPE IS DESMABLE. 41= THE W"bW FLED SIDE SLR IS it m 5. T "XIMLIM CRM SLOPE OF THE SIDEWALK IS 1= S QZ). S. THE SuFtFiZE OF THE RFIDOC , PUBLIC SIDEWALK UW IS TO CONTRAST VISUALLY IRTH ' THE AojCgMK PUSL IC S OEVALIL SUAf ACE S. TK S CAN BE 06T Al W D BT USE OF COLORED BETE. PATTERN G T mE OWRE E SLR AC # OR OTHER APP"EO IWETHMS, T. ARE E)aSTING SITE OEVELOPWMT CO Tim PROR T THE STRICT AND FULL CCU TI CS' OF As i; CRr'`TE A* PROMOE ACCESSiS10TY TO THE SIN EXTEXT FEASISLE. T Al ..__..._ RAM DEFERENCE DWG.. NOTE ST00ARD SPEC. 0 -25 SECTION 606 CUNNEO lPARALLEL PEA C LAR T PLBtIC &K CURS PAWS TO WEE7 PERPENDICULAR TW CMT]EfUA FOR 50TH THE PARALLEL AJO PER EWCLXAR PL*uC SjOE ALr, �.# �� C M �S* #SEE DETA LED ORAE XXL -30 AMC THS DRAM CURB RAMPS EFI~ECT1 YV ALKXMT Imo► AGNTAdux,r �� HW$ed ;V1019 STATE OF M NTANA - DEPARTMENT OF TRANSPORTATION DRIVEwAy APPROACHAPPLICATION AND PERMIT APPLICANT (PropertyOwner) Name; W N 805 LLB c/o Ron LaRue 2 R99 Phone: 0 -4 -6110 Address: 201 West North River Drive okane Wkl 39201 herein termed the applicant, requests permission to construct approach es described and shown on attached plat plan or plan and profile and hereby made a part of this application. Please indicate if permits or approaches are required from units of government other than the Department of Transportation. Write the number of permits required in the box: Federal Government EJ State El county city NIA Private; xx Public: Use of Property or Facility: Kalispell Center ball & West Coast Motel (Residence, Trailer Court, Gas Station, Field Access, Type of Business, etc.) LOCATION, City or Town: Kalispell (If rural, direction & approx. distance from nearest city or town) Street Name, if any: US.93 . ROADWAY OR HIGHWAY: 25 MPH Sight Distance- Left: 600, Right: 600` Surfacing: Asphalt Width: APPROACH: Existing 8' Estimated number of taps per day: 1,000 Width: 1 ' & 30' Flare: . ' & 12' Side of Roadway: West (N, F, S, W) DRAINAGE: See above as determined by Department of Transportation. a INSTRUCTION CONCERNING USE OF THIS FORM Applicant will complete and deliver this form in duplicate to the District Administrator serving the area i which the Approach Permit is requested. The District Administrator, in conjunctiva with the District Traffic Engineer, is delegated authority to approve curb cuts, }public and private approaches serving businesses, residences and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas, usually urban situations, the District Administrator and District Traffic Engineer can request the Manager, Traffic Unit in Helena for additional t chnical assistance. If this is necessary, the approach should be scaied onto existing plan and profile sheets showing the highway right-of-way and seat to Helena. Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, is hereby granted= t) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided. 2) RENTAL. Rental shall be NONE 3 REVOCATION, This pemilt may be revoked by State upon giving thi 30) days notice to Permittee by ordinary mail, directed to the ad dress shown in the application hereto attached, but the State reserves the ripht to revoke this permit wit hout giving said notice In the eve nt Perrnittee break s any of the condit! ons or terms set forth herein 4) C OMMEN C Eh El T OF WORK. No work shall be commenced unfil Permittee €totif$es the District Administrator, shown in application, when he proposes to commence work. CHANGES IN HIGHWAY. HWAY. If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures or Installations installed under this pe"ItT Permlttee shall make the necessary alterations at Per ittee's sole expense or in accordance with a separate agreement. 6} STATE SAVED HARMLESS RQM CLAIMS.. In accepting this permit the Permittee, itsthis successors or assigns, agree to ` x p Ate6t the -State and save it harmless' from-aiI claims, actions or damage of every kind and description which may accrue to, or be suffered by, are person or persons, -corpor tions or property by reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway way right of way, and ire case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, Its/his successors or assigns, will upon notice to it/him of the commencement of such act€on, defend the same at its/his sole cost and expense and satisfy a ny judgment which may be rendered against the State 1n any such salt or action. 7 ) PROTE DTI ON OF TRAFFIC. Insofar as the Interests of the State and the travelling public are concerned, ail work performed under this permit shall be done under the supervision of the District Administrator of the Department of Transportation and his authorized representatives, and he/they shall indicate barriers to be erected, the lighting thereof at night, placing of flagmen and watchmen, rnan n et in which traffic is to be handled, and shall specify to Parm ittee how road -surface is to be replaced if it is disturbed during operations, but said supervision shall In no gray operate to relieve or discharge Permittee from any of the obligations assumed by acceptance of this permit, and especially those set forth under Section 6 thereof. 5} HI GHWAY DRAINAGE. If the work done under this permit intert'eres in any way with the drainage of the State Highway affected, Permittee shall, at Its/his own expense, mare such provisions as the State may direct to fake care of said drainage. RUBBISH BISH AND DEBRIS. Upon completion of work contemplated under this permit, all rubbishy and debris shall be immediately removed and the roadway and the roadside left in a neat and presentable condition satisfactory to the State. 1 g) WORK TO 13E SUPERVISED BY STATE. All work contemplated under this permit shall be done under the supervision of and to the sat€sfactfan of the author€red representative of the State, and the Mate hereby reserves the tight to order the charge of location or removal of any structure or installation authorized by this permit at any time, said changes or removal to be made at the sole expense of the permittee. `I 1) STATE'S Ri HT NOT TO BE MTERRRER D WITH. All such changes, reconstructing or relocat€on shall be dame by Permittee, in such a manner as will cause the least interference with any of the State's work, and the State shah in no wise be Ilable for any damage to the Permittee by reason of any such work by the State, its agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit. 1) REMOVAL OF INSTALLATIONS OFF STRUCTURES. Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Parr ittee has no control, excepted, 13) MAINTENANCE AT EXPENSE OF PER 11ITTEE. Permittee shall maintain, at itsthis sole expense the installations and structures for which this permit is granted, In a condition satisfactory to the State. 14) STATE NOT UABLE Ir 0 R DAMAGE TO INSTALI TI ON , In acceptRns this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the Stater or by any State employee engaged In construction, alteration, repair, maintenance or improvement of the State Highway, shall be at the sale expense of the Permittee, 15) STATE TO BE REIMBURSED RSED FOR REPAIRING OADWA . Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in repairing surface or roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit. 1OTHER CONDITIONS AND/OR REMARKS. a. A I approach s€de slopes will be constructed ors cot less than 6 to 1 slope, unless otherwise approved, b. No private signs or devices etc., will be constructed or installed within the highway right-of-way limits. c. This permit is valid only if approach construction is completed within 6 months from date of issue. d. See attached sheet for additional restrictions. Dated at #ii I eta this- clay of o The undersigned, the "Perm€ttee" mentioned In the aforagoing iris#rU erltr DEPA RTME T OF T RT hereby gccepts this perm t, together with all of the tea s and conditions set forth therein, Bp: District Admini tT- - ..� r Y_,` ._�m �..�------�w*..... �_�.-,�-..s.................. ----- Completed Approach Inspected try: PermIttee Date - One copy of permit to MsWct Adm in Is trator for Me - One copy of permit to Applicant �ti� Q:T=- F y � rdo&(7t \If uW 00f- I �j v A A HUT CD 00 x s z cm- 181 1 z 00 qr LOOSE CHANGE CAS I + �_. cz