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
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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
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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,