Loading...
5. Resolution 5025 - Preliminary Plat - Hutton Ranch PlazaTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (4066) 7G1_11Z�i1 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Hutton Ranch Plaza Subdivision MEETING DATE: July 5, 2005 BACKGROUND: This is a request for preliminary plat approval of a 26 lot commercial subdivision on approximately 46 acres that was filed with an application for annexation and initial zoning of B-2 / PUD known as Hutton Ranch Plaza. The property is located on the east side of US Highway 93 south of the Mountain. View Plaza development and north of Flathead Valley Community College. The site includes approximately 21 acres of land owned by both the Hutton Ranch Plaza Associates and 25 acres owned by Flathead Valley Community College who are working on a land exchange that would make Hutton Ranch Plaza Associates the sole owner of the site. An internal access road will be developed that will align with the southern access to the Spring Prairie site near the center of the property. This would be developed as a City street and constructed to City standards. The developers of this project as well as Costco are anticipating this will be a signalized intersection which will be subject to MDOT approval and installed at the developers expense. There are two additional accesses to the site that will be located to the north and south of the main access that will be right in and right out only. The project is anticipated to be developed in two phases with Phase 1 being the area that would be north of the main access road which would begin immediately upon approval of the PUD and preliminary plat. The main access road would be completed during the first phase. It is anticipated that construction on the buildings in Phase 1 would start in the Spring of 2006. Phase 2 improvements would be south of the main access road and construction in this area may be dependent on the completion of Phase 1 or the identification and commitment from additional tenants. The developers plan on a developing approximately 450,000 square feet of mixed retail, restaurants and specialty stores; a 16 screen movie theatre and perhaps a hotel. There is a commitment to developing a high quality project that will have good architectural integrity, substantial landscaping, pedestrian access, good site circulation and desirable tenants. The Kalispell City Planning Board met on June 14, 2005 and held a public hearing to consider this proposal. The staff noted that the developers were not requesting any variances with the PUD but rather wanted to provide the public and City with information regarding the proposal and assurances that the project would be of high Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Hutton Rand Plaza Preliminary Plat June 28, 2005 Page 2 quality and consistent with the type of development that would be anticipated in this highly visible entrance corridor. The planning board noted the application was very thorough and answered almost every question. During the public hearing the applicants explained their proposal, the enthusiasm about being in the Valley and their commitment to a good project. The engineers explained the status of the proposed signal and the MDOT review process. There was no one who spoke in opposition to the project. The board discussed the proposal and the planning board agreed this was a very good project and it would be complementary to other development in the area. A motion was made to recommend to Kalispell City Council that the preliminary plat be approved subject to the recommended conditions associated with the plat and the planned unit development, which passed on a unanimous vote. RECOMMENDATION: A motion to approve the resolution approving the preliminary plat subject to conditions would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. Wilson Senior Planner Limited positive impacts once fully developed. As suggested by the City Council. Report compiled: June 28, 2005 c: Theresa White, Kalispell City Clerk James H. Patrick City Manager Attachments: Transmittal letter Staff report ##KPP-05-12 and application materials Draft minutes from 6/ 14/05 planning board meeting TRANSMIT\KALISPEL \2005 \ KPP--05- i 2ME RESOLUTION NO.5025 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF HUTTON RANCH PLAZA, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 3 AND A PORTION OF ASSESSOR'S TRACT 4G LOCATED IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Mutton Ranch Plaza Associates LLC, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on June 14, 2005, on the proposal and reviewed Subdivision Report #KPP-05-12 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Hutton Ranch Plaza, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 5, 2005, reviewed the Tri-City Planning Office Report ##KPP-05-12, 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 1. That the Findings of Fact contained in Tri-City Planning Office Report ##KPP-05-12 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of Hutton Ranch Plaza Associates for approval of the Preliminary Plat of Hutton Ranch Plaza, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the planned unit development as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public 'Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. The proposed development area within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. That the internal access road at the southwest portion of the site providing access to the property to the south be constructed as a frontage road and that the parking along the frontage road be eliminated. The road design shall be coordinated through the Kalispell Public Works Department. (Site Development Review Committed 6. 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 International Fire Code (2003) Appendix B. 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) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a weed free, dust -free area until such time as that phase is fully developed prior to construction. 8. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from the Montana Department of Transportation and the City of Kalispell. That pedestrian walkways be provided as indicated on the site plan that provide a continuous and connected system with the existing walkways along Highway 93 including a sidewalk on both sides of the main entrance road separated by a minimum five foot landscape buffer. 10. That landscapinglandsc4ping be completed in substantial compliance with the plan that was submitted and would be subject to review and approval by the Parks and Recreation Dppartment. This would include landseVing along the highway. internal public street internal access road parking. lots. and common areas. 11. That the use of retaining walls in excess of four feet tall be avoided, but rather the implementation of landscaped terracing be used to make the transition in areas with the steepest grades. 12. The list of materials and exterior building treatments that was part of the application for the final development of the buildings be included in the development agreement with the City. 13. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and level of lighting not exceeding what is appropriate for its purpose. The light poles shall be limited to a maximum of30 feet with a full cut-off lens that does not shed light above a-7-0 20 degrees below the horizontal plane. No more than .5 candles of light are permitted.at the ed e of the site. 14. That the uses allowed within the development shall not include those which require areas for the display of large merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales and lumberyards. This would not preclude incidental events associated with the other businesses on the site. 15. That the theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet in height from the highest point of the gable or parapet wall. 16. That the refuse areas be adequately screened from public view. 17. That a good. faith effort be made by the developer toprovide access to the roe to the north to provide connectivity between the sites. 18. That the covenants be recorded and made apart of the development agreement with the city to insure maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development for parking, access and utilities. 19. That the phasing and timing of the development shall occur as proposed. Bonding for the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed as proposed shall be provided by the developer. 20. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. 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 5TH DAY OF JULY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@eentu rytel.net June 28, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Hutton Ranch Plaza Subdivision Preliminary Plat Dear Jim: The Kalispell City Planning Board met on June 14, 2005 and held a public hearing to consider a request for preliminary plae approval of Hutton. Ranch Plaza, a 26 lot commercial subdivision on approximately 46 acres. Concurrently, a request for annexation and initial zoning of 8-2 General Business has been filed along with a Planned Unit Development. The property is located on the east side of Highway 93, north of Four Mile Drive and directly east of the proposed Costco site in Spring Prairie Planned Unit Development. Narda Wilson, of the Tri-City Planning Office, presented staff report KPP-05-12 evaluating the proposal. She noted that the PUD would provide the public with site specific information, limit uses that would be considered incompatible, and result in a high quality development. Amendments to the conditions were also discussed. During the public hearing the applicant and John Engebretson, Chairman of the FVCC Board of Trustees spoke in favor of the proposal. No one spoke in opposition. The board discussed the proposal and the testimony. A motion was made to recommend to Kalispell City Council that the preliminary plat be approved subject to conditions, as amended, which passed unanimously on a roll call vote. The amended conditions are attached as Exhibit A. Please schedulethis matter for the July 5, 2005 regular City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely Kalispell City Planning Board f George Taylor President Providing Community Planning Assistance To: • City of Columbia Falls - City of Kalispell - City of Whitefish Hutton Ranch Plaza Preliminary Plat June 28, 2005 Page 2 GT/NW/ma Attachments: Exhibit A -Conditions of Approval Staff report KPP-05-12 and application materials Draft minutes 6/ 14/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clem c w/o Att. Hutton Ranch Plaza Associates, LLC, 4 Sunset Plaza, Ste 201, Kalispell, MT 59901 Philip &, Donna Harris, 360 Tetrault Road, Kalispell, MT 59901 Jane Karas, Flathead Valley Community College, 777 Grandview Drive, Kalispell, MT 59901 Morrison Maierle, Inc., 1228 Whitefish Stage Road, Kalispell, MT 59901 Hutton Ranch Plaza Preliminary Plat June 28, 2005 Page 3 EXHIBIT A HUTTON RANCH PLAZA SUBDIVISION KALISPELL CITY PLANNING BOARD JUNE 14, 2005 The Kalispell City Planning Board held a public hearing was held on this matter at the regular meeting of the planning board of June 14, 2005. The following conditions were included in the recommendation for approval of the initial zoning of the property of B-2 / PUD. 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the planned unit development as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. The proposed development area within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. 5. That the internal access road at the southwest portion of the site providing access to the property to the south be constructed as a frontage road and that the parking along the frontage road be eliminated. The road design shall be coordinated through the Kalispell Public Works Department. (Site Development Review Committed 6. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). Hutton Ranch .Plaza Preliminary Plat June 28, 2005 Page 4 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 International Fire Code (2003) Appendix S. 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) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and maintenance of the undeveloped areas that creates a weed free, dust -free area until such time as that phase is fully developed prior to construction. 8. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from the Montana Department of Transportation and the City of Kalispell. 9. The laqdseape plan shall be re�Aewed eaad approved by the Kalispell Parks and aleng both sides of th@ interne4 roadways exeept where they immediately abut a par-ldng let isl&ad or planter- or abut building ffents, atad a minimum three feet tall hedge or- shrubs between t4ae paTk4ng lots and t r-ead-vvays.- 9. That pedestrian walkways be provided as indicated on the site plan that provide a continuous and connected system with the existing walkways along Highway 93 including a sidewalk on both sides of the main entrance road separated by a minimum five foot landscape buffer. 10. That landscaping be cony feted in substantial corn liance with the plan. that was submitted and would be subject to review and approval by the Parks and Recreation Department. This would include landsca in along the highway, internal public street internal access roadparking lots and common areas. 9. That the lafidseapeax-easAithin the site be censtnieted as pr-epasedtha-tineludes lanElseaping, walk -ways and gazebos. 11. That the use of retaining walls in excess of four feet tall be avoided, but rather the implementation of landscaped terracing be used to make the transition in areas Hutton. Ranch Plaza Preliminary Plat June 28, 2005 .Page 5 with the steepest grades. 12. The list of materials and exterior building treatments that was part of the application for the final development of the buildings be included in the development agreement with the City. 13. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and level of Iighting not exceeding what is appropriate for its purpose. The light poles shall be limited to a maximum of 30 feet with a full cut-off lens that does not shed light above a-70 20 degrees below the horizontal plane. No more than .5 candles of light are permitted at the edge of the site. 14. That the uses allowed within the development shall not include those which require areas for the display of large .merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales and lumberyards. This would not preclude incidental events associated with the other businesses on the site. 15. That the theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet in height from the highest point of the gable or parapet wall. 16. That the refuse areas be adequately screened from public view. 17. That a good faith effort be made by the developer to rovide access to the property to the north to provide connectivity between the sites. 18. That the covenants be recorded and made a part of the development agreement with the city to insure maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development for parking, access and utilities. 19. That the phasing and timing of the development shall occur as proposed. Bonding for the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed as proposed shall be provided by the developer. 20. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. HUTTON RANCH PLAZA TRI-PLANNING OFFICE SUBDIVISION REPORT #KPP-05-12 JUNE 6, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council, regarding a request for preliminary plat approval of a 26 lot commercial subdivision, A public hearing on this matter has been scheduled before the Kalispell Planning Board for June 14, 2005 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. BACKGROUND: The developers have petitioned for annexation and initial zoning of B-2, General Commercial, with a planned unit development overlay concurrent with a request for preliminary plat approval of a 26 lot commercial subdivision. A. Petitioner and Owners: Technical Assistance: Hutton Ranch Plaza Associates, LLC 4 Sunset Court, Suite 201 Kalispell, MT 59901 (925) 884-4800 Philip and Donna Harris 360 Tetrault Road, Kalispell, MT 59901 (406) 755-6024 Jane Kara Flathead Valley Community College 777 Grandview Drive Kalispell, MT 59901 (406) 755-756-3822 Morrison Maierle, Inc. 1228 Whitefish Stage Road Ka1i�ni-11. MT 5QQ01 (406) 752--2216 B. Location: This property is located on the west side of US Highway 93, north of Four Mile Drive and directly west of the proposed Costco site in Spring Prairie Planned Unit Development. The lot would be adjacent to Costco to the west and Kalispell Youth Athletic Complex to the south. The property is generally described as a portion of Assessor's Tract 5 in Section 36, Township 29 North, Range 22 West, PMM Flathead County, Montana. C. Size: Total area: 46.05 acres Area in Lots: 34.22 acres Area in Roads: 1.87 acres Common Area: 9.97 acres D. Nature of the Request: This is a request for preliminary plat approval of a 26 lot commercial subdivision intended primarily for retail development. A request for annexation with an initial zoning designation of B-2 / PUD, a General Business zoning district with a planned unit development overlay has been filed concurrently with the preliminary plat application. The companion staff report KA-05-10 / KPUD-05-5 details the PUD proposal and zoning issues. In essence, the developers have acquired approximately 46 acres for commercial development that is proposed for approximately 450,000 square feet of mixed retail, restaurants and specialty stores; a 16 screen movie theatre and perhaps a hotel. An internal access road will be developed that will align with the southern access to the Spring Prairie site near the center of the property. This would be developed as a City street and constructed to City stazadards. The developers of this project as well as Costco are anticipating this will be a signalized intersection which will be subject to MDOT approval and installed at the developers expense. There are two additional accesses to the site that will be located to the north and south of the main access that will be right in and right out only. The project is anticipated to be developed in two phases with Phase I being the area that would be north of the main access road which would beL-in immediately upon approval of the PUD and preliminary plat. The main access road would be completed during the first phase. It is anticipated that construction on the buildings in Phase 1 would start in the spring of 2006. Phase 2 improvements would be south of the main access road and construction in this area may be dependent on the completion of Phase I or the identification and commitment from additional tenants. E. Existing Land Use: This property is currently undeveloped and has been used for agricultural purposes in the past. F. Adjacent Land Uses and Zoning: The general land use character of this area is a mix of commercial, agricultural, public and residential. It lies in an expanding area between the rural and urban areas of north Kalispell. North: Commercial development -- Mtn View Plaza, City B-2 / PUD zoning South: Agricultural and FVCC, County SAG-10 and R- I zoning East: Agricultural and Stillwater River, County SAG-10 zoning West: Spring Prairie Development, DNRC property, City B-5 / PUD zoning G. Zoning: The site is currently under agricultural production and is in the County zoning jurisdiction. The County zoning for this property is SAG-10, a Suburban Agricultural zoning designation that has a ten acre minimum lot size requirement for newly created lots and anticipates limited agricultural uses. H. Relation to Growth Policy Map: The Kalispell City Growth Policy 2020 designates this property as Urban Mixed Use and Public. The proposed zoning is consistent with the type of development anticipated for this area and the growth policy in general. I. Utilities: Water: City of Kalispell Sewer: City of Kalispell Electricity: Flathead Electric Cooperative (underground) Telephone: CenturyTel (underground) Solid Waste: City of Kalispell Fire: City of Kalispell Schools: School District #5, Kalispell Police: City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with State statutory review criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: F+irr- - Tht- rnnctriirrtinn of a new fire ctatinn urill hesrin in the. cttmmPr of 9.nn.r; vv_ _ _ ___.. _ -__ _ --- _ _ _ _ v which will be located on the opposite side of the street behind Costco and using the same intersection / access as the Hutton Ranch Plaza development. All of the infrastructure within the development will be constructed to City standards. The building will be constructed in accordance -with the International Building Code that the City of Kalispell has adopted. The site will have good access and will be at generally low risk of fire. The timing of this development and the new fire station will likely dovetail nicely. Floodi : According to the Kalispell FIRM (Flood Insurance Rate Map) Map, this area is not located in the 100 year floodplain nor does it have high ground water that would lead to flooding. Roads: Traffic is proposed to be handled by having three accesses onto Highway 93 with a signalized intersection at the center entrance. The Montana Department of Transportation will have to review and approve the accesses as well as the proposed signalization of the intersection. A full traffic analysis has been submitted with the PUD application that assesses the impacts to the system. The State will need to complete a review of the traffic impact study and site plan for the project. The MDOT expects all traffic impacts would be identified and there would be a commitment to mitigation prior to permitting. Comments from the Montana Department of Transportation regarding the proposal have not been received. However, it can be anticipated that the project will go through the systems impact review process to assess impacts to all roads in the area, identify and complete mitigation. Mitigation identified by the traffic impact study and required by MDOT will be at the sole cost of the developer/property owner and not to the general public. Any encroachments or landscaping within state highway right-of-way will require encroachment permits from MDOT. Due to the proposed size of commercial development and future traffic impacts, MDOT's Transportation. Planning Division will coordinate internal review through its System Impact Review Process via the Helena Headquarters office. This must be done and completed prior to any approach permits being issued from the Kalispell Area Office. Although not a direct impact on the transportation system, drainage and utility infrastructure are a concern and would be identified in the evaluation process in detail. B. Effects on Wildlife and Wildlife Habitat: The site is not mapped within any big game winter range and does not provide significant habitat to wildlife and does not host any significant or endangered wildlife. C. Effects on the Natural Environment: There are no significant environmental factors that would pose an impact on the natural environment of the area. D. Effects an Local Services: Sewer and Water: City of Kalispell water and sewer were taken to this area as part of the development of Mountain View Plaza and are in the Hwy 93 right of way. They will be extended to the site and taken to the eastern boundary of the property to allow for further extension should this property be developed in the future. Adequate capacities exist to serve proposed development. Stormwater_man_age_m.ent: Stormwater management will be accomplished with on site retention of stormwater run off. An engineered drainage plan will be developed by Morrison-Maierle as part of the engineering for this development. Three are several options available to the developer in managing storm water, but at this time they are considering an interim above ground retention area in the area of Phase 2 that would be gathered from the parking lots to the north with and underground system. When Phase 2 develops, the stormwater retention area would be placed underground. Roads: The development is proposed to be served from three accesses from. Highway 93. Primary access will be from a controlled intersection near the center of the site where a traffic signal is proposed to serve the Costco site as well. The northernmost access along Highway 93 will be a right turn in and out only. The access located at the south end of the property along Highway 93 would function as a through access within the development. Highway 93 is maintained by the Montana Department of Transportation. Highway 93 has been upgraded to four lanes with a center turn lane. Highway 93 is in good condition. The primary access to the site is near the center of the development and provides a channel for the traffic entering the site. This roadway will be a City street and extended to the eastern boundary of the property to allow for a continuation of the road for the possible development of the property to the east. A full traffic analysis assessing the impacts of this development has been included in the PUD application and will require review and approval by the City and Montana Department of Transportation with regard to mitigation and access. 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. Parks: This subdivision is not subject to the parkland dedication requirements because it is a commercial subdivision as outlined in the Kalispell Subdivision Regulations and as under State Statute. 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 that will be located directly across the highway from this project site. The timing of the construction of this project and the fire station should be nearly concurrent so the fire protection from the new fire station will be in place once this development reaches full build out or sooner. Refuse Disposal: The subdivision will be served by a private hauler for solid waste disposal as provided for under the state statutes that addresses solid waste provisions. Adequate space at the County landfill is available for the solid waste which will be generated by the subdivision. Medical Services: Kalispell Regional Hospital is approximately two miles from the site. Ambulance services are available to serve this subdivision and access is good. E. Effects on Agriculture and Agricultural Water Users Facilities: This property is undergoing a conversion from agricultural to urban scale and density development. Because of its proximity to services and other commercial development, the proposed use is appropriate. The conversion of this property from agricultural to a commercial center will not have a significant affect on agriculture or agricultural water users facilities. F. Compliance with the Growth Policy: This property is included the Kalispell Growth Policy 2020 potential utility service area and is designated on the land use map as Urban Mixed Use and Public. Because of the proximity to other similar commercial development this project can be found to be in substantial compliance with the growth policy for the area and the anticipated uses. G. Compliance with Zoning Regulations: A request for annexation with an initial zoning designation of B-2 / PUD, a General Business zoning district with a planned unit development overlay has been filed concurrently with the preliminary plat application. The subdivision and the PUD comply with the proposed B-2 zoning regulations. H. Compliance with the Subdivision Regulations: The preliminary plat is in compliance with the State and City Subdivision Regulations. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt staff report #KPP-05- 12 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 the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the planned unit development as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the final plat from a engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. The proposed development area within the site shall be substantially the same as indicated on the preliminary site plan submitted with the application or as modified by these conditions. S. That the internal access road at the southwest portion of the site providing access to the property to the south be constructed as a frontage road and that the parking along the frontage road be eliminated. The road design shall be coordinated through the Kalispell Public Works Department. (Site Development Review Committed 6. 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 International Fire Code (2003) Appendix B. 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) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 7. A plan shall be developed and in place that addresses the grading, revegetation., irrigation and maintenance of the undeveloped areas that creates a geed free, dust -free area until such time as that phase is fully developed prior to construction.. S. That a comprehensive traffic impact study be completed which identifies all expected traffic impacts and proposals for mitigation, and that appropriate approach permits be obtained from the Montana Department of Transportation and the City of Kalispell. 9. The landscape plan shall be reviewed and approved by the Kalispell Parks and Recreation Department that includes street trees shall be placed at 40 foot intervals which are a minimum of a two and a quarter inch caliper at planting along both sides of the internal roadways except where they immediately abut a parking lot island or planter or abut building fronts. 1(1 `7`linf t-hi- ]nnrlcranincr nlnncr Piorbi-Arnir Winrliirlr- etrr F*t 1r,4ac rila�A nt ill fnnt intervals which are a minimum of a two and a quarter inch caliper at planting and a minimum three foot tall hedge or shrubs between the parking lots and the roadways. 11. That pedestrian walkways be provided as indicated on the site plan that provide a continuous and connected system with the existing walkways along Highway 93 including a sidewalk on both sides of the main entrance road separated by a minimum five foot landscape buffer. 12. That the landscape areas within the site be constructed as proposed that includes landscaping, walkways and gazebos. 13. That the use of retaining walls in excess of four feet tall be avoided, but rather the implementation of landscaped terracing be used to make the transition in areas with the steepest grades. 14. The list of materials and exterior building treatments that was part of the application for the final development of the buildings be included in the development agreement with the City. 13. That alighting plan be submitted which utilizes attractive lighting fixtures and a type and level of lighting not exceeding what is appropriate for its purpose. The light poles shall be limited to a maximum of 30 feet with a full cut -of lens that does not shed light above a 70 degree horizontal plane. 16. That the uses allowed within the development shall not include those which require areas for the display of large merchandise such as new and used automobile sales, manufactured home sales, recreational vehicle sales and lumberyards. This would not preclude incidental events associated with the other businesses on the site. 17. That the theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet in height from the highest point of the gable or parapet wall. 18. That the refuse areas be adequately screened from public view. 19. That the covenants be recorded and made a part of the development agreement with the city to insure maintenance of common areas within the development and which grant cross easement access between the lots and throughout the development for parking, access and utilities. 20. That the phasing and timing of the development shall occur as proposed. Bonding for the proposed infrastructure and improvements or other acceptable means of insuring that the improvements will be completed as proposed shall be provided by the developer. 21. The developer and City of Kalispell shall execute a development agreement based on terms and conditions included in the planned unit development. AMERICAN DREAM MONTANA P.O. Box 8061 Kalispell, MT 59904-1061 June 14, 2005 Kalispell City Planning Board c/o Tri-City Planning Office 17 2"d Street East, Suite 211 Kalispell, MT 59901 Dear Planning Board Members: I am writing to voice opposition to the applications for Hutton Ranch Plaza that you will be considering tonight. These applications are summarized in Staff Reports KA-05-101 KPUD- 05-5 and Subdivision Report #KPP-05-12. I respectfully request that you recommend to the City of Kalispell that these applications be denied. Subdivision flows from zoning and zoning flows from planning. The zoning and subdivision requested by the applicant is not consistent with Kalispell's Growth Policy. Despite the representation in Staff Reports KA-05-10 / KPUD-05-5 that the proposed zoning is consistent with the city growth policy, a review of Kalispell Growth Policy 2020 shows that the zone change is not consistent with it. Attached to this letter is a copy of the Kalispell Growth Policy Future Land Use Map which shows that the subject property has been planned as an Urban Mixed Use Area and Public land. The growth policy provides that these future land use designations are applicable when a property is proposed for annexation. The future land use trap is a "primary" component of Kalispell's growth policy —it cannot be ignored. (Kalispell Growth Policy 2020, page 3) The future land use map "is a geographic illustration of the plan's goals and policies applied to the lands in the growth policy." (Kalispell Growth Policy 2020, page 4). In other words, the map provides a snapshot of what the text of the growth policy is describing. It further provides on the same page that the "map indicates the types of land uses recommended in various locations, representing the recommendation of an orderly growth pattern." According to these provisions, the current plan designations of Urban Mixed Use and Public represent "an orderly growth pattern," meaning that zoning other than mixed use and public would be "disorderly." The proposal to change the zoning to B-2 Commercial is inconsistent with the growth policy map designation and the growth policy. The growth policy further provides on page 61 that "inside the city of Kalispell, zoning should be based upon the land use designation of the growth policy rnap." Since this property is being annexed to the city, the initial zoning placed on the property needs to be rased upon the land use designations shown on the attached trap. B-2 Commercial is not consistent with either a ,mixed use or public land use designation as shown on the future land use map. The growth policy provides a "Zoning Regulations Implementation Strategy" on pages 64 and 61, which provides that the City is to "develop a use district to further define the uses anticipated in the Mixed Use Areas designated on the growth policy map so that the appropriate zoning can be applied." I am not aware that the City has developed this mixed use zoning district; if it has, then that is the zoning district that should be applied to the subject property, not the current request for B-2 zoning. The current plan designation of Urban Mixed Use allows for "limited" commercial development —the over 400,000 square feet of commercial space proposed by this plan is far from "limited" and is not an appropriate use of the subject property. The Land Use: Business and Industry policies in the growth policy on page 18 provide that highway Urban Mixed -Use Areas are to provide "an alternative to continued linear commercial development." The expansion of B-2 zoning south of Target and onto a large piece of publicly zoned land constitutes "continued linear commercial development" along U.S. Highway 93, the very type of sprawl development that Urban Mixed -Use Areas are intended to prevent. On page 7 of the growth policy, it is recommended that developers and the City "use the general growth policy amendment process to address large scale and I or complex projects that have not been anticipated in the growth policy." The proposed project, at the proposed location, has not been anticipated in the growth policy, as evidenced by the land use designations on the future land use map. if such a project has been anticipated, then it has been anticipated for areas such as Section 36, other "Target Development Areas" as described in the growth policy, or the other areas that have already been designated for commercial development, t t 1 R The general growth policy amendment process as described on pages 64 and 63 of the growth policy must be followed before the zone change and subdivision can be considered — employment of any other process to deal with the proposed project is illegal and against the letter and spirit of Kalispell's growth policy. The general growth policy amendment section states that "if there is a zone change that can be anticipated as part of the development proposal, the [growth policy] amendment shall be acted on by the city council to accept, revise or reject prior to the initiation of change in zoning." The growth policies adopted by the governing bodies within Flathead County are important documents and the public interest is best protected if those growth policies are followed. The Planning Board and City Council will clearly be violation the Kalispell growth policy by adopting the zone change and subdivision requests currently before you without first properly amending the growth policy. The landowner, developer, taxpayers, and residents of Kalispell and Flathead County are better off if you follow the rules. Sine ely, Russ Crowder, Chairman KALISPELL GROWTH POLICY FUTURE I -AND USE MAP * LEGEND Ua �x, coffiuvw sweet f � 100 Year Poodmv mmsmsommm 5B 4G ., 5ati 3 5Bi 4I 5BJA sBJi s p— 1 COUNTY R_ 1 5BA IE- E R 1 7A 4E VICINITY MAP SCALE 1" - 600' PHILIP & DONNA HARRIS PRELIMINARY PLAT - MUTTON RANCH PLAZA A 26 LOT COMMERCIAL SUBDIVISION ON 46.05 ACRES FILED CONCURRENTLY WITH AN ANNEXATION & INITIAL ZONING- & A PLANNED UNIT DEVELOPMENT TT T� PLOT` HATE 5/9/05 FUR 4 Ii-, C- t D -�— n : ] — l 2 : \gis\site\kppO5...12.dwg Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurvtel.net MEMORANDUM TO: Kalispell City Staff Other Interested. Parties FROM: Narda A. Wilson, Senior Planner RE: June 14, 2005 - Kalispell Planning Board 'Meeting DATE: May 18, 2005 These items will go before the Site Development Review Committee in the Kalispell Building Department on the following dates: May 19 - Initial Review • May 26 - Staff Comments • June 2 - Staff Comments Please Note: Not all of the -projects listed will warrant your consideration or comments - only those within your applicable area of jurisdiction or review. Final Comments By: June 6, 2005 so that they can be incorporated into the staff report for the June 14, 2005 public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852 or e-mail at tricityrzarda�centurvtel.net. 1. Potthoff/ Allison/Executive Plaza Ptnshp - Zone Change, KZC-05-4 2. Hutton Ranch PIaza - Annexation., KA-05-9 3. Hutton Ranch Plaza - Preliminary Plat, KPP-05-12 4. Hutton Ranch Plaza - Planned Unit Development KPUD-05-5 S. Kalispell Fire Station No. 62 - Preliminary Plat, KPP-05-10 6. New West, TLC. - Annexation, KA-05-8 7. Autumn Creek Sub -- Preliminary Plat, KPP-05-9 8. Autumn Creek CUD - Conditional Use Permit, KCU-05-6 If you need additional information regarding any of these items, please call me. Thank you for taping the time to review and comment on these items. Providing Community Planning :assistance To: • Clty of Kalispell • City of Columbia Falls • City of Whitefish Referrals KPB 5/ 14/05 mtg May 18, 2005 Page c: w/ attach=ents: F. Ray Rufatto, Fire Dept. Mike Baker, Parks and Rec James Patrick, City Manager Pi. Sorenson, Zoning Admilx.i.strator Roger Krauss, Police Dept, Frank Castles, City Engineer Jim Hansz, Public Works Director Andrew Sorenson, Assistance City Engineer Sandy Wheeler, Cornrn.unity Redevelopment Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney MDOT, Local IVIDOT, Land Planning Division Helena Charlie Johnson, Flathead County Road Dept. West Valley Fire Department Kalispell Schoois District S c: w/o attach -meats: Applicants TCPO Major Subdivision 2005 CERTIFICATION APPLICANT-. HUTTON RANCH PLAZA ASSOCIATES LLC TCPO FILE NO: HPP-05-12/KA-05-10/KPUD-05-5 I, the undersigned certify that I did this date mail via certified or registered mail a copy of the attached notice to the following list of landowners adjoiningr the property lines of the property that is to be subdivided. Date: Assessor's # S-T-R Lot/Tract# Property Owner/Mail Address 31-29-21 HUTTON RANCH PLAZA ASSOCIATES LLC 4 SUNSET PLAZA, SUITE 201 KALISPELL, MT 599901 PHILIP HARRIS III & DONNA L. HARRIS 360 TETRAULT ROAD KALISPELL, MT 59901 FVCC ATTN: JANE KARAS 777 GRANDVIEW DRIVE KALISPELL, MT 59901 MORRISON MAIERLE INC 1228 WHITEFISH STAGE ROAD KALISPELL, MT 59901. AND ATTACHED LIST HUI"TON RANCH PLAZA PHILIP HARRIS III & DONNA L FVCC ASSOCIATES LLC HARRIS ATTN: JANT KARAS 4 SUNSET PLAZA STE 201 360 TETRAULT ROAD 777 GR.ANDVIEW DRIVE KALISPELL, NIT 59901 KALISPELL. MT 59901 KALISPELL, MT 59901 MORRISON MAIERLE INC 1228 WHITEFISH STAGE ROAD KALISPELL, NIT 59901 BLEY. PAUL E PO BOX 10695 KA-LISPELL, MT 59904 STATE OF MONTANA DNRC 2250 HWY 93 N Tr AT TCbVT T -.NdT 5QUA TARGET CORPORATION AD%TABS, DEPT T-1540 PO BOX 9456 MINNE AI'OLLIS_ MN 55440 HUTiON FAMILY TRUST PO BOX 10695 KALISPELL, MT 59904 CITY OF KALISPELL PO BOX 1997 KALISPELL, MT 59903 MOUNTAIN VIEW LP 2121 SAGE SUITE 380 HOUSTON, TX 77056 FVCC TRU FVCC 777 GRANDVIEW DR KALISPELL, MT 59901 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION June 14, 2005 The regular meeting of the Kalispell City Planning Board and Zoning Coznm.ission is scheduled for Tuesday, June 14, 2005 beginning at 7:00 Pink in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. A request by Potthoff, Allison, and Executive Plaza Partnership for a change in zoning from R-4, Two Family Residential, to RA-3, Residential Apartment / Office, on approximately 0.65 of an acre located on the south side of Fifth Street East between Main Street and Second Avenue East. The property can be described as Lots 1, 16, 17, 18 Block 84 and Lots 1, 2, 3, Bock 85 Kalispell Original Township in Section 18, Township 28, Range 21 West, P.M.M., Flathead County, Montana 2. A request by Hutton Ranch Plaza Associates for an initial zoning designation of 3- 2, General Business, with a Planned Unit Development (PUD) overlay upon annexation to the City of Kalispell on approximately 46.05 acres. The property is located on the east side of US Hwy 93 south of the Mountain View Plaza development and north of the Flathead Valley Community College. In conjunction with the annexation and proposed PUD zoning designation, a subdivision has been filed to be known as Hutton Ranch Plaza. The property can be described as Assessors Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Hutton. Ranch Plaza Associates, LLC for preliminary plat approval of Hutton Ranch Plaza, a 26 lot commercial subdivision on approximately 46 acres. As proposed there would be 26 commercial lots that would share common parking and access within a common area. A request for annexation and an initial zoning designation of B-2, / PUD has been filed concurrently with the subdivision. request. The property can be described as Assessors Tract Assessors Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North Range 21 West, P.M.M., Flathead County, Ml ontana. 4. A request by the City of Kalispell for preliminary plat approval. of Kalispell Fire Station No. 62, a one lot subdivision containing approximately 2.154 acres. This one lot subdivision is intended for development of the north Kalispell fire station. The property can be described as a portion of Assessor's Tract 5 located in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. 5. A request by New West, LLC for an initial zoning designation of R-3, Urban Single Family Residential, on approximately 8.694 acres. The property is located north of Hwy 2 West, on the east side of Hathaway Lane. A request for preliminary plat approval of Autumn. Creek Subdivision, a 27 lot residential subdivision and a conditional use permit to allover 12 townhouses have been filed concurrently with the annexation request. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB 'Located in. Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 4. A request by the City of Kalispell for preliminary plat approval of Kalispell Fire Station No. 62, a one lot subdivision containing approximately 2.154 acres. This one lot subdivision is intended for development of the north Kalispell fire station. The property can be described as a portion. of Assessor's Tract 5 located in Section 36, Township 29 North., Range 22 West, P.M.M., Flathead County, Montana. 5. A request by New West, LLC for an initial zoning designation of R-3, Urban Single Family Residential, on approximately 8.694 acres. The property is located north of Hwy 2 West, on the east side; of Hathaway Lane. A request for preliminary plat approval of Autumn Creek Subdivision, a 27 lot residential subdivision and a conditional use permit to allow 12 townhouses have been fled concurrently with the anne:zcation request. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 6. A request by New West, LLC for preliminary plat approval of Autumn Creek Subdivision, a 27 lot residential subdivision on approximately 8.694 acres. As ropose-A t+i' 1-P ixrrmlei ha 1 1; q'naiQ farrr,17r into a-nri 1) tnYxrnhrn cry lntc A ranixr-ct fnr annexation and initial zoning along with a conditional use permit for the townhouses have been filed concurrently with the preliminary plat application. The property can be described as Assessors Tracts 6AAK, 61)1 and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 7. A request by New West, LLC for a conditional use: permit to allow the creation of six two unit townhouses or 12 townhouse lots within the proposed Auturan. Creek Subdivision, a preliminary plat for a 27 lot residential subdivision. A request for annexation and initial zoning along with the preliminary plat for the subdivision have been filed concurrently with the conditional use permit application.. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section. 12, Township 28 North, Range 22 West, P_M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson,, Senior Planner at (406) 751-1850 or e-anaii at tricit-,Tnarda(&centuryteLnet for additional information.. Sincerely, Narda A. Wilson Senior Planner No. 9447 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING., BOARD AND ZONING COM- MISSION June 14, 2005 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, June 14, 2005 beginning at 7:00 PM in the Kalistleil City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- lispell. The planning board will hold a public hearing and take public comments on the follow- ng agenda items. The Board will make a rec- ommendation to the Ka- fispeil City Council who will take final action. 1. A request by Potth- off, Allison and Execu- tive Plaza Partnership or a change in zoning rorn R-4, Two Family 3esidential, to RA,3, residential Apartment Dffice, on approximately )_65 of an acre located >n the south side of =ifth Street East be- ween Main Street and Second Avenue East. fhe property can be de- scribed as Lots 1, 16, 17, 18 Block 84 and -ots 1, 2, 3, Bock 85 (alispeil original Town- ship in Section 18, Township 28, Range 21 Nest, P.M.M., Flathead -ounty, Montana 2. A request by Hutton Ranch Plaza Associates for an initial zoning des- ignation of B-2, General Business, with a Plan- ned Unit Development jPUD) overlay upon an- nexation to the City of Kalispell on approxi- mately 46.05 acres. The property is located on the east side of US Hwy 93 south of the Moun- tain View Plaza devel- opment and north of the Flathead Valley Com- munity College. In con- iunction with the annex- ation and proposed PUD zoning designa- tion, a subdivision has been filed to be known as Hutton Ranch Plaza. The property can be de- scribed as Assessors Tract 3 and a portion of Assessors Tract 413 lo- cated in Section 31, Township 29 North Range 21 West, P.M.M,, Flathead Coun- ty, Montana. 3. A request by Hutton Ranch Plaza Associ- ates, LLC for prelimina- ry plat approval of Hut- ton Ranch Piaza, a 26 lot commercial subdivi- sion on approximately 46 acres. As proposed there would be 26 com- mercial lots that would share common parking and access within a common area. A re- quest for annexation and an initial zoning designation of B-2JPUD has been filed concur- rently with the subdivi- sion request. The prop- erty can be described as Assessors Tract As- sessors Tract 3 and a portion of Assessor's --- Tract 4G located in Sec- tion 31, Township 29 North Range 21 West, P.M.M., Flathead Coun- ty, Montana. 4. A request by the City of Kalispell for pre- liminary plat approval of Kalispell Fire Station No. 62,,,a one lot subdH vision containing; ap proximately 2.15N acres. This one lot sub- division is intended for development of the north Kalispell fire sta- tion. The property can , be described as a por- tion of Assessor's Tract 5 located in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 5. A request by New West, LLC for an initial zoning designation of R 3, Urban Single Family Residential, on approxi- mately 8.694 acres. The property is located north of Hwy 2 West, on the east side of Hathaway Lane. A request for pre- liminary plat approval of Autumn Creek- Subdivi- sion, a 27 lot residential subdivision and a condi- tionai use permit to al- low 12 townhouses have been filed concur- rently with the annexa- tion request. The prop- erty can be described as Assessors Tracts. 6AAK, 6DI and 6AB io rated in Section 12, Township 28 North, Range 22 West. P.M.M., Flathead Coun-• ty, Montana. 6. A request by New West, LLC for prelimina- ry piat approval of Au- tumn Creek Subdivision; a 27 lot residential sub- division on approximate_. ly 8,694 acres. As pro- posed there would be 15 single family lots and 12 townhouse lots. A re- quest for annexation STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCH-ULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS T LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATIOI PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 9447 LEGAL ADVERTISN MNT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF MAY 29, 2005 ND THE RATE CHARGED FOR T"BE ABOVE PRINTING DOES NOT EXCEED THE GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SANS PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this AD MAY 31, 2005 1 Notary Public for the State of Montana Residing in Kalispell My Commission expires 9111/05 and initial zoning along with a conditional use permit for the townhous- es have been filed con- currently with the pre- liminary plat application. The property can be de- scribed as Assessors Tracts 6AAK, 6D1 and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 7. A request by New West, LLC for a condi- tional use permit to al - ow the creation of six two unit townhouses or 12 townhouse lots with- in the proposed Autumn Creek Subdivision, a preliminary plat for a 27 lot residential subdivi- sion. A request for an- nexation and initial zon- ing along with the pre- liminary plat for the sub- division have been filed concurrently with the conditional use permit application. The proper- ty can be described as Assessors Tracts 6AAK, 6DI.and 6AB located in Section 12, Township: 28 North, Range 22- West, P.M.M., Flathead County, Montana. Documents pertaining,'` to this agenda item are:: on file for public inspec- tion at the Tri-City Plan- ning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during; regular office hours. Interested persons are encouraged to attend:: the hearing and make their views and con- cerns known to the Board. Written com- ments may be submit- ted to the Tri-City Plan- ning Office at the above. address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e- mail her at. tricitynarda @ centuryte i. net for additional infgr- mation. Isl Thomas R. Jentz Thomas R. Jentz Planning Director May 29, 2005. THTR —Y—T OF HUTTON RANCH PLAZA SUBDIVISION LOCATED IN THE NW 1/4 AND THE SW 1/4 OF SECTION 31, T29N, R21W, P.M.M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA OWNER ENGINEER szeo3 'rz �cs rv�P�ry vu' IIII III t � Ad LEGEND � mwo smm cmrax a axwm CERTIFICATE OF DEDICATION noif,�x os -.. r muem a rauaz �". ETILITY EA_EMENTS u +mm msw��orowo m..we ua mm maumu�res rur aEW `IFICATE 0 omulnm� n OwmwCwctm... w.w. uwa .�. a ne n.r CERTIFICATE OF CITY ATTORNEY ox seiunm n�iiz swmw uo�u n wrt- CERTIFICATE OF SURVEYDR