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07. Conditional Use Permit - Goldberg Properties, Inc./DNRCREPORT TO: aF%T*JTA SUBJECT Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity CWcenturytel.net www.tricityplanning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Conditional Use Permit - Goldberg Properties, Inc. /DNRC Increase in Height Limit for Lowe's Building MEETING DATE: June 7, 2004 BACKGROUND: This is a request by Goldberg Properties, Inc. for a conditional use permit to increase the height limit in a B-5/PUD district from 45 feet to 54 feet. The property is located within the commercial element of the Spring Prairie Planned Unit Development in the northeast quarter of "Section 36". The staff recommended approval of the height increase subject to one condition, to comply with the terms of the PUD agreement. The Kalispell City Planning Board met on May 11, 2004 and held a public hearing to consider the request. At the public hearing the board considered a letter of opposition from the property owners to the east who own Mountain View Plaza and from Mike Fraser, local resident and engineer. They opposed the height increase because Home Depot could not exceed the 45 foot height limit and they felt allowing an increase to the Lowe's building was inequitable. After the public hearing, the board discussed the proposal and discussed whether this was an effort to obtain a larger sign and if the increase in height was for the building or for the sign. A motion failed on a vote of one in favor and five opposed to recommend to the Kalispell City Council that the conditional use permit be granted. RECOMMENDATION: A motion to deny the conditional use permit would be in order. However, should the city council determine that approval of this request would be in order, a conditional use permit for the request has also been attached for your consideration. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: City of Kalispell • City of Whitefish • City of Columbia Falls Conditional Use Permit for Goldberg Properties May 25, 2004 Page 2 Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: May 25, 2004 c: Theresa White, Kalispell City Clerk r _ Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report #KCU-04-6 and application materials Draft minutes from 5/ 11/04 planning board meeting TRANSMIT\KALISPEL\2004\KPP04-6MEM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 DENIAL OF CONDITIONAL USE APPLICANT: DNRC/Goldberg Properties, Inc. 1120 Lincoln Street Suite 903 Denver, CO 80203 LEGAL DESCRIPTION: Approximately 60 acres in the east half of the northeast quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Industrial/Commercial, B-5, with a PUD overlay The applicant has applied to the City of Kalispell for a conditional use permit to increase the height limit from 45 feet to 54 feet for the Lowe's building in the Spring Prairie PUD. The applicants would like to break up the 637 foot long building front by building a facade and installing their sign above this. The B-5 zone allows for an increase to 60 feet with a conditional use permit; however, the underlying PUD is restricted to 45 feet. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 11, 2004, held a public hearing on the application, took public comment and recommended that the application be denied. After reviewing the application, the record, including the record of the Kalispell City Planning Board public hearing and discussion, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby denies the Conditional Use Permit based upon the following findings: The City required the most recent and proximate commercial development, Mountain View Plaza, to meet strict height restrictions. For this reason, fairness and equity dictate that the same conditions apply to this commercial development. 2. The primary purpose of the building height restriction in the DNRC PUD is to protect the view shed of this entry corridor to the City of Kalispell. Approval of this Conditional Use Permit would compromise the protection of the view shed. Dated this 7th day of June, 2004. Pamela B. Kennedy Mayor City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: DNRC/Goldberg Properties, Inc. 1120 Lincoln Street Suite 903 Denver, CO 80203 LEGAL DESCRIPTION: Approximately 60 acres in the east half of the northeast quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Industrial/Commercial, B-5, with a PUD overlay The applicant has applied to the City of Kalispell for a conditional use permit to increase the height limit from 45 feet to 54 feet for the Lowe's building in the Spring Prairie PUD. The applicants would like to break up the 637 foot long building front by building a facade and installing their sign above this. The B-5 zone allows for an increase to 60 feet with a conditional use permit; however, the underlying PUD is restricted to 45 feet. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 11, 2004, held a public hearing on the application, took public comment and recommended that the application be denied. After reviewing the application, the record, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office, Conditional Use Report #KCU-04-6 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to increase the height limit from 45 feet to 54 feet on the Lowe's building in the Spring Prairie PUD subject to the following conditions: The proposal will be developed in conformance with the Spring Prairie Planned Unit Development for the site. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this 7th day of June, 2004. Pamela B. Kennedy Mayor 195 W. 12th Ave. Denver, Colorado 80204 (303) 759-8000 (303) 863-0275 Fax To: The Kalispell City Council From: Goldberg Properties, Inc. CC: Lowe's Date: 6/2/2004 Re: Lowe's of Kalispell It is our understanding the Planning Commission of the City of Kalispell has denied our variance request for a slightly taller fagade for our client — Lowe's. It is our understanding the signage as a whole meets the City of Kalispell zoning requirements as outlined. The Lowe's sign is and has always been below the 45 foot limitation and that the portion of the building that does exceed the 45 feet is an architectural element only. The length of the building is over 600 feet long and this element adds a gable of approximately 18 x 8 feet only — to break up the front of the building. The previous PUD allowed building heights to be up to 60 feet — we understand the 45 height limitation but the newly adopted PUD also requires us to provide as much interest in design as possible to steer away from the "big box" appearance of so many super stores. Because of the length of the building, we feel strongly the peak is truly an attempt to add interest and character to a significantly larger building set 300 feet back from the highway. In our dealings with the City and with staff, it has always been our desire to create as much variety and character to an otherwise "square box' as well as work within the requirements of the PUD. Attached herewith please find two diagrams: one showing the location of the actual sign as well as the height of the requested architectural feature and the other showing the change in the peak to meeting the current PUD. C:\Documents and Settings\coc\Local Settings\Temporary Internet Files\O1-K76\Memo to City Council re Height of Lowes building.doc : 7Y ORDINPNCE MA% HEIC.HI A °s ..°Sr N i0 EFANEM1 (/J - i.0. CO_......R- r � I _ T.O. M NRY �m g Z <y ________ _ _____ __ __ ___ _ _ _________________ Use 4 W �v B.O ACCENT BANtI m � LL O S. W a � FINISH FLODR O og 0 -0 PARTIAL ELEVATION --F-O- T O 53 RIDGE 2 �6 � a r i3O.:RnNE-y (n _ 39-fiV TO CO__.._. RNICEA s -a e T. 1AA NR gi m y U ' t W� �a N U sg a W N�a FO- n CENT BAN I1-& Ili Sao \ m W �ma FINISH FLO J r o -o PARTIAL ELEVATION Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityCcenturytel.net May 21, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - Goldberg Properties, Inc./DNRC Increase in Height Limit for Lowe's Building Dear Chris: The Kalispell City Planning Board met on May 11, 2004 and held a public hearing to consider a request by Goldberg Properties, Inc. for a conditional use permit to increase the height limit in a B-5/PUD district from 45 feet to 54 feet. The property is located within the commercial element of the Spring Prairie Planned Unit Development in the northeast quarter of "Section 36". Narda Wilson, with the Tri-City Planning Office presented staff report KCU-04-6 and evaluated the proposal. Staff recommended approval of the height increase subject to one condition, to comply with the terms of the PUD agreement. During the public hearing, the board considered a letter of opposition from the property owners to the east who own Mountain View Plaza and from Mike Fraser, local resident and engineer. They opposed the height increase because Home Depot could not exceed the 45 foot height limit and they felt allowing an increase to the Lowe's building was inequitable. After the public hearing, the board discussed the proposal and discussed whether this was an effort to obtain a larger sign and if the increase in height was for the building or for the sign. A motion failed on a vote of one in favor and five opposed to recommend to the Kalispell City Council that the conditional use permit be granted. Please schedule this matter for the June 7, 2004 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Geor e Tay1 President Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Goldberg Properties, Inc. Conditional Use Permit May 21, 2004 Page 2 GT/NW/ma Attachments: Staff report KCU-04-6 and application materials Draft minutes S/ 11/04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Gina G. Patrick, Goldberg Properties, Inc., 1120 Lincoln Street, Ste 903, Denver, CO 80203 State of Montana, DNRC, 2250 Highway 93 North, Kalispell, MT 59901 KALISPELL\TRANSMIT\2004 \KCU04-6. DOC GOLDBERG PROPERTIES INC / DNRC REQUEST FOR CONDITIONAL USE PERMIT TRI-CITY PLANNING OFFICE REPORT #KCU-04-6 MAY 4, 2004 A report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow an increase in the height limit in a B-5 / PUD district. A public hearing to review this request has been scheduled before the planning board on May 11, 2004 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION: 4. Petitioner: Gina G. Patrick Goldberg Properties, Inc. 1120 Lincoln Street Suite 903 Denver, CO 80203 (303) 759-8000 Owner: State of Montana Department of Natural Resources 2250 Highway 93 North Kalispell, MT 59901 (406) 751-2243 B. Size and Location: The property where this conditional use permit would be in place is within the commercial element of the Spring Prairie Planned Unit Development which is located in the northeast quarter of "Section 36." The entire commercial development site has approximately one half mile of frontage along Hwy 93 and is generally described as being approximately 60 acres in the east half of the northeast quarter of Section 36, Township 29 North, Range 22 West, PMM, Flathead County, Montana. C. Summary of Request: This is a request for a conditional use permit to allow an increase in the height limit from 45 feet to 54 feet for the Lowe's building proposed as part of the Spring Prairie PUD located in Section 36 commercial development area. Lowe is planning on developing the first structure within this planned unit development (PUD) that was approved by the Kalispell City Council in December of 2003. The underlying B-5, Industrial / Commercial zoning for the PUD has a provision for allowing an increase in building height from 40 feet up to a maximum of 60 feet with a conditional use permit as provided for under Section 27.17.040(4) of the Kalispell Zoning Ordinance. However, one of the PUD amendments approved by the City Council in December of last year allows for a 45-foot height limit within the development. The developers are requesting this increase in the height limit from 45 feet to 54 feet as provided for under the zoning and within the PUD to break up the 637 foot long building front. This also provides a mechanism for Lowe's to create their entryway by adding an significant architectural element D. Existing Land Use and Zoning: This property is currently undeveloped and is part of the Spring Prairie Planned Unit Development and lies within the W commercial development component. This commercial development component contains a total of approximately 80 acres with the area committed to the initial phase of development containing approximately 60 acres. The Lowe's site including the building and parking lot will contain approximately 15 acres within the development site. The underlying zoning for the commercial component of the PUD is B-5, an Industrial / Commercial zoning district. The PUD further restricts the uses allowed in the development area and has special design standards that relate to building facades, landscaping, parking, access and internal driveways. E. Surrounding Zoning and Land Uses Zoning: This is an area in transition at the urban fringes of northern Kalispell. There are a mix of uses in the immediate area as listed below North: Multi -family residences, County RA-1 zoning East: Undeveloped ag lands, B-5 / PUD zoning South: Athletic fields, P- I zoning West: Mountain View Plaza and undeveloped, B-2 / PUD and County SAG-10 F. Relation to the Growth Policy: The Kalispell Growth Policy 2020 recognizes the Neighborhood Plan for the Spring Prairie (Section 36) properties. It is a plan for development of the approximately 620 acres of land owned by the Montana Department of Natural Resources as a school trust land. The neighborhood plan for this property has a provision for commercial / retail development on this portion of the site. The proposed conditional use permit complies with the neighborhood plan and growth policy for this area. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwest Energy Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell EVALUATION OF THE REQUEST The application is reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. AdP-state Useable Space: There is adequate useable space for the proposed uses on this property which have been extensively evaluated under the planned unit development review process. Adequate Access: Access to the property will be from new accesses developed off of Hwy 93 with the review and approval by the Montana Department of Transportation and the City of Kalispell. Access to the site is good. b. Fnvrronmental Constraints: The site is generally level with no apparent unusual environmental challenges. An engineered drainage plan will be required to be submitted to the Kalispell Public Works Department which addresses the on -site retention of storm water as well as the extension of water and sewer to the site. 2. Appropriateness of design: a. Parking and site circulation: The proposed conditional use permit would not be subject to review for site design since the site has already been extensively evaluated under the planned unit development review process and found to be adequate. A reduced copy of the site plan for the entire Spring Prairie has been submitted for informational purposes. There is adequate parking and the site circulation is good. b. Open .n Space: Please refer to the enclosed site plan provided for informational purposes on the open space associated with the Spring Prairie PUD. C. F .nci 9creening/Landscaning: Landscaping for the entire site has been planned and reviewed and approved under the Spring Prairie PUD for this property. The landscaping is indicated on the site plan provided for your information. d. Signs: The sign for the Lowe's building will be incorporated into the parapet that extends above the building and is part of this proposal. Signs for the PUD are in compliance with the overall development plan for the site. A rendering of the building facade has been submitted by the applicant that indicates how the sign will be incorporated into the building which does not exceed that allowed under the PUD 3. Availability of Public Services/Facilities: a. Schools: This site is within School District #5. No impact is anticipated from the proposed office. b. Parks and Recreation: There is a City park to the south of this property in close proximity of the site that may be used by patrons of the site. Impacts to the parks are anticipated to be minimal. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed residential facility. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed office. Compliance with the Uniform Fire Code will be required. 3 The Kalispell Fire Marshal has reviewed this proposal and no new hydrants or special considerations are warranted as a result of this building, and fire needs can be accommodated with the existing hydrants in place and existing access. Water and -ewer: Water and sewer will be provided by the City of Kalispell and will simply entail the extension of service lines from existing mains from Hwy 93. Water and sewer services can be provided by the City of Kalispell with some impacts to the City system or existing capacity. e. Solid Waste: Solid waste pick-up will be provided by the City of Kalispell or private hauler. A solid waste pick up area has been indicated on the site plan and no special accommodations are anticipated to be required to meet this need. f. Streets: Typical traffic generated from these types of uses could be significant but the increase in height of the building will not increase the traffic associated with the use on the property. 4. Neighborhood Impacts: Development and land use impacts associated with the increase in height will be negligible. 5. Consideration of historical use patterns and recent changes: The proposal is generally compatible with the immediate area, where the planned unit development was approved west of another large retail center. 6. Effects on property values: Minimal negative impacts on property values are anticipated as a result of this use. The proposal is compatible with the neighborhood, existing land uses and the development pattern in the area. RECOMMENDATION Staff recommends that the planning board adopt the staff report #KCU-04-6 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 3. The proposal will be developed in conformance with the Spring Prairie Planned Unit Development for the site. 4. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. NW REPORTS \KALISPELL\2004 \KCU04-6 4 1120 Lincoln Street, Suite 903 Denver, Colorado 80203-2136 (303) 759-8000 x 39 (303) 863-0275 Fax Memo To: Mr. Tom Jentz From: Gina G. Patrick CC: Mr. Jack Mandel Mr. Jack Swanson Date: 4/5104 Re: Submittal for Height Variance Thank you for taking the time to meet with us last week. APR 0 6 2004 TR ITY PLANNING OFFICE Per your request, enclosed please find 20 color elevations of the Lowes building. I have also enclosed an application for the conditional use and the legal description of the said site. Jane Eby of Eby and Associates will be requesting a certification for the adjoining land owners from the Plat Office sometime tomorrow. It is my understanding we are trying to go in front of the Planning Board on the 11 `h of May with appearance before City Council in June. Please advise if this is not accurate. The purpose of this request for variance of the front facade to 54 feet in height is to break up the 637 foot long building front. This will also allow Lowes to frame their entryway by adding an architectural element to be seen from Highway 93. This requests exceeds the new 45 foot height limit identified in the Amended PUD but is shorter than the 60 foot height limit identified by the underlying B zoning. As you are aware, these are the same proposed building elevations presented to the Planning Board and City Council in November and December of 2003. Should you have any questions, please do not hesitate to contact me. I appreciate your help. 1AAdministrative\Forms and UstsTormsWemo.doc Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED USE: OWNER(S) OF RECORD: Name: 15k, ' X m Mailing Address: OU 11) 0 City/State/Zip: t �G�yl7/Ail 1 � lti! Phone: ZIJP�-75I — R,9Y 3 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: C�DIGZ�G �Yft/�iYfl 4�ti-e'-> Mailing Address: City/State/Zip: b&Jv4e-J,(_ Ld'CDi_4dG PO F) Phone: &3"-76f -yo-v� LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Streeter Sec. Town Range Address: No. ship No. &1eeocr1017ek- j�/lg �ro Subdivision Tract Lot Bloch Name: No(s). No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. i 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and developm�ent�p)roce s Re— Aylicant Si ature D to 1, - -( .- ' I ' 1CBR "T r-7 - WEST W8S—eR��E Id JD 1'-5 Subject Pro e 5'TRESERVE DR QCIT C35 30l VICINITY MAP GOLDBERG PROPERTIES, INC. CONDITIONAL USE PERMIT REQUEST FOR AN INCREASE IN HEIGHT FROM 45 FEET TO 54 FEET FOR THE LOWE'S BUILDING IN THE B-5 PUD DISTRICT PLOT DATE: 4/13/04 7TT 7 -4t TIC TT-n1i Qf- AT n 1ll — onn' 14-\ gis\ site\ kcu04 5.dwg May 7, 2004 Ms. Narda Wilson Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana 59901 Re: Proposed Request / Spring Prairie PUD (Section 36) Via email: trieitynarda@centurytel.net and US Mail Dear Narda: We are in receipt of the Notice of Public Hearing regarding the proposed request for a conditional use permit allowing Lowes to increase its building height from 45 feet to 54 feet in the Spring Prairie PUD. As developers of Mountain View Plaza, we strongly encourage additional retail development at that intersection. Indeed, we are proud to have built the infrastructure that has encouraged the development of the Section 36 property. With that said, we strongly oppose the request to raise the Lowes building height from 45 to 54 feet. Our primary reason for this opposition is our belief that all developments in that area should be kept to similar if not identical standards. We have been concerned with past inequities and this is another example. Please note that the Mountain View Plaza PUD restricts building height at the rear of the tract (Home Depot, Target) to 38 feet and allows an additional 7 feet of parapet height for screening of roof -mounted equipment. (Section 2.01D) The Board may recall that the additional 7 feet of screening was allowed only because of reasonable concern that one would see giant rooftops given the finished floor of the development which is considerably below US Hwy 93. The front half of Mountain View, closest to but still below US 93, is restricted to a an overall building height of 28 feet. Another concern, and hopefully what is the primary reason for local opposition, is the enormous physical impact a 54 foot tall building would have on the Spring Prairie development and its surroundings. US Hwy 93 is basically level with what will be the finished floor of the proposed Lowes. Consequently, the sight -impact of such a tail structures) would be drastically inconsistent with that of the surrounding area. Quite frankly, the currently allowed height of 45 feet is too high for that comer. We would appreciate that the Board and the residents of Kalispell respect our opinion as the developer of what we believe is indeed a "first-class" retail development_ Mountain View became the development it is through a very thorough and significantly restrictive planning process. We would like others held to similar standards. Thank you for your attention and consideration. Sincerely, On behalf of Mountain View Plaza, LP Stan Beard, Jr. Cc: Scott Deskins Allen Crosswell Mike Fraser Kalispell City Mayor and Council North, Range 22 West, No. 3129 F.M.M.. Flathead Coun- NOTICE OF PUBLIC ty, Montana HEARING 3. A request for a can- KALISPE':=_ 1TY ditional use permit to of - PLANNING BOARD low the operation of a AND ZONING COM- day care center on MISSICN property zoned H-1, May =1.2004 Health Care, as pro - The scular meetina of bosom by Immanuel Lu- ths Kalispell City Plam hera . Corporation. The ping Board and Zoning applicants are propos- Commisslon 's coned- ing converting a single filed for Tuesday, May family home Into a day 1 f. 2004 beginning at care center for up to 40 7:00 PM in the Kalispell children that will operate City Ccundl Chambers, during the day Monday Kalispell City Hail: 312 through Friday. Day First Avenue East, Ka- care centers are =listed iispeil. The planning as a conditionally per - board will hold a public miffed use in the H-1 hearing and take public zoning district. The comments on the follow- prole g address is 103. ing agenda items. The Crss,ma IAvenue and Board will make a roc- can be described as.As- emmenciatien to the Ka-- sessors Tract 6K and lisped Ciy Council fine Lat 14, Block 2 Richland will take final action. Park Subdivision [coat- 1.A request for a con- ditional use permit to al- - ad in Section 7, Town - low a community real- ship 28 North, Range 21 dential facility for wom- West, P.M.M., Flathead' en on property, zoned R- County, Montana. 2, Single Family Rest- 4. A request for a con - central, as proposed by, ditional use permit to al - the Violence Free Crisis low an increase in. Line. The home would height for the Lowes.' provide transitional' buiding from 45 feet to housing in a safe and:. 54 feet in an B-5 It PUD. secure environment yp-. zoning district that is,. part of the Spring Prairie". toady to women and:. children who are victims (Section 36) planned of domestic abuse,.... unit development. The Community residential:. property is. located at: facilities for eight or few-- the southwest corner of"I at people are listed as ao' Hwv 93 and West Re - conditionally permitted': serve Drive and can be use in all residential dis-. described as approxi.-: tricts. Community resi-- mately 13.43 acres ih: dential facilities for eighty the NE4 NE4 SE4 NE4.::': or fewer people have an of Section 36, Townshipr: exempt status under the 29 North, Range 22. :. state statutes and can=-. West, P.M.M., Flathead not be denied by the County, Montana. local government. The 5. A request for a property where the use:. change in zoning oft; is proposed is 1505 several properties from! South Woodland Drive, R-3, Single Family Rest - and can be described: dential to RA-3, a Resi-�. as :he south 20 feet of dential Apartment ! Of - Lot 2, Lots 3 and 4, and face district for the pur-. the west 25 feet of the pose of constructing north half of Lot 6 of apartments. The proper- LeDuc Addition located: ties contain app•exi- n Section 17, Township. merely `rive acres und= 28 North Range 21, are located an the east. Nest, P.M.M.. Flathead side of North Meridian: County, Montana Road, north of Underhills 2. A request for a con- Court. The properties:= ditional use permit to ak are currently undevel- pw for the construction oped and a conditional CT a duplex on a of use permit for the apart has been filed., vmcn would allow more merits concurrently with the. ;ran one principal strut- ,fire on the property zone change request.. nee RA-i. Lew Dent-- Properties can be he - scribed as Tracts i & 2 If zoning his- of Carti icate Of -iot, fit. There is currently a- n Sectin , - .:rolex on the prooety cater ar - Liberty _t-786 '.. owns, p _8 North. 72ei and the additional Range 21 ?Vest, ,,:fax ,equires a coral- P.M M. -questfor a con- T .>i .rise permit- ,he .erty s:ocatea st ditloaal use permit on ,e -:rid jT- L.aery Street -roneny propdSaa -or 'r he Borth side ,f -zoning -cm R ,rn-. Gab. he probeav can 'se pI6 amiiv Fesrdanuto to 9A-3, a Residential nescrioed as I c, -na ;ne aeimning '0. -rartmenvOtfce dtstnct- set a -ormer hgnr r or me purpose. f .,on- Te rl e_T - 0- a',: StruC .9g --oar r`-I tits. -he-. nt_ins an 12. : cwnsn -� ss - al Tiv 3ppr0 ImaielV r dE3 aCtBS STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION SWORN, DEPOSES AND SAYS: THAT SHE IS TH LEGAL CLERK OF THE DAILY E`; T ER LAi£E A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTi AND THAT NO S129 LEGAL ADVERTISENLENT WAS PRINTED AN PUB LISTED IN THE REGULAR AND ENI IZE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF APR 25, 2004 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED F9R THE SAME NUMBER OF INSERTIONS. i Subscribed and sworn to before me tGl. h. Iff AD. APR 26, 2004 Notary Public for the State ol- Monti irti,_i� r Residing in Kaiispeil My Commission ---Aires -)li IQ5, and is located on the east side of North Men; than Road, north of Un- derhtil Court. The devel- coer proposes eightin- dvidual buildings that would create a total of ,to to 67 dwelling units. The properties can be .ascribed as Parcel A & 3 of Certificate of Sur- va_v =15239 and Tract 1 of Gartfficate of Survey -11-86 in Section 7, Township 28 North, Range 21 West, P.M:M., Flathead Coun- ty, Montana 7. A request for pre- liminary plat approval of Stratford Village Phase 4. a 23 lot residential subdivision - 20 town- house lots and 3 single- famiiy lots — an apprcr Imately 3369 acres lip southwest Kalispell -at the west end of Blue- stone- The property is zoned R-4, Two Family Residential and is par, of a 101 lot residential subdivision. This would be the last of the subdi- vision phases. The property can be descri- bed as a portion of As- sessor's Tracts 6L locat- ed in Section 19, Town- ship 28 North, Range 21 West, P.M.M., Flathead County, Montana. 8. An amendment to the Kalispell Zoning Or- dinance initiated by the City of Kalispell to ad- dress changes to Chap- ter 27,24, Sign Regula- tions. The proposed amendments are the re- sult of work sessions held with the Kalispell. Planning Board and are intended to bring con- sistency to the regula- tions, address tempora- ry signs and others anc to streamline the en forcement process. Documents pertaininc to these agenda item: are on file for public in seection at the Tri-Cib, Planning Office, 17 Sec and Street East, Suite 211, Kalispell, MI 59901, and are avails ore for public reviem during regular office hours. Interested persons are encouraged to client the hearing and make heir views and con earns known to ma Board. 'Written SOm merits may be submit red To The T ri-City Plan ring Oftice at the aoovt address orior €o thi late of he ieanna, .,ou may contact'Jard, vilscn mo• ' anne r 106i :.,1 _i,B50 Jr'_ ,tali tnctvaarda @ cemuryfe "let for �polilbna,- Info) ' Jon. ,,-'norras R. Jentz :Gn'ie , anTz inning 3:rector ;pn; _5. -00,