Resolution 5713A - Adopts Growth Policy Amendment - Spring Prairie Phase 4RESOLUTION NO.5713A
A RESOLUTION ADOPTING AN AMENDMENT TO THE KALISPELL GROWTH
POLICY 2020, TO BE KNOWN AS THE SPRING PRAIRIE PHASE 4 AMENDMENT.
WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy 2020 was originally adopted
by the Kalispell City Council on February 18, 2003; and
WHEREAS, TKG Spring Prairie Development Four LLC (TKG) formally requested a growth
policy amendment on 28 acres within a portion of the south half of Section 36,
Township 29 North, Range 22 West, Flathead County and as more fully described on
Exhibit "A" by changing the designation of land from Public and Open Space to
Commercial; and
WHEREAS, when the Kalispell Growth Policy 2020 was first adopted, this subject parcel of
property, located in the southwest quarter of Section 36, was a part of the public and
open space within the Kidsports master plan and there was no existing commercial
development nearby; and
WHEREAS, since that time the Kidsports recreation development has expanded and revised its
master plan and commercial development has also occurred adjacent to this property
and along Highway 93; and
WHEREAS, in consideration of these facts, the Montana Department of Natural Resources and
Conservation, the Kidsports administration and TKG have conferred and concluded
that the subject property would be best suited developed as a commercial use; and
WHEREAS, on March 10, 2015, the Kalispell City Planning Board held a public hearing, after due
and proper notice, received public comment upon, and reviewed Kalispell Planning
Department report #KGPA-15-01, which evaluated the proposal based upon the goals
and objectives of the Growth Policy and current circumstances in the planning
jurisdiction; and
WHEREAS, at the conclusion of said public hearing and after consideration of the proposed
amendment, the Kalispell City Planning Board adopted report #KGPA-15-01, as the
findings of fact and recommended approval of the proposed Growth Policy
amendment; and
WHEREAS, the City Council of the City of Kalispell, on April 6, 2015, passed Resolution 5711, a
Resolution of Intention to Adopt, Revise or Reject a Proposed Amendment to the
Kalispell Growth Policy 2020 and called for a public hearing to be held on April 20,
2015; and
WHEREAS, the City Council of the City of Kalispell, after due and proper notice, held a public
hearing on April 20, 2015, and received two (2) oral public comments on the
1
recommendations of the City Planning Board and the Kalispell Planning Department
report #KGPA-15-01; and
WHEREAS, based upon the recommendations of the Kalispell Planning Board, as well as
consideration of the evidence provided by public comment, the City Council of the
City of Kalispell finds that it is in the best interest of the City to amend the Kalispell
Growth Policy 2020, pursuant to the recommendations of the City Planning Board
and to adopt, as its findings, Kalispell Planning Department report #KGPA-15-01,
and to amend the designation of property located within a portion of the south half of
Section 36, Township 29 North, Range 22 West from Public and Open Space to
Commercial in the Growth Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That pursuant to Section 76-1-604, MCA, the Kalispell City Council hereby
adopts as an amendment to the Kalispell Growth Policy 2020, the designation
of property located on a portion of the south half of Section 36, Township 29
North, Range 22 West and as more fully described on Exhibit "A" from
Public and Open Space to Commercial, as fully described in Kalispell
Planning Department report #KGPA-15-01 attached hereto and incorporated
fully herein by this reference.
SECTION 2. This Resolution shall become effective immediately upon its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 20TH DAY OF APRIL, 2015.
ATTEST:
Airle Brunckhorst, CMC
City Clerk
Mark JohtUn
Mayor
2
EXHIBIT "A"
TKG SPRING PRAIRIE DEVELOPMENT FOUR
THAT PORTION OF THE SOUTH ONE-HALF (S 1/2), SECTION THIRTY-SIX (36),
TOWNSHIP TWENTY-NINE NORTH, RANGE TWENTY-TWO WEST (T. 29N R. 22W),
PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER ONE -QUARTER CORNER OF SAID SECTION 36;
THENCE ALONG THE EAST -WEST MID -SECTION LINE OF SAID SECTION 36, S89°58'06"E
867.68 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF RESERVE LOOP AND TO THE
BEGINNING POINT OF A CURVE TO THE LEFT HAVING A RADIUS OF 935.04 FEET FROM
WHICH THE RADIUS POINT BEARS N21002' 33"E, THENCE ALONG SAID RIGHT-OF-WAY
AND ALONG SAID CURVE AN ARC LENGTH OF 342.96 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY S89058'22"E, 57.56 FEET TO THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY S89058'06"E 1249.19 FEET TO THE WESTERLY RIGHT-OF-
WAY OF U.S. HIGHWAY 93; THENCE ALONG SAID RIGHT-OF-WAY S00°09' 13"W 47.74
FEET; THENCE S14°02'47"E 61.86 FEET; THENCE S00°12'01"W 1000.10 FEET; THENCE
S14°16'50"W 41.18 FEET; THENCE S00°11'01"W 299.89 FEET; THENCE LEAVING SAID
RIGHT-OF-WAY N89050'21"W 80.07 FEET; THENCE S00°09'27"W 99.93 FEET; THENCE
N89049'53"W 225.04 FEET; THENCE N00010'48"E 232.29 FEET; THENCE N44036'56"W
257.08 FEET; THENCE N90°00'00"W 363.66 FEET; THENCE N00°01'47"W 831.87 FEET;
THENCE N89058'06"W 400.00 FEET; THENCE N00°01'47"W 300.00 FEET TO THE TRUE
POINT OF BEGINNING, CONTAINING 28.233 ACRES.
3
AMENDED TKG SPRING PRAIRIE DEVELOPMENT FOUR
REQUEST FOR GROWTH POLICY AMENDMENT
STAFF REPORT #KGPA-15-01
REQUEST FOR ZONE CHANGE
STAFF REPORT #KZC-15-01
REQUEST FOR A PLANNED UNIT DEVELOPMENT
STAFF REPORT #KPUD-15-01
REQUEST FOR MAJOR SUBDIVISION PRELIMINARY PLAT
STAFF REPORT #KPP-15-01
KALISPELL PLANNING DEPARTMENT
FEBRUARY 25, 2015
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request from TKG Spring Prairie Development Four, LLC (TKG) for a growth policy
amendment from Public/ Quasi Public Open Space to Commercial, zone change from P-1
(Public) to B-2 (General Business), a Planned Unit Development (PUD) overlay and
preliminary plat approval for 14 lots on the 28 acre project site. The 28 acre project site
can be described as the south half of Section 36, Township 29N, Range 22W, P.M.M.,
Flathead County, Montana. A public hearing has been scheduled before the planning
board for March 10, 2015, beginning at 7:00 PM in the Kalispell City Council Chambers.
The planning board will forward a recommendation to the Kalispell City Council for final
action.
BACKGROUND INFORMATION
TKG is requesting permission to develop a 28 acre site located on the southwest corner
of US 93 North and Old Reserve Drive into 14 building pads to be utilized for general
commercial development similar in nature to phases 1-3 of Spring Prairie to the
immediate north. This site is Phase 4 of a four phase development. The site is bounded
on the north by Reserve Loop and Spring Prairie Phases 1-3, on the west and south by
Kidsports, and on the east by US Highway 93. This is a multi -application process
occurring on State School Trust Lands. TKG will be developing this project via a lease
with the Department of Natural Resources and Conservation who oversees State School
Trust Lands. TKG is requesting to utilize all municipal public services including water,
sewer, police and fire services. The applicants will need 4 specific approvals from the
City of Kalispell:
a. Growth Policy Map Amendment - The applicants will be required to apply
for an amendment to the Growth Policy Map. Five acres of the 28 acre site
are currently designated for commercial development. The remaining 23
acres are designated "Public and Open Space", reflecting a time when this
was the site of the DNRC State Administrative offices abutting Kidsports.
The amendment will be to change the 23 acres designated on the Growth
Policy Map as "Public and Open Space" to "Commercial" to accommodate
the scale of the commercial project proposed.
1
b. Zone Change - The site is currently zoned P-1 Public. The applicants are
requesting B-2 General Business to accommodate the proposed retail and
service uses for the entire 28 acres. The uses permitted within B-2 are in
keeping with the existing Phases 1-3 of Spring Prairie (Costco, Lowe's and
Cabela's).
c. Planned Unit Development Overlay Zone - This is a zoning tool that will
serve to allow flexibility in layout and improve overall design for the entire
28 acres. Phases 1-3 of Spring Prairie are part of the original Spring Prairie
PUD. A new PUD will be crafted but it is proposed to greatly resemble the
existing PUD standards and provisions.
d. Subdivision Approval - The applicants are submitting a 14 lot preliminary
plat for review to accommodate 14 building pads. This process insures the
proper planning and oversight of public services such as; water, sewer,
storm water, streets, intersections, traffic control, etc. are provided for.
This staff report will address all four requests; growth policy amendment, zone change,
planned unit development overlay district and preliminary plat. Each request will be
reviewed with a recommendation and unified set of conditions at the end of the report on
page 31. Throughout the staff report references are made to application materials
submitted for the project including exhibit maps and tables. A copy of this information
is available at the Kalispell Planning Office and attached hereto for reference.
A. APPLICANT: TKG Spring Prairie Development Four, L.L.C.
211 N. Stadium Boulevard
Columbia, MO 65203
AGENT: Flower 8v Stone, Ltd. (Karen Blumenstein)
88 Inverness Circle Drive East
Building G, Suite 103
Englewood, CO 80112
B. Location and Legal Description of Property
The 28 acre building site is bounded on the north by Reserve Loop and Spring
Prairie Phases 1-3, on the west and south by Kidsports, and on the east by US
Highway 93. The site is situated in the south half of Section 36, Township 29N,
Range 22W, P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning
The subject property is currently in the City zoning jurisdiction and is zoned P-1.
The P-1 zoning district is intended to provide and reserve areas for public uses in
order to preserve and provide adequate land for a variety of community facilities
which serve the public health, safety and general welfare. Such public uses would
include schools, public buildings, parks, airports, jails, utilities, etc.
2
The 28 acre project site is currently being used as the old Department of Natural
Resources and Conservation (DNRC) office building and Kidsports cross country
track. DNRC has relocated their facilities and the office building is currently
unoccupied. The cross country track loops around the south end of the property
and connects back to the west end of the property owned by Kidsports. There is
also a pond on the site which receives the storm water flows from Costco. As part
of this project the DNRC building, cross country track and pond are being
removed. The remainder of the property is undeveloped grasslands.
D. Adjacent Land Uses and Zoning
North: Commercial development; City B-5/PUD zoning
West: Kidsports parkland; City P-1 zoning
South: Kidsports parkland and Montana Department of Transportation (MDT)
detention pond; City P-1 zoning.
East: Commercial development and Flathead Valley Community College;
City B-2/PUD, City P-1 zoning and City R-1.
Figure 1 - Vicinity Map and Zoning:
Zoning and Growth Policy Future Land Use
3
E. General Land Use Character
The area of the proposed development site can be described as a mix of uses
consisting of a DNRC vacant office building and parking facilities, undeveloped
grasslands, Kidsports facilities, commercial development and institutional. The
DNRC office building is located on the eastern portion of the 28 acre building site
with access being taken from Reserve Loop to the north. The office building is
surrounded primarily by grasslands and a pond that collects drainage from the
surrounding area. The Kidsports facilities to the south and west have developed
baseball fields, soccer fields, football fields and a cross country track. These
facilities are one of the largest sport complexes in the State of Montana and are a
major attraction during kids sporting events that happen throughout the year.
Further to the west of Kidsports, future residential and commercial development is
proposed along the arterial and collector road system. To the north and east of the
project site commercial uses such as; Costco, Lowe's, Cabela's, Wal Mart and Target
have been developed. Flathead Community College is developed directly to the east.
These general commercial and institutional uses have developed with a dependence
on convenient access to Highway 93 and the arterial roadway system which will
connect to the Alternate Highway 93 (Kalispell Bypass) in the next two years.
F. Utilities and Public Services
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
West Valley School District (Elementary) 8v Kalispell School
District 5 ( High School)
Fire:
Kalispell Fire Department
Police:
City of Kalispell
G. Overall Project Description
The project site is 28 acres and is Phase Four of a four phase development. Phase
One consisted of a Lowe's Home Improvement store with three smaller pads.
Phase Two includes Costco Wholesale Store with gas station and three smaller
pads. Phase Three includes a Cabela's with six additional stores attached and five
smaller pads. The proposed development for Phase Four will include creating 14
commercial lots consisting of large and small retail. At this time the tenants are
not known, but the developer envisions a full service department store and
grocery store within the anchor building and a mix of smaller retailers focused on
specific segments within the outlots. Within the vicinity of Kidsports, the project
will create a commercial driver to support significant visitor traffic to the athletic
facilities. Site development will include grading, parking lots, approximately
250,000 square feet of commercial buildings, detention pond and landscaping. In
addition to the development of the commercial facilities the applicant is going to
grade lacrosse fields on the northwest end of the Kidsports property. Grading the
lacrosse fields facilitates a need for both the applicant and Kidsports. In the
F
process of grading the lacrosse fields for Kidsports the applicant will receive fill
material for the project site. The grading of the project site will include filling in
the pond and creating the building pads for the commercial buildings.
The project site plan depicts an irregular -shaped 28 acre parcel bounded by
Kidsports on the west and south, Reserve Loop on the north and US Highway 93
on the east. The project site will consist of 10 outlots bordering Reserve Loop on
the north and US Highway 93 on the east. The four anchor store lots are on the
west end of the property bordering Kidsports. Internal streets connect parking
facilities located primarily within the middle of the property with smaller parking
islands located near the outlots. Ingress and egress will be taken via two
driveways along Reserve Loop and three driveways along US Highway 93. A new
traffic light will be installed at the most southern ingress and egress along US
Highway 93 at the intersection of Flathead Community College. The other two
ingress and egress accesses along US Highway 93 are right -in only. Pedestrian
walkways are shown connecting the outlots to the sidewalk along Reserve Loop to
the north and to the bike path along US Highway 93 to the east. Pedestrian
access ways are also shown within the development connecting the outlots to one
another and to the anchor stores. Landscaped islands are proposed within the
parking areas separating the different parking areas of the development. A new
detention pond is on the south end of the parcel for storm water runoff.
Figure 2 — Site Plan'
aVfsrorl• s
tutor, . n
�r sir e;
„dr
rvJ,l77t
if r>
'RvwYV Coop
v�r f�,: ✓ ,y,
0 ors �
Store's
tcots
1« ov, sw * M 'a '< 'Ir
.
i
..
5
I. EVALUATION OF THE GROWTH POLICY AMENDMENT
The developer is requesting a growth policy amendment for approximately 23
acres of the 28 acre site from Public and Open Space to Commercial. The Public
and Open Space land use designation was placed on the southern portion of the
property upon the adoption of the Kalispell Master Plan Year 2010 in 1986. The
northern portion was given a land use designation of both Commercial and Public
and Open Space upon adoption of the Kalispell Growth Policy 2020 in 2003. In
general terms, the public and open space land use designation is given to provide
for a diversity of recreational facilities on both private and public lands.
Fiaure 3 - 2010 Master Plan Land Use:
0
Souutheiruu PoirUon Gven
01pein Space Desngrnatuoin
as
e"
Figure 4 — 2020 Growth Policy Land Use Designation:
In addition to the land use designations, the DNRC Neighborhood Plan Section 36
(Section 36) was adopted in 1999. This plan encompasses 620 acres of the 640
acres in Section 36. The subject property is a 28 acre parcel located in the
southeast portion of Section 36. In the City of Kalispell, neighborhood plans are
adopted as an addendum to the City Growth Policy and are considered viable.
Neighborhood plans are typically plans that detail a more specific vision for
development within a defined area or outline a specific development project or
proposal in a defined neighborhood area. Neighborhood plans may be used as a
tool to amend the growth policy and to coordinate and clarify development within
a neighborhood that has specific issues or areas of concern. A neighborhood plans
focuses on an area in order to provide clarity and predictability for future
development and served to refine the goals and policies of the growth policy
providing guidance at the neighborhood level.
Section 36 is a land use plan to guide the future use and development of the
School Trust Lands with two goals in mind; to achieve a public mandate to
generate revenue for the state school system, and to consider issues of
neighborhood compatibility and relationships to local land use plans and
regulations. When this plan was approved it was a new concept. It was not a
requirement for DNRC to get local approval for development of state land
FA
properties. Based on several factors, it was beneficial for both the DNRC and the
City of Kalispell to develop a land use plan for the state owned land within Section
36. An overall guiding premise to this plan was to seek neighborhood
compatibility of uses within the constraints of the DNRC's role as a land manager
responsible for generating the largest legitimate return of revenue from the leasing
of school lands. All proposed uses would be developed on leased lots and the
DNRC would not participate in the development of any structures, roads,
infrastructure, or any other improvements. State-owned lands are perceived by
many as being held in perpetuity as forest, agriculture, or in this case open space,
when in fact, trust lands such as Section 36 were granted to the State of Montana
for the sole purpose of generating revenue for the Montana School system. Under
Section 77-1-601, MCA, the DNRC is mandated "to seek the highest development
of state owned lands in order that they might be placed to their highest and best
use and thereby derive greater revenue for the support of the common schools,
the university system, and other institutions benefiting therefrom, and so doing
the economy of local community as well as the state is benefitted as a result of the
impact of such development".
Section 36 planned for development within four pods; mixed commercial, mixed
professional, mixed residential and sport fields (Kidsports). At the time the plan
was developed there was not any foresight into the aspect of the sports fields
being developed into anything other than recreational since there was a lease
agreement on this portion of Section 36 with the City of Kalispell. However, since
that time the city has experienced rapid commercial development to the north and
east of the project site. The new commercial development in the area has
drastically increased the lease market for any property within Section 36. Since
Kidsports is a nonprofit organization it is not in the position to pay for the
"highest and best use" of the property and they were at risk of losing their lease
with the state. Accordingly, over a four year period culminating in 2013 the City of
Kalispell, Kidsports and DNRC negotiated an agreement whereby the city was able
to purchase a permanent easement from the DNRC for the property. In
conjunction with the transaction, Kidsports agreed to release 13 acres of the
subject property back to the DNRC who already had 15 acres of vacant land at the
corner of US Highway 93 and Reserve Loop so that they could proceed with
developing the property for commercial use. While the 2020 Plan does not
designate the property as commercial, the city's conduct has clearly evidenced its
support and belief that the highest and best use of the property would be for
commercial development.
E:
Fiaure 5 - Section 36 Land Use Plan:
Map Exhibit A
undo Neighborhood Plan
Land Use dap
*+nrm+u¢ a,�Aua
Fr�iswa�ry m. ]WN'9
No specific criteria have been outlined to address amendments to the growth
policy, but amendments generally follow public interest criteria. Elements of
those criteria are basic to most comprehensive land use plans, which are a
common tool in most communities. In this case the Growth Policy 2020 and
Section 36 Neighborhood Plan are used to provide a general and comprehensive
outline of community goals and expectations about where and how the subject
property should develop.
In order to provide a framework for analysis and evaluation of the proposal a
general outline of public -interest criteria related to a proposed change in land use
is used. The following criteria for evaluation will be established as follows:
1. Changes in circumstances that warrant the amendment;
2. Compliance with the overall goals and policies of the growth policy when
considering following specific elements of the plan:
• Growth Management,
• Land Use: Business and Industry,
• Economy,
• Natural Environment,
• Parks and Recreation,
• Transportation,
• Infrastructure and Public Services
G7
• Neighborhood Plans,
The proposed plan amendment will be considered in the context of the current
Kalispell Growth Policy 2020 as well as current and future development trends for
the area.
Has there been a change of circumstances under which the proposed plan
amendment is being made that warrants its consideration?
The growth policy for Kalispell was adopted in February of 2003 which has been a
useful tool in providing guidance to the community, developers, decision makers
and staff when anticipating growth trends and expansion of the city limits.
However, the growth and expansion of the city has occurred much faster than
could have been anticipated on all sides of the community.
The adopted growth policy map designates approximately 23 acres of the 28 acre
site as Public Open Space. The developer has requested to amend the growth
policy map from Public Open Space to Commercial for those 23 acres. The
request for the growth policy amendment is due in part to the overall growth
around the subject property. As mentioned earlier, this growth has created a
substantial increase of property values and lease rates in the area. Since
Kidsports is a nonprofit organization it is not in the position to pay for the
"highest and best use" of the property and they were at risk of losing their lease
with the state. Accordingly, in early 2013 the City of Kalispell provided Kidsports
with financial support to purchase a permanent easement from the DNRC for the
property. In conjunction with the transaction, Kidsports agreed to release the
subject property back to the DNRC so that they could develop the property for
commercial use. While the 2020 Plan does not designate the property as
commercial, the city's conduct has clearly evidenced its support and belief that
the highest and best use of the property would be for commercial development.
Commercial development gives the DNRC the highest and best use of the
property.
Does the proposed plan amendment further the overall goals and objectives of
the growth policy when considering the specific elements of the plan?
Growth Management
Two primary mechanisms for managing growth in the City of Kalispell exist which
are to rely on redevelopment and infill within the current city limits or annexation
of outlying areas. A goal of the growth policy is to provide a comprehensive,
effective growth management plan that provides for all the needs of the
community, is adaptable to changing trends and is attuned to the overall public
welfare. Chapter 2, Growth Management, contains the following goals and
policies which support the requested map amendment:
Goals:
4. New commercial development occurs in areas where public water and sewer can
be provided and as an expansion of existing commercial areas.
10
The proposed growth policy map amendment would allow commercial
development in an area of existing services and in proximity to existing
commercial development. The amendment can be considered consistent with
the character of the area since areas to the north and east of the project site
are developed with commercial uses. Adequate measures have been taken to
mitigate the boundary between Kidsports and the commercial development by
including recreational amenities between the two uses.
Policies:
6. Design and locate development to protect public health and safety; insure
adequate provisions for services; be compatible with the character of its
surroundings and encourage the most appropriate use of land.
The subject development will be located along US Highway 93 and Reserve
Loop, an improved arterial road. These transportation corridors are
particularly suited for commercial uses due to the amount of traffic using
them every day. Public infrastructure and services such as; street, water,
sewer, sidewalks, bike paths, fire, police and ambulance are adequate to
accommodate potential impacts associated with the development of this site.
The site plan strikes a balance between the commercial use and Kidsports by
creating additional recreational amenities between the two uses. Therefore,
allowing a commercial development at this location will protect the public
health and safety, insure adequate services and be compatible with the
character of its surroundings.
Land Use
General goals and polices of the growth policy encourage the orderly development
in the growth policy area with space for future expansion while ensuring
compatibility of adjacent land use. Chapter 4, Land Use: Business and Industry,
contains the following goals and policies which support the requested map
amendment:
Goals:
1. Encourage the development and growth of prosperous commercial and industrial
districts, each with a viable mix of business, suitable infrastructure, and a
coordinated development pattern that reduces business costs and increase small
business opportunities.
Phase 4 is the fourth phase of three additional commercial phases (Spring
Prairie 1-3) to the north of the project site. The developments have been
clustered along the US Highway 93 corridor where all municipal services are
available. These four phases of development, along with the commercial
development on the east side (Hutton Ranch) of US Highway 93, have created
a significant commercial district in this area of the city. Public infrastructure
and services such as; street, water, sewer, sidewalks, bike paths, fire, police
and ambulance are adequate to accommodate potential impacts associated
with the development of this site. Phase 4 will bring a mix of retail, restaurant,
11
hotel and commercial uses. The new uses will provide needed goods and
services in a variety of formats focused on serving the residents of Kalispell
and visitors to the Kidsports complex.
2. New commercial development should occur in areas where public water and
sewer are available.
Phase 4 will be situated along US Highway 93 where sewer and water services
are available. The facilities are located within Reserve Loop to the north and
US Highway 93 to the east.
5. Large scale retail should be encouraged to develop in an architecturally
compatible way and with an integrated site design rather than as an isolated
development.
Phase 4 is being developed within an existing commercial district along US
Highway 93. With Spring Prairie 1-3 to the north and Hutton Ranch to the east
the development will not be isolated. In addition, a mixture of landscaping,
architectural design, site design and recreational amenities will be used to
integrate the development with the surrounding commercial developments and
Kidsports.
6. Provide adequate areas within the community for commercial and industrial
expansion and development.
The City of Kalispell and Kidsports have come to a long term agreement with
the DNRC that the property could be developed as commercial. The subject
site is an adequate area because it is along US Highway 93 to the east and
Reserve Loop to the north. The property is also bounded by commercial
development to the north and east of the property and all municipal services
are available to the site.
7. Maintain the integrity of well -established residential areas by avoiding the
encroachment of incompatible areas.
The project site is bounded by commercial development to the north,
commercial and institutional to the east and Kidsports to the south and west.
In the future, residential development will be to the west of the site, however;
this development will be adequately buffered by Kidsports.
8. Implement standards that ensure a high quality function and design in new
development.
The project will be required to implement standards of design that ensure a
high quality function and design. Those requirements are included in the
conditions of this document and include design features such as; landscaping,
architectural design, site design, building materials/colors, recreational
amenities, etc.
12
PnliriPc-
3. General Commercial
b) Expansion of commercial districts is anticipated to occur as infill and a
continuation of existing commercial areas to avoid the creation of a new
commercial district and leapfrog development.
Phase 4 is a continuation of Spring Prairie Phases 1-3 to the north and Hutton
Ranch to the east. It would not create a new commercial district, or be
considered leapfrog development since it's in the vicinity of existing
commercial developments. Therefore, Phase 4 can be considered infill since it
is a continuation of existing commercial development along US Highway 93.
c) Expansion of commercial areas should be contingent upon the provision of
public services and adequate infrastructure with consideration given to
anticipated impacts on the neighborhood and natural environment.
Public infrastructure and services such as; street, water, sewer, sidewalks,
bike paths, fire, police and ambulance are adequate to accommodate potential
impacts associated with the development of this site. The Public Works
Department, Fire Department, Police Department, Parks and Recreation
Department and Montana Department of Transportation have all reviewed the
project. When applicable, the agencies have commented on the project and
those comments are incorporated into the conditions of approval. Therefore,
the public services and infrastructure have been given consideration and are
adequate for the neighborhood and natural environment.
Economy
The Kalispell area is the commercial, governmental, health care and educational
center of the Flathead Valley with a diverse economic base. Retail and general
commercial development is a major component of the local economy. Chapter 6,
The Economy, contains the following goals and policies which support the
requested map amendment:
Goals:
4. Strengthen Kalispell as a regional center that strives to capture more local and
out of county dollars.
Phase four will include development of 14 commercial lots. The 14 commercial
lots will consist of 10 outlots and 4 anchor lots. When developed the project is
intended to include a mix of uses of national and local size focused on
providing services which are not already in the local market.
6. New business and industry should be encouraged to locate in areas where
sound infrastructure can be provided.
All the applicable agencies have reviewed the project and determined that
13
infrastructure and services such as; street, water, sewer, sidewalks, bike
paths, fire, police and ambulance are adequate to accommodate potential
impacts associated with the development of this site.
Policies:
4. Provide for adequate infrastructure and public services to support viable
business and industrial districts.
Infrastructure and services will be provided as necessary for Phase 4.
Infrastructure and services such as, street, water, sewer, sidewalks, bike
paths, fire, police and ambulance are adequate for the future businesses at
this location. Therefore, the services provided by the city and privately by the
developer will support businesses within the commercial development.
8. Support the Kalispell area's position as a regional commercial center and a
location of major health care, government, industrial facilities and retail services.
The commercial development will have approximately 250,000 square feet of
new commercial buildings. The commercial buildings will bring in both
national and local businesses focused on different market segments.
Therefore, the additional commercial development proposed with this
development will support the Kalispell's position as a regional commercial
center.
The Natural Environment
The natural environment is an important part of what makes the area an
appealing place to live which may be jeopardized as growth occurs. Various key
sectors of the area's economy depend on and impact the natural environment.
Prime farmland in rural areas and wildlife habitat is being displaced by
development. Future development should takes these issues into mind and
mitigate them accordingly. Chapter 7, The Natural Environment, contains the
following goals and policies which support the requested map amendment.
Goals:
4. Development should be compatible with important wildlife habitat and travel
corridors as identified in Appendix A.
After review of the Appendix A maps, it was determined that there are not any
wildlife habitat or wildlife corridors near the development.
Policies:
2. Encourage infill, clustering, and other compact development patterns to lesson
impacts on sensitive lands.
Phase 4 will be developed in the vicinity of existing commercial developments
to the north, commercial development and institutional to the east and
14
Kidsports to the west and south. The development is along US Highway 93 and
Reserve Loop, which are existing transportation corridors. Therefore, Phase 4
is infill development that is clustered next to existing commercial
developments and a transportation corridor lessoning the impacts on sensitive
lands.
6. Filling in wetlands and the 100-year floodp lain should be avoided.
A pond exists onsite and is a designated wetland in the Growth Policy Apendix
A maps. The pond is located in the middle of the property and gets runoff from
the development to the north. Subdivision regulations require wetlands have a
100-feet setback from any development. The applicant has submitted an
application to the Army Corps of Engineers to determine whether the pond is
jurisdictional waters. The Army Corps of engineers has 45 days to make that
determination. If it is determined that the pond is jurisdictional waters the
applicant will have to get a permit from the Army Corps of Engineers and
comply with any mitigation measure that permit may require. If the Army
Corps of Engineers determines that the pond cannot be filled, the 100-feet
setback for development will apply in accordance with the subdivision
regulations. Therefore, if required the applicant will need to obtain a permit
from the Army Corps of Engineers. If it is determined that the pond is
jurisdictional waters and cannot be filled, the 100-feet subdivision setbacks
will apply. In the event that the pond cannot be filled significant redesign will
be required.
Fiaure 6 — Pond and Drainaae from North:
15
Parks and Recreation
Outdoor amenities and park space are highly valued in the community. Public
land available for parks, recreation and open space has become increasingly
scarce and more difficult to acquire because of high land costs and limited vacant,
developable land in close proximity to the city. Chapter 9, Parks and Recreation,
contains the following goals and policies which support the requested map
amendment.
Cr0'q S :
5. Conserve and enhance existing parks and parklands.
As stated previously, Kidsports was at jeopardy of losing their lease with the
DNRC due to increasing lease rates. Accordingly, in early 2013 the City of
Kalispell provided Kidsports with financial support to purchase a permanent
easement from the DNRC for the property. In conjunction with the transaction,
Kidsports agreed to release 13 acres of the subject property back to the DNRC
so that they could develop a portion of the parkland for commercial use. Had
this transaction not taken place it can be assumed that the community would
have eventually lost Kidsports, a vital outdoor amenity for the community. The
developer is proposing to integrate the commercial development into the
Kidsports facilities and grade lacrosse fields on the northwest end of Kidsports.
Additional park amenities will be to the south of the project site creating a
buffer between the two uses.
Policies:
1. Build on the existing parks inventory to provide a unique park system that
benefits residents and the regional economy.
Extinguishing the rights to the 13 acres of the proposed 28 acres for this
development allowed Kidsports to obtain a permanent easement from the
DNRC. The permanent easement allows Kidsports the ability to continue to
improve their facilities without fear of being relocated. Therefore, the ability
of Kidsports to remain at its location in perpetuity allows the facilities to
grow and benefit the residents and regional economy.
Transportation
As part of the overall project proposal the developer had a Traffic Impact Study (TIS)
conducted to provide possible mitigation measures for the increase in traffic that
the development will have on existing streets. MDT staff has reviewed the TIS dated
January 2015 and their major comments are the following:
1. MDT agrees to the location of the full movement approach onto US Highway
93, across from the northern access for the Flathead Community College and
16
anticipates a signal will be warranted at the intersection. Prior to the signal
being approved a traffic signal warrant study is required.
2. MDT will only allow one right-in/right-out (RIRO) approach between the full
movement approach (traffic light at Flathead Community College) and the
intersection of US Highway 93 and Reserve Loop. Spring Prairie 4
development was proposing two RIRO's along US Highway 93 between the
full movement approach and Reserve Loop to the north. To rectify this issue,
the developer is now proposing two right-in's only along US Highway 93. The
two right -in only approaches will be in the same location as the RIRO's. MDT
will consider the two right -in only approaches on US 93. However, before
making a final decision, MDT will need a conceptual drawing of the
approaches with deceleration lanes and conceptual plans on how the
developer anticipates preventing traffic from trying to exit on the right -in
only approaches.
If MDT permits the two right -in only approaches along the US Highway 93 the site
plan will not change significantly. The reasoning is that the two right -in only
approaches are proposed in the same location as the previously proposed RIRO's.
If MDT does not permit the two right -in only approaches then the site plan will
have significant design changes in relation to; access, outlot design and
pedestrian access. As the site plan is laid out now the project is designed around
the two approaches along US Highway 93. The two approaches have pedestrian
sidewalks and landscaped boulevards that lead to the anchor lots uniformly.
Prior to building permit issuance, MDT will require additional traffic reports and
designs plans. In addition a hydraulic report will need to be submitted to
document the proposed design and residual effects the project will have on the
highway system.
Infrastructure and Public Services
Infrastructure and the provisions of public services is one of the highest priority
issues for service providers in the growth policy area. Adequate provisions of
services for new development in both the rural and urban areas are important
considerations when considering planning for future land uses. Chapter 11,
Infrastructure and Public Services, contains the following goals and policies which
support the requested map amendment.
A. Streets and Roads
Goals:
1. All roads, parking lots and alleys are paved.
Phase 4 will be developed within the existing transportation corridor of US
Highway 93 and Reserve Loop, which are both improved. Any
improvements to these roads due to service enhancements will be done to
city standards. The internal streets and parking lots of the development will
also be paved to city standards.
17
Policies:
1. Require paving of roads, alleys and parking lots for new development.
The existing transportation corridor abutting the property consisting of US
Highway 93 and Reserve Loop are already improved. The development will
have an internal street system and parking facilities, which will be paved to
city standards. Therefore, all the existing roads are paved and any new
streets/parking facilities will be paved meeting the requirement for new
development.
3. Require all new subdivision roads in the city to be constructed to city
standards and do not allow the creation of private, substandard roads.
The new internal roads within the development will be developed to city
standards and no private substandard roads will be created. Therefore, no
new private substandard roads will be constructed and all the internal
streets of the development will meet city standards.
B. Sewer
Goals:
6. Have adequate capacity within the waste water treatment plant to accommodate
future development.
Public Works has evaluated the capacity of the waste water treatment plant and
this development falls within that capacity.
7. Urban and suburban development should be connected to public sewer.
Phase 4 development will connect to the existing sewer line abutting the
property.
Policies:
3. Impacts from new development that require upgrades to the sewer collection
system as the upsizing of mains and lift stations should be the responsibility of
the developer rather than the taxpayers.
Public Works has reviewed the existing sewer facilities being connected to
and determined they are adequate for the development. Therefore, the
existing sewer facilities are adequate and no upgrades are required for this
development.
ME
C. Water
Goals:
S. Provide adequate pressure and flows to meet firefighting and user needs.
The existing water system provides adequate pressure and flows to meet fire
department and user needs.
Policies:
4. New water mains should be upsized to accommodate potential future users in
the area.
There is an existing 12-inch water main abutting the subject development.
This water main is adequate in size to accommodate the development and
any future users in the area. Therefore, the existing 12-inch water main is
sufficient for the proposed development and future users in the area.
D. Storm Water Management
Goals:
3. All new development have adequate storm water management facilities
primarily using on -site retention.
Public Works has reviewed the plan for the proposed on -site storm water
retention and found them to be adequate in size for the amount of runoff on -
site. Additional percolation testing will need to be completed to assure
adequate infiltration prior to building permit issuance.
Policies:
2. The quantity and rate of runoff from a developed piece of property should not
exceed that which would occur had the property remained undeveloped.
Public Works regulations require that all the runoff from the development be
maintained on -site. It has been determined that the on -site storm water
retention facilities are adequate in size to support the proposed development.
This determination also included the existing runoff coming onto the
property from the development to the north. Therefore, the proposed on -site
retention facilities are adequate in size to maintain all the runoff from the
proposed development on -site.
WX
E. Police Protection:
Goals:
1. Ensure that we have safe and healthy neighborhoods.
The Police Department has been notified of the development and do not have
any level of service issues with the proposed development.
Polices:
1. Adequately staff law enforcement agencies.
As stated above, the police department has been notified of the proposed
development and does not see any level of service issues. Therefore, the
police department is adequately staffed to service the proposed development.
F. Fire and Ambulance Services:
Goals:
3. Build a new fire substation in the northern portion of the city to serve current
and future development in the area.
A new fire station has been developed in the northern portion of the city
along Reserve Loop adjacent to the project site. This new facility allows for
improved response times to the area and this development.
Policies:
As development and redevelopment occur, construction shall be required to
comply with the Uniform Fire Code and International Fire Code.
All construction for the Phase 4 development will be required to comply with
the Uniform Fire Code and International Fire Code. Therefore, the
development of Phase 4 will comply with the regulations of the Uniform Fire
Code and International Fire Code.
Neighborhood Plan
As mentioned previously, neighborhood plan Section 36 was developed in unison
with the City of Kalispell and DNRC. The subject property is within "Sport Fields"
POD of the Section 36 Neighborhood Plan. Although this development does not
necessarily fit into the "Sports Fields" POD as originally laid out, it does leave
options for the city. The plan states that "any change to the lease agreement that
would anticipate alternative land uses or mode of operation would be subject to an
amendment of the Kalispell City Master Plan." Part of the proposal of this
application is an amendment to the City Growth Policy. Unforseen circumstances
with the Kidpsorts lease have arisen that necessitate a change in the land use of the
property. Although the development does not coordinate with the "Sports Fields"
20
designation of the Section 36 Plan, it does meet the following goals and policies.
Goals:
3. To consider appropriate land uses adjacent to the sport fields.
The proposed development will include recreational amenities situated
between the two uses. The commercial development will allow for additional
parking and give residents and visitors to the city a place for dining and
shopping during sporting events.
Policies:
2. Provide a land use transition buffer, if appropriate, between the sports complex
and other land uses.
There are proposed recreational amenities between the two uses. These
amenities will be designed in a way to effectively buffer the commercial
facilities from Kidsports. Therefore, the proposed recreational facilities and
their design will effectively buffer the two uses.
II. EVALUATION BASED ON STATUTORY CRITERIA FOR A ZONE CHANGE FROM
P-1 (PUBLIC AND OPEN SPACE TO B-2 (GENERAL BUSINESS)
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning
Ordinance. The site is currently zoned P-1 Public. The applicants are requesting
B-2 General Business to accommodate the proposed retail and service uses for
the entire 28 acres. The Kalispell Zoning Regulations state that the B-2 Zone is
intended to "provide for a variety of sales and service establishments to serve both
residents of the area and the traveling public. The district depends on the
proximity to major streets and arterials and should be located in business
corridors or in islands". The uses permitted within B-2 are in keeping with the
existing Phases 1-3 of Spring Prairie (Costco, Lowe's and Cabela's).
Does the requested zone comply with the growth policy?
The proposed zone change to B-2 will not comply with the current growth policy
designation on the property of "Public and Open Space." As previously mentioned in
the staff report, the development of Phase 4 is also including a growth policy
amendment to "Commercial." B-2 zoning does comply with the commercial land use
designation proposed. Therefore, B-2 zoning will comply with the growth policy if
amended from the current land use designation of "Public and Open Space" to
"Commercial" since the commercial land use designation allows for all the uses in
the B-2 Zone.
21
2. Is the requested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed zone change of the property will increase
traffic impacts in the area due to the relatively low density of the area currently and
the relatively higher density that will come with the commercial development. As
part of the overall project proposal the developer had a traffic impact study
conducted to provide possible mitigation measures for the increase in traffic that
the development will have on existing streets. Based on the traffic impact study,
conditions will be recommended to insure that existing streets are upgraded and
new traffic routes are provided to lessen congestion in the streets. The developer
will be responsible for installing a traffic light at the southern intersection of the
development where Flathead Community College also has ingress and egress to US
Highway 93. Therefore, although the proposed zone change will likely increase the
traffic to the area, the traffic can be mitigated through design and traffic calming
measure approved by the Montana Department of Transportation.
3. Will the requested zone secure safety from fire, panic, and other dangers?
At the time this property is developed, the developer will be required to insure that
there is adequate infrastructure in the case of an emergency. There are no features
related to the property which would compromise the safety of the public. New
construction will be required to be in compliance with the building safety codes of
the city which relate to fire and building safety. All municipal services including
police and fire protection, water and sewer service is available to the property.
Therefore, the development will have to comply with all city building and safety
codes to secure safety from fire, panic, and other dangers.
4. Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare by
allowing commercial development within the vicinity of existing commercial
development, and by creating recreational amenities serving as buffer areas
between the commercial development and Kidsports. The new zoning will allow for
Kidsports to stay in its current location and allow both small and large commercial
businesses in the community. Therefore, the health and general welfare will be
promoted by allowing additional commercial development in the vicinity of other
commercial developments, and by saving and creating additional recreational
activities at Kidsports.
5. Will the requested zone provide for adequate light and air?
Setback, height and parking standards for development occurring on this site are
established in the Kalispell Zoning Ordinance and through the requested PUD to
insure adequate light and air are provided. Therefore, city regulations pertaining to
setbacks, height and parking will provide the development with adequate light and
air when the zone is changed.
6. Will the requested zone prevent the overcrowding of land?
The requested zone will not overcrowd the land. The development will be required to
comply with all city ordinances in relation to lot size, uses, setbacks, parking,
22
landscaping, etc. In addition, all the public services and facilities are adequate to
serve this property. Therefore, city regulations pertaining to lot size, uses, setbacks,
parking, etc. mitigate the fact that the property is being developed with a more
intensive use.
7. Will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will likely result
after this land has been converted from park and open space zoning to a more
intensive commercial city zoning. However, the intensity of the uses of the property
would be in direct relationship to the availability of public services, utilities and
facilities as well as compliance with established design standards. The design
standards and availability of utilities would provide the infrastructure needed to
insure that there will not be an overcrowding of the land or undue concentration of
people. Therefore, the increase in the concentration of people onsite can be
mitigated by adequate public services and design standards.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Public service, facilities and infrastructure are adequate for the development of this
site. Any new improvements to the property such as internal roads, traffic lights,
storm water retention and water/sewer connections would be installed in
accordance with city policies and standards at the developers' expense. Fire, police,
ambulance and public access are adequate to accommodate potential impacts
associated with the development of this site. Since the development is commercial
there are not any anticipated impacts to the school system. Therefore, there are
adequate municipal services serving this development if it's rezoned to commercial.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
Changing the property from park and open space zoning to commercial zoning
allows for the highest and best use of the property. DNRC is required by Montana
law to get the most money from a lease on the property as possible. Accordingly,
additional parkland would not be feasible at this location because it would be cost
prohibitive. The change of zoning to commercial is suitable since existing
commercial development is to the north and east of the project site. The site is
adequately served by all city infrastructure and services. Therefore, the requested
rezone gives suitability of the property for commercial use.
10. Does the requested zone give reasonable consideration to the character of the
district?
The area of the proposed development site can be described as a mix of uses
consisting of a DNRC vacant office building and parking facilities, undeveloped
grass lands, Kidsports facilities, commercial development and institutional. The
proposed zoning allows this development to address needs within the community
for commercial uses. The development will have adequate public services and be in
proximity to Kidsports and existing commercial development. There will be
adequate recreational amenities buffering the proposed development from
23
Kidsports. Therefore, the proposed rezoning gives reasonable consideration to the
character of the district.
11. Will the proposed zone conserve the value of buildings?
It can be assumed the commercial development will increase the values of buildings
in the vicinity of the development. This can be assumed because the commercial
developments to the north and east of the project site have increased the lease
value of this particular 28 acre parcel. It is the increase in values that has
necessitated this zone change from public and open space to commercial. Therefore,
the proposed zone change will conserve the value of buildings in the vicinity and
more than likely increase them.
12. Will the requested zone encourage the most appropriate use of the land throughout
the municipality?
The requested B-2 zoning would allow a mix of commercial uses on the 28 acre
project site. Commercial development is encouraged in areas were services and
facilities are available to development such as this Phase 4 development. The
proposed zoning is consistent with the growth policy plan amendment and
existing uses in the vicinity. Therefore, the zone change to commercial encourages
the most appropriate use of land due to its proximity to other commercial uses.
III. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL
The intent of the planned unit development district is to serve as an overlay
zoning district. The district shall function in concert with one or more of the
underlying zones to provide a comprehensive, integrated development plan which
will serve to modify the underlying zone and, where appropriate, subdivision
standards with the intent of providing flexibility of architectural design and
density as well as providing the option to mix land uses and densities while
preserving and enhancing the integrity and environmental values of an area.
The Spring Prairie Phase Four PUD would provide a general layout of the 28 acre
project site. The general layout will consist of 10 outlots bordering the north and
east ends of the parcel with four anchor lots on the west end of the property
bordering Kidsports. Internal streets connect parking facilities located primarily
within the middle of the property with smaller parking islands located near the
outlots. Ingress and egress will be taken via two driveways along Reserve Loop
and three driveways along US Highway 93. Pedestrian walkways are shown
connecting the outlots to the existing sidewalk along Reserve Loop to the north
and to the bike path along US Highway 93 to the east. Pedestrian access ways are
also shown within the development connecting the outlots to one another and to
the anchor stores. Landscaped islands are proposed within the parking areas
separating the different parking areas of the development. Recreational amenities
are proposed on the south and west end of the property buffering the Kidsports
facilities from the commercial development. A new detention pond is on the south
24
end of the parcel for storm water runoff.
As this is a large project the PUD will provide the parameters around the design of
the development and how it will interconnect with Kidsports. The intent of the
PUD provisions are to provide design standards that enhance the aesthetics and
pedestrian environment throughout the development. The goal will be to create a
leading shopping, dining and entertainment destination in Kalispell. Many of the
design standards being applied to this project were implemented in the Spring
Prairie Phases 1-3 developments. The PUD will implement the design standards
that worked best in phases 1-3 and improve/modify any standards that the city
feels were not adequate for the scale of development. The deviations associated
with this development include; limiting commercial uses, increased landscape
standards, limiting accessory casinos and limiting freestanding signage. These
deviations are being implemented to match those of the neighboring commercial
developments. Other than the limitations mentioned above, there are not any
deviations from the Kalispell Zoning Ordinance or the Kalispell Subdivision
Regulations.
Sections 27.19.020(4) of the zoning regulations provide that the planning board
shall review the PUD application and plan based on the following criteria:
A. The compliance of the proposed PUD with the city growth policy and in
particular the density and use policies of the plan;
As previously mentioned in the staff report, the development of Phase 4 is also
including a growth policy amendment to "Commercial." The PUD itself will not be
varying from any of the goals and policies of the commercial land use designation.
Primarily the PUD will be addressing design standards that enhance the aesthetics
and pedestrian environment throughout the development. The PUD also is
addressing the transition areas from the development to Kidsports. It will be the
goal to maintain the integrity of Kidsports and create adequate buffers between the
two uses. Therefore, the PUD will be in compliance with the city growth policy and
in particular the density and use policies of the plan.
B. The extent to which the PUD departs from the underlying zoning and the
reasons why such departure are or are not deemed to be in the public
interest, and the mitigation conditions that the PUD provides to address the
deviations;
The developer is not requesting any deviations from the zoning, however; the city
is restricting some of the uses within the Kalispell Zoning Ordinance regulations
to create a more harmonious development. The PUD for the property will
incorporate the following deviations;
1) Limit the property to only those uses permitted within the B-2 Zone, excluding
automobile, motorcycle, boat and RV sales.
2) The uses permitted with a Conditional Use Permit in the B-2 Zone are
prohibited.
3) Casinos are limited to 5% of the gross floor area of an established restaurant.
25
4) The development is limited to one (1) freestanding sign.
5) Increased landscaping standards for the development.
The PUD is creating the deviations to be consistent with Spring Prairie 1-3
developments, which had similar regulations. The building setbacks, the building
height and parking can all be accomplished without requiring any deviations.
Therefore, the departures to the B-2 Zoning are in the best interest of the
community to create a more harmonious development with the surrounding uses.
C. The extent to which the PUD departs from the subdivision regulations (if
subdivision is anticipated) and the public works standards for design and
construction applicable to the subject property, the reasons why such
departures are deemed to be in the public interest, and the mitigating
conditions that the PUD provides to address the deviations;
The developer is not proposing any departures from the subdivision regulations.
The subdivision consisting of 10 outlots and 4 anchor lots can be accomplished
without requiring and deviations. Therefore, since the PUD is not departing from
the subdivision regulations no mitigation conditions are needed to address
deviations.
D. The overall internal integrity of the PUD including the appropriate use of
internal design elements, the use of buffers between different land uses, the
use of transitions between uses of greater and lesser intensity, the use of
enhanced design features to provide connectedness for both vehicle and
pedestrian traffic throughout the PUD and the use of innovative and
traditional design to foster more livable neighborhoods;
The PUD will implement the design standards that worked best in phases 1-3 and
improve/modify any standards that the city feels were not adequate for the scale
of development. Design features such as; four-sided architecture, landscape
features, downward lighting, limited freestanding signage, increased greenspace,
pedestrian access ways, bike paths and screening will be implemented. New
recreational amenities and considerable landscaping will be placed in areas
between the Kidsports and the commercial development to buffer the two uses. The
design standards and their specifics are included in the conditions of approval.
E. The nature and extent of the public parks and common open space in the
PUD, the reliability of the proposal for maintenance and conservation of
these areas and the adequacy or inadequacy of the amount and function of
the parks and open space in terms of the land use, densities and dwelling
types proposed in the PUD;
The PUD will require the developer to put in the bike path along US Highway 93 on
the east end of the parcel, connect the outlots to the bike paths and put in
increased landscaping in the right-of-way along the two major public frontages. The
developer will also be putting in recreational amenities between the development
and Kidsports. Therefore, the extent of the public space required by the PUD
includes the bike paths, pedestrian pathways, landscaping, and recreational
26
amenities between the development and Kidsports.
F. The manner in which the PUD plan makes adequate provision for public
services, provides adequate control over vehicular traffic and furthers the
amenities of recreation and visual enjoyment;
Public service facilities and infrastructure are adequate for the development of this
site. Any new improvements to the property such as internal roads, traffic lights,
storm water retention and water/sewer connections would be installed in
accordance with city policies and standards at the developers' expense. A Traffic
Impact Study was completed by the developer and reviewed by the Montana
Department of Transportation. Their comments indicate that the improvements
provided will mitigate the impacts of the increased traffic associated with the
development. The developer will put in the bike path along US Highway 93 on the
east end of the parcel, connect the outlots to the bike paths, and put landscaping in
the right-of-way along the two major public frontages. The developer will also be
putting in recreational amenities between the development and Kidsports.
Therefore, the existing infrastructure and public services associated with the
developers improvements will adequately control traffic and furthers the
recreational amenities for enjoyment.
G. The relationship, beneficial or adverse, of the PUD plan upon the
neighborhood in which it is proposed to be established in concert with the
underlying zone;
As stated above, the proposal is compliant with the proposed commercial land use
designation of the City Growth Policy. The character in which the development is
located is commercial, institutional and park and open space. The addition of a
commercial development is complimentary to the established neighborhood
character. The proposed land use conforms with the proposed B-2 Zoning. The
PUD is not changing any of the goals and policies of the land use plan or zoning.
Therefore, since the PUD is not altering the proposed commercial land use
designation, or the proposed zoning of B-2, it will not adversely impact the
surrounding neighborhood.
H. In the case of a plan which proposes development over a period of years, the
sufficiency of the terms and conditions proposed to protect and maintain the
integrity of the PUD;
Phase 4 construction is intended to commence shortly after the entitlement
process. The developers intention and financial ability permit it to develop the full
site in one phase as leasing of the parcels occur. A development agreement will be
entered into by the city and developer outlining the terms of the development. The
City of Kalispell also requires subdivisions to complete a minimum of two-thirds
of the necessary infrastructure (water, sewer, roads, etc.) prior to filing the final
plat. Therefore, there will be a developers agreement entered into and a minimum
two-thirds of the infrastructure will have to be installed prior to final plat approval
which sufficiently protects the integrity of the PUD.
27
I. Conformity with all applicable provisions of this chapter.
No other deviations from the Kalispell Zoning Ordinance or Kalispell Subdivision
Regulations have been requested.
IV. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF SPRING
PRAIRIE PHASE 4
A. Effects on Health and Safety:
Fire:
This subdivision would be in the service area of the Kalispell Fire Department.
The property would be considered to be at low risk of fire because the subdivision
and commercial buildings within the subdivision would be constructed in
accordance with the International Fire Code and have access which meets City
standards. All of the lots within the subdivision would abut a street that has
been constructed to standards adequate for the fire department to access and
suppress a fire or other hazard. Hydrants will be required to be placed in
compliance with the requirements of the International Fire Code and approved by
the Fire Marshal. The fire access and suppression system should be installed and
approved by the fire department prior to final plat approval because of potential
problems with combustible construction taking place prior to adequate fire access
to the site being developed. In addition, the site is adjacent to the new fire
station. Therefore, there are adequate fire services and fire code requirements to
protect the health and safety of the community.
Flooding:
There are no areas within the 100-year floodplain on the site pursuant to Flood
Insurance Rate Map. Therefore, the subject site is not within a designated
floodplain so the health and safety of the community is protected.
Access:
Access to the subdivision would be provided by Reserve Loop and US Highway 93.
The subdivision is proposing five access points; two on Reserve Loop and three on
US Highway 93 to provide access into the subdivision. Internally, there will be
streets coming off of the Reserve Loop's accesses and the US Highway 93
accesses. The streets will be interconnected to streets leading to the parking lot
islands located within the outlots and the primary parking lot in the middle of the
development. Therefore, with mitigation in place the existing road system and
proposed private streets are adequate to protect the health and safety.
On -site Improvements:
The City of Kalispell has required past subdivisions to complete a minimum of
m
two-thirds of the necessary infrastructure (water, sewer, roads, etc.) prior to filing
the final plat. The city staff recommends this condition on each plat to insure
that, prior to issuing a building permit on a new lot, there is access which meets
the fire department's minimum standards as well as adequate water and sewer
services. In the past, the city has allowed subdivisions to file a final plat and
subsequent construction to begin prior to a majority of the infrastructure
installed. Problems have occurred when new buildings were occupied and there
was insufficient water for fire suppression and/or sewer mains were not working
properly. Therefore, in order to mitigate these potential impacts to the public's
health and safety, staff has included a condition requiring a minimum of two-
thirds of the infrastructure be installed prior to final plat and that both the water
and sewer systems serving this phase be operational.
B. Effects on Wildlife and Wildlife Habitat:
The site was actively utilized for agricultural purposes from as early as 1946 until
2005. Additionally, the DNRC building and parking facilities have been on the site
since the 1960's. Development/future development surrounds the project site in
all directions. The Apendix A maps in the Growth Policy do not show this area
active wildlife habitat. Therefore, with the past developments of the subject
property associated with developments surrounding the property one can
reasonably assume there will not be an effect on the wildlife and wildlife habitat.
C. Effects on the Natural Environment:
A pond exists onsite and is a designated wetland in the Growth Policy Apendix A
maps. The pond is located in the middle of the property and gets runoff from the
development to the north. Subdivision regulations require wetlands have a 100-
feet setback from any development. The applicant has submitted an application to
the Army Corps of Engineers to determine whether the pond is jurisdictional
waters. The Army Corps of engineers has 45 days to make that determination. If it
is determined that the pond is jurisdictional waters the applicant will have to get
a permit from the Army Corps of Engineers and comply with any mitigation
measure that permit may require. If the Army Corps of Engineers determines that
the pond cannot be filled, the 100-feet setback for development will apply in
accordance with the subdivision regulations. Therefore, if required the applicant
will need to obtain a permit from the Army Corps of Engineers. If it is determined
that the pond is jurisdictional waters and cannot be filled, the 100-feet
subdivision setbacks will apply and a complete redesign will be required.
D. Effects on Local Services:
Water:
There is an existing 12-inch water main abutting the subject development. This
water main is adequate in size to accommodate the development and any future
users in the area. Therefore, the existing 12-inch water main is sufficient for the
proposed development and future users in the area.
29
Sewer:
Public Works has reviewed the existing sewer facilities being connected to and
determined they are adequate for the development. Therefore, the existing sewer
facilities are adequate and no upgrades are required for this development.
Roads:
The subject development is fronting Reserve Loop to the north and US Highway
93 to the east. Both of these are improved public right-of-ways. MDT has reviewed
the traffic impact study and surmised that the increased traffic associated with
the development can be mitigated. A new traffic light will be required at the
southern intersection where the Flathead Valley Community college ingress and
egress is located. The developer will be required to build all private internal
streets to city standards.
Schools:
The development is commercial and will not affect the school system. Commercial
development due not bring in any new school students; therefore, it will not affect
the schools in a negative way.
Parks and Open Space:
Commercial developments do not require parks and open space. The developer will
put in the bike path along US Highway 93 on the east end of the parcel, connect the
outlots to the bike paths, and put landscaping in the right-of-way along the two
major public frontages. The developer will also be putting in recreational amenities
between the development and Kidsports. Therefore, the developer is meeting the
conditions of the PUD for parks and open space and those conditions will be
monitored throughout the course of development.
Police:
The police have been notified of the development and do not have any level of
service issues with the proposed development.
Fire Protection:
Fire protection services will be provided by the Kalispell Fire Department and the
subdivision will be required to comply with the International Fire Code. The fire
department will review and approve the number and location of hydrants within
the subdivision as well as fire flows for compliance with applicable fire codes.
Solid Waste:
Solid waste will be handled by a private hauler in accordance with State statues
and taken to the Flathead County Landfill. There is sufficient capacity within the
landfill to accommodate this additional solid waste generated from this
subdivision.
30
Medical Services:
Ambulance service is available from the fire department and ALERT helicopter
service. Kalispell Regional Medical Center is close, less than 1 mile from the site.
E. Effects on Agriculture and agricultural water user facilities
The property is currently developed with the DNRC office building and is not
currently being used as agriculture. All the land surrounding the proposed
development is either developed or proposed to be developed within the next few
years. The development will connect to city water and sewer. Therefore, the
development of this property is not anticipated to have any impact on agricultural
uses within the valley and no impact on agricultural water user facilities since
this property will be served by a public water system.
F. Relation to the Kalispell Growth Policy
No deviations from the Kalispell Growth Policy are being requested. Once the land
use designation of the property is changed to commercial the development will
comply with the goals and policies of the Kalispell Growth Policy.
G. Compliance with Zoning
No deviations are requested from the Kalispell Zoning Regulations. The developer
will comply with all applicable city zoning regulations once the zoning is changed
to B-2.
H. Compliance with the Kalispell Subdivision Regulations
No deviations are requested from the Kalispell Subdivision Regulations. The
developer will comply with all the applicable city subdivision regulations.
RECOMMENDATIONS
I. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KGPA-15-01 and recommend that the growth policy land use
designation for the entire 28 acre site be "Commercial" on the Kalispell Growth
Policy Future Land Use Map.
II. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KZC-15-01 and recommend that initial zoning of the 28 acre
site be B-2/PUD on the Kalispell Zoning Map.
III. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KPUD-15-01 as findings of fact and recommend to the Kalispell
City Council the PUD for Spring Prairie Phase 4 be approved subject to the
conditions listed below:
31
IV. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KPP-15-01 as findings of fact and recommend to the Kalispell
City Council that the Spring Prairie Subdivision Phase 4, be approved subject to
the conditions listed below:
AMENDED CONDITIONS OF APPROVAL
PUD Conditions
General Conditions:
1. That the development of the site will be in substantial conformance with the
preliminary plat documents entitled Spring Prairie 4 and associated submittal
drawings which shall govern location of the lots, easements, roadways,
signage, landscaping, materials and pedestrian access facilities. Those
documents are listed below:
• Site plan
• Conceptual elevations
• Lot layout
• Site utility layout
• Phasing plan
• Grading plan
• Grading profiles
• Landscape plan
0 Materials list
• SiRn Exhibit
2. The preliminary plat approval for the development shall be valid for a period of
three years from the date of approval.
3. All the permitted uses listed under the B-2 (General Business) Zone are
permitted except for the sales of auto, boats motorcycles, etc. In addition, all of
the uses which may be permitted by Conditional Use Permit are prohibited.
4. Incidental casino use is permitted provided it is limited to 5% of the gross floor
space of a fully bonifide, freestanding restaurant facility. The casino floor plan
must be visually separate from the primary use of the building as a restaurant.
Exterior signage for the accessory casino is not permitted. The number and
location of entrances shall be approved by site plan committee.
5. The landscape berm on the west end of the property located behind the anchor
lots must be installed as shown on the grading and landscaped plan. The
intent of the landscape berm is to create a baseline height to shield the loading
docks behind the anchor stores. The berm will need to be landscaped in
32
accordance Parks and Recreation's requirements by using conifers and
deciduous trees planted at an intensity to create a visual barrier from the
commercial development.
6. The recreational area on the south end of the property leading from the
development into Kidsports shall include a 10 feet wide paved path, picnic
areas and uadin acceptable to Kidps orts .
This area shall be landscaped in accordance with the submitted landscape
plan. These areas must be implemented to the satisfaction of Parks and
Recreation Department and Kidsports.
7. The retention pond on the south end of the property shall be designed in a way
that it becomes a visual interest to the development. Chain link fencing
surrounding the retention pond as the dominant fixture is prohibited. The
developer shall work closely with the Parks Department and Public Works to
come up with a design that is both visually appealing and meets the required
safety guidelines. It is intended that when the project is developed the pond
will act as an entrance feature, rather than a private maintenance utility
facility.
8. When looking towards the development from Kidsports, landscaping should be
of the intensity to create a visual barrier.
9. Total allowed siRnage for the development shall be calculated as a shopl2in,�4
center. Within that allowed area, siRnaRe for the development may include up
to two freestanding signs. One sign Type 2 on Reserve Loop and one sign Type
3 on US HiRhwav 93 as shown in the sign exhibit. All other provisions related
to siRnaRe under the Kalispell Zoning Ordinance shall gq�l
ndn developinent. T14@ sign ean
.. ,� . ,
._
10. Architectural design shall be provided as listed below:
a. Exterior wall colors should harmonize with the site and surrounding
buildings, The predominate tone on building faces should lend
toward warm earthy hues, whether in the natural patina or
weathered color of the wall surface itself or the color of the paint
stain or other coating. The color of concrete products on building
fron ggeS should not be achieved from painting the surface.
The use of materials such as wood, brick or stone for trim material is
encouraged.
b. Four sided architecture is required for all structures and buildings.
Large, rectangular masses should be avoided by incorporating
offsets in the wall and roof. A change in the plane of the walls,
changing the direction or providing some variety in the roof form
gives diversity and visual interest. Facades greater than 120 feet in
length shall have variation and interest in the wall. Among other
things, major landscaping, significant tree planting, use of color or
33
building materials or architectural treatments will be in order.
C. The building should place an emphasis on entry. Entries should be a
prominent component of the building face by providing an
architectural covered or recessed entry with modified roof accent and
increased usage of windows and trim.
d. Franchise architecture may be subject to modification to achieve the
building style objectives.
e. Architectural elements of the front of the building shall be
incorporated into the back of the buildings when the back of the
building is visually accessible to US Highway 93, Reserve Loop and
Kidsports. Walls and surface planes should be broken up in such a
manner as to create a visual interest, avoiding monotony.
f. All roof mounted equipment, i.e. HVAC, should be shielded from all
views.
11. Pedestrian access shall be provided as listed below:
a. A minimum 10 feet wide pedestrian bike trail shall be constructed
along the entire US Highway 93 frontage. The bike path shall be
integrally designed into the landscape plan required between the
curb line of US Highway 93 and the 20 feet required landscape
buffer. The pathway shall be as linear as possible and shall not have
any bollards obstructing movement. When a bus stop is installed
within the public right-of-way a connectivity trail is required
connecting the bus stop to the bike pathway.
b. All the required sidewalks shall have a 7 feet landscaped boulevard
of sod, street trees and a 6 feet sidewalk. The landscaped boulevard
shall be fronting the internal streets to buffer pedestrians from the
traffic. The exception to this condition is the sidewalk fronting the
anchor stores, which does not require the 7 feet landscaped
boulevard.
C. Prior to Certificate of Occupancy b °lding p@i=mit issuane@; the
tenants in lots D, E, F, G, H and I shall be responsible for putting in
landscape boulevards and sidewalks along the western portions of
their lots; outlots A, B, C, E, G and I shall install the landscape
boulevards and sidewalks along the south end of their lots and
outlots J and B shall install landscape boulevards and sidewalk
along the east end of the lots. It is intended that upon full
development the outlots will have pedestrian access with boulevards
along all three sides of the outlot clusters between the main ingress
and egress points.
34
d. Prior to Certificate of Occupancy °.-Ing eF., issues e@, any
outlot with a building on it shall have a minimum 6 feet wide
sidewalk connecting it to the bike paths along either Reserve Loop to
the north or US Highway 93 to the east.
e. Two east -west sidewalk corridors are required through the main
parking lot generally as shown on the submitted site plan. Or
modified as necessary to achieve better pedestrian flow by site
review committee. These sidewalks also need to have a minimum 7
feet landscape boulevard of sod and street trees between the
sidewalk and parking access road.
f. All sidewalks located within parking lots shall have a raised concrete
surface for separation from traffic and parking. Where sidewalks
cross traffic lanes, the sidewalk may be at grade but shall be
constructed of colored or textures concrete, stone or other
contrasting material to visually denote a pedestrian way. Painting
the walk area is not adequate.
g. In the event a tenant wants to place architectural/visual features
within the sidewalk entrances there must be additional space
provided. The required sidewalk area should not be blocked by
anything that can limit pedestrian movement.
h. A pedestrian pathway is required to be placed on the south end of
the subject property connecting the commercial development to
Kidsports. The pathway directions should generally be north to
south and connect the parking facilities of the commercial
development to an existing improved pedestrian access way in
Kidpsorts.
i. The pathway from Kidsports as it enters into the development
should be redesigned to create a safe and inviting atmosphere. As
opposed to the current design where it is situated between the truck
turnaround and retention pond.
j. Public utilities within the right of way should be landscaped to
shield them from view.
12. Transportation and parking:
a. General access to the commercial district from Reserve Loop to the
north and US Highway 93 to the east shall be limited to 5
approaches as approved by MDT.
b. All uses shall have direct access from the internal road system. No
direct access to a particular building shall be permitted from Reserve
Loop or US Highway 93.
C. All roadway improvements shall be built in accordance with City of
35
Kalispell road design standards.
d. Roadway design shall include provisions for landscape boulevards
and sidewalks (Refer to condition No.9).
13. Development of an overall landscape plan addressing public and private street
boulevards, street trees; perimeter project landscaping, parking lot
landscaping and all common area landscaping shall be submitted to the City
Parks Director for approval in writing prior to installation. The landscape
improvements in the public right-of-way shall be installed or bonded for at
time of final plat. The landscape improvements serving individual buildings or
tenants shall be addressed at the time of building permit issuance. In
particular the landscape plan shall address:
a. All landscape buffers, boulevards, tree planters, landscape islands,
tree wells, etc. and common areas with live landscape materials shall
be provided with adequate irrigation.
b. The developer or future leases shall be responsible to insure the live
landscaping is maintained in "live" condition.
C. An irrigated corridor of at least 20 feet in width shall parallel the
road right-of-way of US Highway 93 including undulating
topography and have a mix of tree plantings with a ground cover of
predominately sod.
d. All landscape islands within parking lots shall incorporate
predominately living materials including trees. In parking lot islands,
shade trees shall be placed in such intensity and location as to form
a canopy where they cover or line sidewalks and wherever they are
used, a visual break from the open asphalt parking areas
surrounding it.
e. Landscape boulevards should be planted with street trees every 40
feet.
f. The use of any form of bark, mulch, rock, etc. shall not be used as a
primary method of landscaping. These materials may be used to
augment live landscape features upon approval by the Parks
Director. If rock is to be used it must be 1 inch or less fractured. 1-4
inch diameter river rock is prohibited.
g. In high traffic areas, an urban design approach to islands (concrete
with trees in grates or patterned/colored concrete type designs) is
required.
Prior to the issuance of a building permit:
14. A development agreement shall be drafted by the Kalispell City Attorney
between the City of Kalispell and the developer outlining and formalizing the
terms, conditions and provisions of approval. The final plan as approved,
36
together with the conditions and restrictions imposed, shall constitute the
Planned Unit Development (PUD) zoning for the site that shall be completed
and signed by the city and owner prior to the issuance of a building permit.
15. A proposed site plan for Spring Prairie Phase 4 PUD is required to be
submitted to the Kalispell Site Review Committee for review and approval prior
to issuance of a building permit for any structural development. Approval of
this PUD does not convey or grant any specific authorization or project pre -
approvals relative to the duties of the Site Review committee.
16. Any proposed structure for Spring Prairie Phase 4 PUD is required to be
submitted to the Kalispell Architectural Review Committee prior to issuance of
a building permit. Approval of this PUD does not convey or grant any specific
authorization or project pre -approvals relative to the duties of the
Architectural Review committee.
17. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design
and Construction and Montana Public Works Standards. All design work shall
be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
18. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction
and Montana Public Works Standards. The water and sewer main extension
plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the water and sewer mains have been built
and tested as designed and approved.
19. The developer shall submit to the Kalispell Public Works Department for
review and approval a stormwater report and an engineered drainage plan that
meets the requirements of the current City standards for design and
construction. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the drainage plan for the subdivision has been
installed as designed and approved.
20. A stormwater management plan shall be submitted for approval. The plan
should highlight how the retention pond will generally be maintained in
relation to vegetation, liter, etc.
21. Prior to final plat aA letter from the Kalispell Public Works Department shall be
submitted stating that all new infrastructure has been accepted by the City of
Kalispell or a proper bond has been accepted for unfinished work.
22. The traffic impact study for the project site shall be reviewed and approved by
the Public Works Department and where appropriate, the Montana
Department of Transportation in order to determine the appropriate mitigation
as the project develops.
37
23. The developer shall obtain an approach permit from the Montana Department
of Transportation (MDT) for approaches onto Reserve Loop and US Highway
93. If any improvements are necessary at the intersection of the roadways,
these improvements shall be completed to the satisfaction of the MDT prior to
final plat and MDT shall so certify this in writing to the city.
24. Prior to final plat aAll mitigation required as part of the approved traffic impact
study shall be completed. All improvements shall be reviewed and approved
by either the Public Works Department or Montana Department of
Transportation. A letter from the Kalispell Public Works Department or
Montana Department of Transportation shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or State of Montana.
If infrastructure work has not been accepted, a letter stating that a proper
bond has been accepted for the unfinished work by the appropriate agency is
required.
25. The fire access and suppression system shall comply with the Uniform Fire
Code and a letter from the Kalispell Fire Department approving the access,
placement of the fire hydrants and fire flows within the subdivision shall be
submitted prior to final plat. The fire access and suppression system shall be
installed and approved by the Fire Department prior to final plat approval.
26. A letter shall be obtained from the Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within
the landscape boulevards of the streets serving the subdivision. The approved
landscape plan shall be implemented or a cash in lieu payment for installation
of the street trees and groundcover provided to the Kalispell Parks and
Recreation Department.
27. All easements and/or right-of-ways shall be indicated on the face of the final
plat. Utility easements for City water and sewer shall be provided to allow for the
logical extension of utilities from this subdivision to adjoining properties. A
letter from the Kalispell Public Works Department shall be obtained stating that
the required easements are being shown on the final plat.
28. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or
private, providing or offering to provide telephone, telegraph, electric power, gas,
cable television, water or sewer service to the public, the right to the joint use of
an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Department of Natural Resources and Conservation' vele e-r-L��
(Kalispell Subdivision Regulations, Section 3.21(H))
29. That a minimum of two-thirds of the necessary public infrastructure for this
subdivision shall be completed prior to final plat submittal and that both the
water and sewer systems serving this phase be operational.
f:3
30. All utilities shall be placed underground and in locations that are approved by
the Kalispell Public Works Department in accordance with the Kalispell
Standards for Design and Construction.
Wi