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Staff Report/TKG Spring Prairie Growth Policy RequestPUNNING FOR THE FUTURE REPORT TO: FROM: MONTANA Doug Russell, City Manager Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Request from TKG Spring Prairie Development Four, for a Growth Policy Map Amendment from "Public and Open Space" to "Commercial", KGPA 15-01 MEETING DATE: April 20, 2015 BACKGROUND: TKG Spring Prairie Phase Four, is requesting permission to develop a 28 acre site, located on the southwest corner of US Highway 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. 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 North. This is a multi -application process occurring on State School Trust Lands. The applications for the development will require three different actions to be taken by the Kalispell City Council, which are each addressed in separate memos. The growth policy map amendment application involves converting 23 acres of the 28 acre project site into the "Commercial" land use category. Currently the 23 acres of the project site is designated "Public and Open Space", reflecting a time when this was the site of the Department of Natural Resources office building. The remaining 5 acres of the project site is already within the commercial land use category. The Kalispell Planning Board held a duly noticed public hearing March 10, 2015, to consider the growth policy map amendment request. Staff reported that the proposed commercial land use designation was compatible with the surrounding land uses and recommended that the Planning Board adopt the staff report as findings of fact, and recommend that the City Council approve the growth policy amendment KGPA-15-01. During the public comment portion of the hearing, two members of the public, representing the Kalispell Chamber of Commerce and Kidsports, spoke in support of the project. Another member of the public mentioned that she felt the highest and best use of the property would be for it to remain parkland. There being no further comment a motion was presented to adopt staff report KGPA-15-01 and recommend to the Kalispell City Council that the growth policy land use designation for the entire 28 acre site be "Commercial' on the Kalispell Growth Policy Future Land Use Map. Board discussion concluded that the growth policy map amendment was appropriate, and the motion passed unanimously on roll call vote. On April 6, 2015 the City Council approved Resolution No. 5711, which was the resolution of intent to adopt, amend, or reject the proposed growth policy map amendment, and schedule a public hearing on April 20, 2015. RECOMMENDATION: It is recommended that the Kalispell City Council approve the growth policy map amendment from "Public and Open Space" to "Commercial". FISCAL EFFECTS: Approval of the request will allow the applicant to proceed with commercial development, which in turn will have positive fiscal impact. ALTERNATIVES: Deny the request. Respectfully submitted, Jarod Nygren Senior Planner Report compiled: April 15, 2015 ATTACHMENTS: Resolutions 5713A, 571313, 5713C, Accepting, Amending or Rejecting Growth Policy Amendment March 10, 2015, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION 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 the south half of Section 36, Township 29 North, Range 22 West, Flathead County 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 (_) oral public comments on the recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-15-01; and 1 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 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 in the south half of Section 36, Township 29 North, Range 22 West 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: Aimee Brunckhorst, CMC City Clerk oil Mark Johnson Mayor RESOLUTION NO. 5713B A RESOLUTION REVISING 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 the south half of Section 36, Township 29 North, Range 22 West, Flathead County 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 (_) oral public comments on the recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-15-01; and 1 WHEREAS, 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, and revise the recommendations of the City Planning Board by adopting as its findings the following: WHEREAS, in all other respects, not inconsistent with the above, the Council adopts the Kalispell Planning Department report KGPA- 15-01 as its findings of fact, and further finds that it is in the best interests of the City to adopt said revised amendment to the Kalispell Growth Policy 2020 consisting of amending the designation of property located within 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 the revised amendment to the Kalispell Growth Policy 2020, the designation of property located in the south half of Section 36, Township 29 North, Range 22 West 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: Aimee Brunckhorst, CMC City Clerk a Mark Johnson Mayor RESOLUTION NO. 5713C A RESOLUTION REJECTING AN AMENDMENT TO THE KALISPELL GROWTH POLICY 2020. 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 the south half of Section 36, Township 29 North, Range 22 West, Flathead County 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 U oral public comments on the recommendations of the City Planning Board and the Kalispell Planning Department report #KGPA-15-01; and 1 WHEREAS, the City Council of the City of Kalispell finds that it is not in the best interest of the City to amend the Kalispell Growth Policy 2020, as recommended by the Kalispell City Planning Board, said proposed amendment consisting of amending the designation of property located within the south half of Section 36, Township 29 North, Range 22 West from Public and Open Space to Commercial in the Growth Policy for the following reasons: 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 rejects the amendment that was the subject of the Kalispell Planning Department report #KGPA-15-01 and recommended by the City Planning Board to the Kalispell Growth Policy 2020. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF APRIL, 2015. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk 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 E. 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. PA 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: wil .Ix Zoning and Growth Policy Future Land Use •o x� a i.. I Qrr r. 7—KI- Jdw, i4.'O[, E 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 ki lacrosse fields facilitates a need for both the applicant and Kidsports. In the 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: Uwro r J� 1r}fTop -Pi % •r 1 IM.1111, A'rllry 1. r+ 1 5rnl-: aalr�• nlrul ���IC r1�•Lr r rr,rl,, I � fit�tfoLs -A+1ehor Stores a J�r -� 1J, I L Iil t I K� rrh - __ - � _5urt8u��l r.•r•r.. 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. Figure 3 - 2010 Master Plan Land Use: R Southern Portion Given Open Spate Designation 0 I " lei 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 7 requirement for DNRC to get local approval for development of state land 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. n. Fiaure 5 - Section 36 Land Use Plan: .dap r Th:hit A ands Neighborhood Plan Land Use .1}ap 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 OJ • 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: crnnlc- 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. PnlirriPc- 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. LanA TTCP 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: CTnalc• 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: (Tnal c- 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. CTnalc• 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 1 00-yearfloodplain 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. 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 Pnliriac- 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. PnliriPc• 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. IN C. Water CTnnk- 5. 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. 19 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: 1. 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 20 the property. Although the development does not coordinate with the "Sports Fields" 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. PnliriPc- 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). 1. 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 21 B-2 Zone. 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? 22 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, 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 23 proximity to Kidsports and existing commercial development. There will be adequate recreational amenities buffering the proposed development from 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 24 facilities from the commercial development. A new detention pond is on the south 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. 25 3) Casinos are limited to 5% of the gross floor area of an established restaurant. 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, 26 pedestrian pathways, landscaping, and recreational 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 two-thirds of the necessary infrastructure (water, sewer, roads, etc.) prior to filing M3 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: IATatar 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. Sewer: 29 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. grrh nnl c 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. 4nlirl �hTactP 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. Medical Services: 30 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 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: IV. Staff recommends that the Kalispell City Planning Board and Zoning Commission 31 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 • Materials list • Sign 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 grading acceptable to Kidpsports pads for „laygr-eund equipment. 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 sianaae for the development shall be calculated as a shobbin center. Within that allowed area, signage for the development may include up to two freestanding signs. One sign Type 2 on Reserve Loop and one sign Type 3 on US Highway 93 as shown in the sign exhibit. All other provisions related to signage under the Kalispell Zoning Ordinance shall apply,advertise the name of whatever- tenant the lease wishes. All remaining ���~� more than one (1) ffeestanding sign for- the development. The sign ean , ineliading the one ffeestanding sign, shall eemply %4th Chapter- 27.22 (Sign Regulations) of the Kalispell Zoning Or-dinanee._ 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 frontages f-aees 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. �TL,o th 'do F tL,o hA 11 x xxc ov'cc' cxx oiac vx cxxc axxcx=vx A� �i@&�'@S� �A �i• Sp9r�S S &xr— &F1@ �Fy t@g-.,tom 1 1 11 ovxxxc cxxcx�ova�o�ixcc�xaccaz�i�A � @ ��r ��i��9 &F19� & r&�i c �U&xr 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 ; 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 bu=ld=n€rm=t�ssuanee, 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 ConservationDeveleper-'s Signature - (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. 91 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. 39 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 10, 2015 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Chad Graham, Charles Pesola, Rory Young, Matt Regier, Steve Lorch, and Doug Kauffman. Karlene Osorio-Khor was absent. Tom Jentz and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Lorch moved and Pesola seconded a motion to approve the minutes of the February 10, 2015 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT None. EUREKA TOWN PUMP — Eureka Town Pump, Inc. is requesting annexation, initial zoning ANNEXATION, INITIAL of B-2 (General Business) and a conditional use permit to convert ZONING & CONDITIONAL the existing buildings at 859 West Reserve Drive into a USE PERMIT convenience store and casino requiring the following applications. The site is located .1 miles east of Highway 93 on the previous site of the "River Church". STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed staff report KA-15-01 & KCU-15-01for the board. Nygren noted a correction to the staff report on page 6, Cost of Services the last paragraph states "net cost to the city" and it should have been "net revenue to the city". Nygren stated the subject property is located east of the Eisinger Motors property on West Reserve Drive and is developed with existing church buildings that are currently unoccupied. The current zoning is County R-1. Nygren reviewed the surrounding zoning and land uses. He noted the requested zoning B-2 is consistent with the surrounding zoning and the commercial land use designation of the growth policy. Nygren continued with a review of the site plan and indicated an existing 10,313 square foot building will be converted into the convenience store, an existing 7,900 square foot building will be converted into a casino, and a 4,700 square foot fuel islands facility will be constructed and parking facilities expanded. Access to the site is from West Reserve Drive. Nygren reviewed the elevation drawings for the board and noted Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page I 1 the Architectural Review Committee indicated there will need to be some significant architectural upgrades to the project before it will move through their committee. City water and sewer services will need to be extended to the property and sidewalks and streets will be installed in accordance with city standards. This will be the first casino north of Idaho and there are no churches, schools or other casinos, within the 300 foot buffer, a requirement in the Kalispell Zoning Ordinance. Because this proposed development is within a high traffic area and the other developments in the area have not historically been permitted to have casinos, a condition has been added prohibiting any on -premises signage as follows: • Any terms such as gaming, gambling, cards, dice, chance, etc. • Any reference to any associated activity or any symbols or words commonly associated with gambling. • Any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. • Neon lighting. Staff recommends that the Kalispell City Planning Board adopt Staff Report #KA-15-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be B-2 General Business. Staff recommends that the Kalispell City Planning Board adopt Staff Report KCU-15-01 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit, be approved subject to the 9 conditions listed in the staff report. BOARD DISCUSSION Kauffinan asked if the stormwater agreement to use the Montana Department of Transportation (MDOT) structure was a previous agreement with the MDOT and Nygren said yes. Graham noted there have been concerns about the stability of the bank on the back side of this property and Jentz said the applicants are aware of this problem and are in discussion with the Flathead Conservation District and other agencies to determine what measures they could take to stabilize the bank. Jentz added if this was brand new construction there would be significant setbacks, but the buildings are already on the property. Graham asked if there was any documentation indicating that the bank is stable and Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 12 Jentz suggested the public hearing be opened and the applicants could address those issues. Graham asked about if the proximity of the fuel tanks to the Stillwater River is a concern and Nygren said it has not been brought up as a concern by Public Works, and there are no setbacks standards for fuel tanks in the zoning regulations. Young asked if this is the first property that is suitable for a casino north of Idaho or has the zoning ordinance been changed and Nygren said the ordinance has not changed. Jentz said some of the developments in this area did not want casinos but wanted the focus to be a retail center character instead. Jentz noted there is no stated land use policy that casinos cannot extend north. PUBLIC HEARING Joe Murphy, Big Sky Civil and Environmental (BSC&E) stated they have worked with Town Pump on a number of developments throughout the state including this site. Murphy reviewed the following issues: Storm drainage — When they first approached the city they understood that the storm drainage from the site actually dumped into the detention basin that serves the MDOT. After they received as-builts they found that the storm drain from the site goes underneath the detention basin and has its own outfall, closer to the Stillwater River. He noted it appears to be a solid structure and in good shape. They will work with Public Works to make sure that all of the storm drainage standards are met. Underground storage tanks and their proximity to the Stillwater River — Murphy said he has been involved in environmental clean- up on underground fuel spills since he first started in the business. In working with Town Pump their underground storage tanks exceed any of the regulations. Stormwater runoff — In all of the Town Pump facilities that BSC&E has worked on oil/water separators have been installed that address all of the stormwater runoff and snow melt that falls off the underside of vehicles. The runoff is captured at the fuel island area and channeled through the oil/water separator that has a treatment system built into it. Town Pump's architect and design team are in the process of putting plans together with better elevation views and will work closely with the Architectural Review Committee. Town Pump intends to comply with the signage ordinance and conditions, however, Town Pump would like to request that the Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 13 board consider relaxing those limitations. Murphy said they will work with Public Works regarding water and sewer main extensions. Water is in fairly close proximity to the property and they are working with the city to either tie onto an existing force main or gravity mains along Home Depot for wastewater. A traffic impact study has been completed and submitted to MDOT and they have conditional approval to go ahead. They intend to work closely with the city on sidewalks, parking, and lighting to make sure it is done in accordance with the city standards. Bank stability — Murphy said they have initiated discussions with the Flathead Conservation District (FCD) and they intend to work with FCD to come up with a viable and lasting means of treating the soils in that area. They will also work with Fish, Wildlife & Parks, the Army Corps of Engineers, DEQ, DNRC and the local floodplain coordinator. Town Pump knows they need to take care of that bank and protect their property. Jenny LaSorte, 275 Sulky Lane stated she is a resident of north Kalispell and is a Montana native. LaSorte said she is here to speak for the people of north Kalispell and address the degradation of the quality of life that could result from expanding casinos to the north. LaSorte added as a Christian she objects to turning The River Church into a casino. This is in close proximity to Glacier High School, Flathead Valley Community College, Kidsports, and the residents in the area. She asked if this how we want to welcome visitors to the gateway of our community. LaSorte stated vice attracts vice, and an increased use of alcohol, prostitution, and drugs. LaSorte asked the board to give serious consideration as to whether or not they want to expand gambling to north Kalispell and what it would take to get an impact study on the effects of gambling on our society, here in Kalispell and the Flathead Valley. Sherry Wehrman, 77 Cloud Creek Road, Somers stated she is against having casinos north of Idaho. There are currently approximately 20 casinos on Idaho and Main Street within a one mile radius. If one is allowed north of Idaho how many more will be allowed. Wehrman said she is a recovering compulsive gambler and it ruins Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 14 lives and families. The only place that people can go that is safe and where they can take their family is in the north Kalispell area where they do not have to see casinos and bars. She asked that the board not approve the CUP or the zoning recommendation. Mayre Flowers, Citizens for a Better Flathead, 35 4t' Street West, Kalispell stated she supports the questions by the board regarding the location and safety of the fuel tanks as well as the bank stabilization that need to be given careful consideration. She encouraged the board to have this information prior to moving forward with a recommendation. Flowers said this is also an opportunity to increase the landscaping for this corner which is something that has been lacking in all entrance corridors into Kalispell. Finally in reference to the casino issues she suggested this issue be addressed through the growth policy update that is currently underway. MOTION — ANNEXATION & Regier moved and Young seconded a motion to adopt Staff Report INITIAL ZONING #KA-15-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be B-2 General Business. BOARD DISCUSSION Regier noted B-2 zoning is on 3 sides and he felt it is appropriate for this area. Graham agreed. ROLL CALL — ANNEXATION The motion passed unanimously on a roll call vote. & INITIAL ZONING MOTION — CONDITIONAL Regier moved and Pesola seconded a motion to adopt Staff Report USE PERMIT KCU-15-01 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit, be approved subject to the 9 conditions listed in the staff report. BOARD DISCUSSION Pesola said while he shares some of the sentiments with casino growth and expansion but to not allow any form of advertising for the casino may mitigation some of that fear. Pesola said this would is appropriate and is a use that is traditionally associated with a Town Pump. Regier said he likes the idea of a gas station at this location however he feels casinos need to be moderated but not enough to prevent another casino being added to the Flathead Valley. Lorch clarified the planning board doesn't make policy in relation to casinos — it is allowed by State law and city zoning regulations. He does have concerns about placing conditions on the signage allowed. He added, if the community wants to regulate casinos it Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 15 should be done before an application is submitted. Nygren clarified that the conditions regarding signage are in the zoning regulations and due to the location, and the fact that the surrounding developments did not have any gaming, staff felt these signage conditions should be implemented for this particular development. Graham noted there aren't any regulations that would prohibit casinos north of Idaho and added the PUD's to the south of this development choose not to have casinos as part of their PUD. This use, if approved by conditional use permit, fits within the city's zoning of the area. Graham asked if they can use the conditional use permit process to deny a casino and Jentz said yes, they can. However, to deny it the board needs to make reasonable findings of why it doesn't meet the criteria. Jentz explained further. Graham asked the board members if they had any findings in opposition to this use in this area. Regier said gambling is a vice and the question is, what direction do we want our community to go in? Regier added findings could be based on the affects of the gaming industry. Graham said he does share some of the concerns but he added the applicant has applied for this use which is allowed by the city's zoning ordinance. The site is also suitable for annexation. ROLL CALL — The motion passed on a roll call vote of 5 in favor and one CONDITIONAL USE PERMIT opposed. TKG SPRING PRAIRIE TKG Spring Prairie Development Four, LLC (TKG) is requesting DEVELOPMENT FOUR — a Growth Policy Amendment; Zone Change Map Amendment; GROWTH POLICY AMD, Planned Unit Development Overlay Zone; and Subdivision ZONE CHANGE, PLANNED Approval to develop a 28 acre site located on the southwest corner UNIT DEVELOPMENT, AND of US 93 and Old Reserve Drive into 14 building pads to be PRELIMINARY PLAT utilized for general commercial development similar in nature to phases 1-3 of Spring Prairie to the immediate north. TKG will be developing this project via a lease with the Department of Natural Resources and Conservation who oversees State School Trust Lands. The site is bounded on the north by Old Reserve Drive and Spring Prairie Phases 1-3, on the west and south by Kidsports, and on the east by US Highway 93 N. BOARD MEMBERS RECUSED Doug Kauffman and Steve Lorch recused themselves from the THEMSELVES discussion and votes on this project due to conflicts of interest. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed staff report KGPA-15-01, KZC-15-01, KPUD-15-01 & Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 16 KPP 15-01 for the board. Nygren noted the growth policy amendment would change the land use designation of the property from Public and open space to commercial. The zone change request is to change the zone P-1 Public to B-2 General Business and a planned unit development overlay to improve the design of the project site as it relates to architecture, landscaping, pedestrian access, signage and allowable uses. Finally the preliminary plat is for the subdivision of the property into 14 lots. TKG will be developing this project via lease with the Department of Natural Resources and Conservation (DNRC) who oversees State School Trust lands. The application has come to fruition after years of negotiation which culminated in the City of Kalispell providing financial support to purchase a permanent easement from DNRC for the KidSports property. In conjunction with the transaction KidSports agreed to release the subject property back to DNRC so that they could develop the property at the highest and best use. TKG is requesting to utilize all municipal public services including water, sewer, police and fire services. The 28 acre project site is currently being used as the former DNRC offices building and KidSports cross-country track. The DNRC has relocated their facilities and the office building is currently unoccupied. The cross -county track loops around the south end of the subject property and connects back to the northwest into KidSports. There is a pond that receives the stormwater flows from on -site and from the development to the north. Nygren described the current and surrounding zoning and land uses for the board. The Section 36 Neighborhood Plan, passed in 1999, would not allow for commercial development as it was designated sports fields. The 2010 Plan, approved in 1986, gave the southern portion of the parcel open space designation and it was not until the 2020 Growth Policy was passed in 2003 that the remainder of the parcel was given public and open space land use designation, with a 5 acre portion at the northeast corner designated commercial. Nygren reviewed the preliminary plat. Access to the site is from a full movement at the southern intersection of the property where a new traffic light will be installed; and two right -in only intersections along US Highway 93 North. A pedestrian path will lead from the development into KidSports. Nygren reviewed the landscaping plan in detail. Nygren noted that the developer agreed to change the pedestrian path to another location so it is not dead - ending at the parking lots. Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 17 Nygren noted conditions have been added regarding fencing and landscaping of the ponds and sidewalk standards that would include a seven foot landscape buffer with a six foot sidewalk and additional 6 foot pathways connecting to the bike path. Four-sided architecture will be required and large -rectangular masses will be avoided by incorporating off -sets on the walls and roofs and the use of building materials will be similar to Spring Prairie Phases 1 through 3. Signage allowed for phase 4 is one free-standing sign, which is the same that was allowed for the other phases of the Spring Prairie Development and the developments on the east side of Highway 93. The reason for the limited signage is to prevent the corridor from being littered with signs. 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. 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 on the Kalispell Zoning Map. 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 30 conditions listed in the staff report. 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 30 conditions listed in the staff report. PUBLIC HEARING Karen Blumenstein, Flower & Stone, 88 Inverness Circle Drive East, Denver, Colorado stated she is representing the applicant. Blumenstein said a great deal of time was spent talking with city staff and KidSports about this project. She described the agreement they have with KidSports to grade some areas that will be used as future multi -use fields and coordinate access between the two sites, and to ensure the experience that people have when they are at KidSports is not diminished by the commercial use. Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 18 Blumenstein reviewed the conditions and their concerns are as follows: • Condition 96 — Recreational area. They are suggesting an amendment to the language to delete the terms "pads for playground equipment" and insert "and grading acceptable to KidSports for their intended future use." • Condition 97 — Retention pond. Blumenstein said they read this condition as ensuring that any chain link fencing, or similar type fencing, is placed with associated landscaping. • Condition 410a — Architectural design. She asked for clarification with respect to colors of concrete products on building faces and if building faces means building frontage they would have no problem with the condition. She added, the rear of the buildings that they developed on the Cabela's Outpost center, are painted concrete CMU block, and no painting is on the front or sides of the buildings. • Condition #Ilb — Sidewalks around detention pond. Blumenstein said they have no problem expanding their current sidewalk size to 6 feet and add a 7 foot landscape boulevard. She asked if staff could clarify that this could be an exception if the space is not available along the detention pond. • Condition #llc — Sidewalk and landscape boulevards fronting the internal streets requirement. She felt that this condition was onerous. They focus on walk ability for their projects and it doesn't show that you need a sidewalk around all sides of an out parcel. They ensure that the sidewalks relate to one another. It also puts a big expense on an out parcel user and it has not been required for any of the developments on either the east of west side of the highway. Also in condition 911 c she requested that the language "Prior to building permit issuance" be changed to Prior to the issuance of the Certificate of Occupancy" as those improvements cannot be completed until the building permit is issued. (Recorder's Note: This change of language would also apply to I Id.) • Condition 21, 24 and 28 — Blumenstein noted staff agreed to change the language on those conditions so that these obligations will occur "prior to final plat". Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 19 Also the signature block in condition 928 should be changed to the Montana Department of Natural Resources and Conservation instead of the developer. • Condition #9 — Signage. They have concerns about being allowed only one freestanding sign. Hutton Ranch has two 24 foot pylons and Home Depot has three freestanding signs — one pylon and two small monument signs. She feels that the signage regulations are not being evenly enforced across the corridor. They have two main access sites into their center, one at the south end where the new stoplight will be installed, and on onto Old Reserve Loop where there will be two full movements. As the bypass comes in there will be significant traffic from the west to the east and they want to have identifiers so the customers know when to turn to gain access to their center. In addition to the one freestanding sign that is allowed, they are requesting a smaller type 2 sign on Old Reserve and possible consideration for another sign at the corner of Highway 93 North and Old Reserve. There was lengthy discussion regarding condition 99 and the signage allowed v. the signage requested. Sorensen further clarified the signage calculations and the factors that determined the signs in the other developments in this area. . Graham felt this development was different from the others because it is on a corner of a major intersection. Sorensen said that was also looked at in the signage calculation and he explained further. Blumenstein stated they are not looking for a variance to the sign regulations and are agreeing to comply with the sign regulations for setbacks, height and distance from the highway. Young noted it appears there are two different interpretations of the sign code and he asked if the planning board will make a decision or can staff and the developer meet again to come to an agreement. Jentz noted this is not an interpretation it is a policy statement that has been carried through all the development of the north of Kalispell and the board needs to decide if it is reasonable to continue with that policy in this situation. Further discussion was held. Mayre Flowers, Citizens for a Better Flathead, 35 4t' Street West in Kalispell stated for the record that State law requires the city provide a meeting notice, along with the staff report 15 days prior to a meeting, which has been done. She cited the provisions under Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 110 the Montana Constitution for the right to participation. In the case of this meeting the staff report was available on Thursday for a hearing on the following Tuesday which does not provide adequate time for the public review. She asked to the board to consider that as a policy going forward. Flowers said they would argue that the highest and best use for the City of Kalispell is that this property remains parkland, which is a scarce and important commodity. Flowers continued in order to protect the interest of the city and the city taxpayers we need to see some record of what kind of taxes have been coming from this leased property to cover services and to make sure that this condition is in place for this development moving forward as well. Flowers asked for clarification of the discussion of the MDT pond not being encircled by a chain link fence. She encouraged the board to support the city staff s recommendations on the signage. This corridor, because of the heavy traffic, has benefitted from the implementation of landscaping, sidewalks, and limited signage and she would encourage the board to continue that policy. Flowers noted under condition l l c the requirement for sidewalks around the buildings are appropriate. It is problematic in some of the other developments not to have adequate sidewalks and with the intensity of the development being proposed it makes sense. Chris Parson, Vice President of the Kalispell Chamber of Commerce stated on behalf of the board and the chamber president Joe Unterreiner he wanted to express their support of the growth policy, zoning amendments, the PUD overlay zone and the subdivision approve for this project. The impacts to the economy with the first three phases have been significant and have been referred to as a regional center which is 18% of our economy and continuing to grow. Parson cited the positive impacts on the community, the collaboration with Kidsports and enhancing the future of the youth athletics, and also the new traffic light proposed in front of the college which will improve safety in this area. Roy Beekman, 182 Morning View Drive, Kalispell stated he is a member of the Kidsports Board and has been since its inception. They are fully in support of the growth policy amendment, zoning, PUD overlay and subdivision for this development. KidSports has been working with the developer ever since this project was started, they have been great to work with and he doesn't think there is anything that the developer wouldn't be willing to at least Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 111 discuss with city staff to reach an agreement. MOTION — GROWTH Regier moved and Pesola seconded a motion to adopt staff report POLICY AMENDMENT 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. ROLL CALL The motion was passed unanimously on a roll call vote. MOTION — ZONE CHANGE Regier moved and Pesola seconded a motion to adopt staff report KZC-15-01 and recommend that initial zoning of the 28 acre site be B-2 on the Kalispell Zoning Map. ROLL CALL The motion was passed unanimously on a roll call vote. MOTION — PLANNED UNIT Regier moved and Pesola seconded a motion to adopt staff report DEVELOPMENT & KPUD-15-01 and KPP-15-01 as findings of fact and recommend PRELIMINARY PLAT to the Kalispell City Council the PUD for Spring Prairie Phase 4 and preliminary plat be approved subject to the 30 conditions listed in the staff report. BOARD DISCUSSION Young asked about the question of the availability of the staff report and Jentz stated we always meet the 15 day meeting notice requirement but is not aware of any requirement that the staff report also be available 15 days prior to the meeting. For this project approximately 45 days ago notices were sent out to the adjoining property owners for the work session, which also included a notice of the public hearing tonight. Staff usually sends the packets to the board one week prior to the hearing, the staff reports are posted at that time and all application materials are posted on the website shortly after they are received in our office. Jentz noted if the city council wants to direct staff to change this process staff would entertain that request. Graham asked about the question of taxes on state land and Lorch said state trust lands are not taxed but as soon as the land is put to beneficial use they calculate taxes as though it is private land, based on the size of the parcel and the value of the improvements. The land owner isn't taxed but the beneficial user is and the city receives the same amount of benefits from these developments as they would if this was on private land. Karen Blumenstein briefly reviewed the changes they are requesting to the conditions. (See bulleted points above) Nygren noted staff has the following comments regarding the requested amendments or clarification of the conditions: Condition #6 — staff has no opposition to this change. Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 112 Condition #7 — Nygren noted the city wants the retention pond fenced with landscaped approved by the Parks & Recreation Director and Public Works. Condition #9 — The sign request is for one type 3 sign along Highway 93 North, which is allowed within the condition, and a second type 2 sign that would be 12 feet high, otherwise complying with the sign code in terms of sign faces, that will sit along Old Reserve at one of the two full -movement intersections. There was lengthy discussion regarding the requested amendment to condition 99. Young asked, what is the potential precedent that the board may be setting to recommend allowing the additional sign on Old Reserve? Jentz said it could be any number of businesses asking for additional signage. Jentz added the board could state that they have looked at the situation at this location and then come up with findings why it makes sense. Young noted the property to the west is recreational and it is unlikely they would ever have need for a monument sign so allowing the sign would welcome the public to the commercial part of Kalispell. Blumenstein noted this development will be seeing a significant amount of traffic coming from west to east, when the bypass is completed. That is why they are focused on having a way finding tool at the future signal location on Old Reserve. Additional discussion was held. MOTION — AMENDMENT Pesola moved and Young seconded a motion to adopt the CONDITION #9 amendment to Condition 99 as follows: "Signage for the development shall be calculated as a shopping center. Within that allowed area, signage for the development may include up to two freestanding signs - I single type 2 sign on Old Reserve, and I type 3 sign on Highway 93 as shown on the sign exhibit of the applicant's portfolio. All others provision relative to the sign code shall comply with Chapter 27.22 (Sign Regulations) of the Kalispell Zoning Ordinance." BOARD DISCUSSION Blumenstein said she is concerned it will diminish her capability to have signage elsewhere. Sorensen said using the calculation as a shopping center is the method staff used to arrive at the total amount of sign area for Mountain View Plaza and Hutton Ranch. Where you may see some type of difference would be what the wall signage would be for the buildings or the use. It would however be an increase in what they would have for freestanding signs so it is a trade-off. Young suggested that they move forward with the motion as it Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 113 (was stated by staff) and the developer always has the option to go before city council for their consideration. Graham stated if the amendment would be a trade-off on other aspects of signage within the project that they could do before but now they can't do, he can't support the amendment. Young added they have been asked to vote on the signage issue without all the information however, he doesn't think the developer wants the project held up. Blumenstein stated it would be acceptable to her to have an amendment that reads: "Two freestanding signs and staff and the developer will work through the particulars of overall signage square footage on the site." ROLL CALL — CONDITION #9 The motion, as amended by the board, passed on a roll call vote of three in favor and one opposed. BOARD DISCUSSION Condition #10.g — Nygren stated this condition would require the south side of the anchor lot nearest to KidSports to have some sort of entrance feature along it. The previous design, which is before the board, has a crossing by the truck turnaround and a sidewalk against a blank wall. With the current design and moving the sidewalk to the other side, and with the landscaping being added, that condition is no longer required. Staff recommended deleting condition #10.g. Condition #11b — Nygren said staff is ok with the amendments as long the 10 foot path is carried all the way along the retention pond. Blumenstein said a 10 foot path will not fit along the retention pond and it shouldn't be an obligation and then to find they would need a variance. They will work with Parks & Rec to resolve the issue when the width can be determined. Jentz said this is an evolving project and it is now significantly better than what the city started off with. With minor deviations such as this it can be handled in-house through the Site Review Committee, so a variance is not required. Further discussion was held and the condition was approved as written in the staff report. Condition #11c — Blumenstein said she would work with staff on this condition and it was approved as written in the staff report. Condition #11c & d - Change "Prior to building permit" issuance to "Prior to certificate of occupancy issuance". Nygren said staff agrees with that amendment. Conditions #21, #24 & # 28 — Staff agrees to the amendments to all three conditions. Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 114 ROLL CALL The original motion to approve the planned unit development & preliminary plat for TKG Spring Prairie Development Four, with the amendments to the conditions listed above, passed unanimously on a roll call vote. BOARD MEMBERS Steve Lorch & Doug Kauffman were reseated. RETURNED TO THEIR SEAT OLD BUSINESS: Flathead High School Parking District is going to city council for a work session on March 23, 2015. NEW BUSINESS: Jentz noted there will be a board meeting next month. The agenda will include an agency exemption from Flathead County for work on the historic jail/juvenile detention remodel. And the rules/bylaws of the Kalispell City Planning Board will be discussed. ADJOURNMENT The meeting adjourned at approximately 9:40 p.m. NEXT MEETING The next regular planning board meeting is scheduled for April 14, 2015 beginning at 7:00 p.m. and located in the Kalispell City Council Chambers, 201 1 st Avenue East, Kalispell. /s/ Chad Graham Chad Graham President APPROVED as submitted: 04/14/15 /s/Michelle Anderson Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of March 10, 2015 Page 115 RESOLUTION NO. KGPA-15-01 AN AMENDMENT TO THE CITY OF KALISPELL GROWTH POLICY 2020 A RESOLUTION RECOMMENDING ADOPTION OF AN AMENDMENT TO THE KALISPELL CITY GROWTH POLICY 2020 ADOPTED FEBRUARY 18, 2003 TO BE KNOWN AS SPRING PRAIRIE PHASE FOUR MAP AMENDMENT WHEREAS, the current Kalispell Growth Policy 2020 was adopted by the Kalispell City Council on February 18, 2003 with Resolution No. 4773; and WHEREAS, since that time considerable commercial activity has developed in the area adjacent to the proposed Phase 4 of Spring Prairie; and WHEREAS, the Department of Natural Resources and Conservation (DNRC) is requesting; the subject property have the land use designation changed from Public and Open Space to Commercial to obtain the "highest and best use" as required under Section 77-1-601, MCA; and WHEREAS, the DNRC has rf located their office campus from this site in anticipation of developing the site to a more intense commercial scale and the City of Kalispell and Kidsports did negotiate with DNRC to modify their abutting boundaries with DNRC so as to mitigate any negative impacts should this area develop or redevelop; and WHEREAS, the plan amendment is consistent with surrounding development and the goals and policies of the City of Kalispell Growth Policy 2020 and is served by all municipal public services including water, sewer, police and fire services that will be utilized; and WHEREAS, the Kalispell City Planning Board held a public hearing on March 10, 2015 at 7:00 PM in the Kalispell Council Chambers after due notice to the public and received comments upon the proposal and evaluated the proposed plan amendment in accordance with the goals and policies of the Kalispell City Growth Policy 2020; and WHEREAS, the City of Kalispell Planning Board did adopt staff report KPGA-15-01 as fndin;s of fact: and WHEREAS, the adoption of this resolution would effectively amend the Kalispell Growth Policy 2020 to reflect 23 acres of the subject property being changed to commercial land use category; and NOW THEREFORE BE IT RESOLVED, that the Kalispell City Planning Board recommends to the Kalispell City Council, Exhibit A attached hereto, Spring Prairie Phase Four Growth Map Amendment be adopted as an amendment to the Kalispell Growth Policy 2020. March 17, 20 5 A President ty Planning Board PLANNING FOR THE F=RE MONTANA Planning Department 201 1stAvenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 wwwAalisp le l.com1planning APPLICATION FOR GROWTH POLICY AMENDMENT (GPA) PROJECT NAME: TKG Spring Prairie Development Four 1. NAME OF APPLICANT: TKG Spring Prairie Development Four L.L.C. 2. MAILADDRESS: c/o The Kroenke Group, 211 N. Stadium Blvd., Columbia, M_O 65203. All correspondence related to this project should be sent to Flower & Stone. Ltd., Attn: Karen Blumenstein, 88 Inverness Circle Drive East, Building G, Suite 103. 3. CITY/STATE/ZIP: Englewood, CO 80112 PHONE: 303 351 7989 NAME AND ADDRESS OF OWNER/S IF DIFFERENT THAN APPLICANT: 4. NAME: (same) 5. MAILADDRESS: 6. CITY/STATE/ZI P: HONE: 7. TECHNICAL ASSISTANCE: See attached list of professionals B. MAILADDRESS: 9. CITY/STATE/ZIP: PHONE: If there are others who should be notified during the review process, please list those. A. Property Address: 2250 Highway 93 N. Kalispell, MT 59901 B. Total Area of Property: 28.233 Acres C. Legal description including section, township & range: See attached legal description D. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the issues, goals and policies associated with the Proposed development. Response: The Development Team envisions the Project as the leading shopping, dining and entertainment destination in Kalispell. Working in synergy with the adjacent Kidsports Athletic Complex — one of the largest community sports complexes in the State of Montana — the Project will create a commercial driver to support the significant visitor traffic to the athletic complex and to the surrounding community. Developed on the entire parcel, the Project is intended to include a mix of uses including a hotel and national and local retailers focused on providing services which are, in many cases, not already provided to the market. We envision a strong anchor retailer for the center (such as a full service department store or grocery store) and a mix of smaller retailers focused on specific market segments. Lot sizes will vary to support the end user's needs, with each lot providing ample parking for that user's visitors and landscaping features to compliment the native features of the area and provide opportunities for visitors to gather and relax. The location of the Project along Highway 93 demands that automobile access and circulation play a major role in the site layout. Parking areas will be broken into smaller blocks separated by landscaped islands. As a result, the visual impact of large parking fields will be minimized. b. Proiect feasibility and_a schedule showing the timeframe in which each phase will be completed. Response: Site construction is intended to commence shortly after the entitlement/approval process is complete. As with any development project, ultimately market demand will dictate the phasing and timing of the development. The developers intention and financial ability permit it to develop the full site in one phase as leasing of the available parcels occurs. C. A showing of the conformance of this amendment with the growth policy overall. Response: The City of Kalispell Growth Policy 2020 (the "2020 Plan") designates the Property as Public or Open Space. Current zoning is P-1. All of the property to the south of the Property is designated as commercial up until the north Bypass Road. A review of the 2020 Plan and the City of Kalispell Draft Growth Plan It - 2030 (the "2030 Plan") both note that the area north of the Property has become "[Tjhe fourth major commercial district.... This area is also auto -oriented, but incorporates coordinated site and landscape designs that promote safety, functionality and aesthetics." In addition the both the 2020 Plan and the 2030 plan state a preference for contiguous commercial districts "to avoid the creation of... leapfrog development." The City of Kalispell has taken a direct act to support development of the Property as commercial. In early 2013 the City provided KidSports with financial support to purchase a permanent easement from the DNRC for its parcel adjacent to the Property. In conjunction with that transaction, KidSports agreed to release the Property back to the DNRC so that the DNRC could develop the property for commercial uses. While neither the 2020 Plan nor the 2030 Plan designate the Property as commercial, the City's conduct has 2 clearly evidenced its support and belief that the highest and best use of the Property would be for commercial development. The City's Growth Policy plans note that "Retail commercial development should have convenient access to Hwy 93" and that "large scale retail should be encourage to develop in an architecturally compatible way and with an integrated design interconnecting developments with existing developments and future planned developments rather than as an isolated development. The fact that the properties to the north of the Property on both the east and west sides of Hwy 93 are all commercial supports development of the Property consistent with the existing development in the area. Amendment of the Growth Plan to designate the Property as commercial will not be detrimental to adjacent properties of the community. The commercial designation is consistent with the reality of how the land uses in the north sector of the City have developed. In addition, designating of the property as commercial and its commercial development are consistent with the City's actions and the wishes of Kidsports. d. A convincing showing of need. Response: The US 93 corridor continues to be the epicenter of commercial growth in the Kalispell area. With other recently developed shopping centers nearby, the Project will continue to shift the retail focus in Kalispell to this area. This in turn will fuel other development potential as other uses, such as office, residential, public or institutional will be attracted to the area. Absent modification of the current growth policy to permit designation of the Property as commercial the Property will not be developed in what has been determined to be its highest and best use. e. A showing of neighborhood compatibility. Where there are more intensive uses or incompatible uses planned within the plan area or onthe boundaries, how the impacts of those uses would be mitigated. Response: As the property is located along the commercial corridor of Hwy 93 it is particularly suited for this use. The level of traffic and speeds along Hwy 93 do not support residential uses. The site plan respects the uses of the area and strikes a balance between commercial uses and additional open and gathering space in relation to Kidsports. The Project, as envisioned, will provide several key benefits to the Community: ❑ High quality development that sets the standard and expectation for future development of the area in general. ❑ A mix of retail, restaurant, hotel and commercial uses that provide needed goods and services in a variety of formats, including much needed sit-down restaurants and restaurants focused on serving the families that access the Kidsports Athletic Complex. ❑ A safe place for gathering before and after events at the Kidsports Athletic Complex so that the community can create new relationships and reinforce existing relationships in a setting that will acknowledge and foster its unique elements. ❑ Infrastructure improvements that will serve the Development and surrounding development. 3 C3 A long-term ground rent with escalations to monetarily benefit the School Trust. In addition, we believe that the plan and Development are highly compatible with the adjacent property. To ensure limited impact of the development the plan includes a significant berm at the rear to shield the adjacent Kidsports fields from the truck dock and loading areas of the Development. This area will be intensely landscaped to ensure evergreen plantings and all season screening. f. A showing of transportation impacts and general proposed mitigation measures. Response: Concurrent with our submittals a full traffic impact report has been completed. The executive summary of that reports notes that other than at the intersection of the Flathead Valley Community College with Highway 93 the Development will have little impact on the surrounding road system. Most of the intersections in this area will continue to operate at acceptable levels with the additional traffic from the proposed development, but the intersection of the Flathead Valley Community College with Highway 93 will likely require the installation of a traffic signal to ensure effective access to the development site. Additionally, the proposed northern approach to the Development from Highway 93 should be restricted to right-in/out only. The intersections along Reserve Loop will function adequately through full build -out. Future development in the surrounding area and the completion of construction of the Highway 93 Bypass may prompt the need for a traffic signal along Reserve Loop.These intersections should be monitored to ensure proper operation as this area continues to develop. g. A listing of the environmental impacts associated with the plan amendment. Response: A Phase I Environmental Site Assessment (ESA) and Hazardous Building Materials Survey (HBMS) were conducted. In addition, a wetlands delineation is currently being undertaken. The ESA notes that the site was developed and utilized for agricultural purposes as early as 1946 until 2005. Additionally, the Montana Department of Natural Resources and Conservation (DNRC) maintained a field office at the site from the 1960's until 2008.The topographic slope of the property is generally toward the northeast. Vegetation on the Subject Site consists of native grasses and shrubs along with numerous coniferous and deciduous trees. Depth to groundwater is estimated to be 73 feet below ground surface. No deminimis solid waste disposal was observed in this area. No evidence of unauthorized solid waste disposal was observed on the Subject Site. This Phase I Environmental Site Assessment has not revealed evidence of a recognized environmental condition in connection with the Subject Site. A wetland was noted on the NEPA report. The identified wetland corresponds to the existing site retention pond. Prior to any development of a wetland area the Developer will obtain any applicable permits. To the best of our knowledge no environmental impacts are anticipated in connection with the commercial development of the Property. h. A listing of all know site hazards and general mitigation strategies Response: The ESA noted that vehicle repair reportedly occurred at the Property and two underground storage tanks (USTs) were also used at the site. Little information is available regarding vehicle repair activities but they typically include handling and disposal of hazardous chemicals. The tanks were removed 4 in 1989. Confirmation soil sampling was done at the time of the removal of the USTs and petroleum hydrocarbon levels in the soil below the USTs were below regulatory threshold levels. There is no additional documentation regarding removal or disposal of contaminated soil. There is potential that contamination may remain on Site from the UST releases. Additionally, a septic system is reportedly still located on the property. While this is not an environmental concern, if encountered during site development it will be removed anddisposed of in accordance with local and/or state regulations. To the best of our knowledge no other site hazards exist. L A strategy for the adequate provision of local services Response: Water, Sewer, Storm. We direct your attention to the utility plan submittal to review the intended plan for access to the existing water, sewer and storm facilities. The City has confirmed that it is able to service the Property and its intended development purpose. Police and Fire facilities currently exist to service the Property. Parks and open space, trails and pedestrian ways. The Development will comply with all regulations regarding the development of park, trail and pedestrian infrastructure. Schools. No impacts on the existing school population will occur from this development. Gas, electricity, telephone. The Development will utilize the existing utility providers for these services. j. A showing of the appropriateness of the proposed location of the proiect. see below res onse under item K k. The extent to which the plan departs from the existing growth policy and the reasons why such departures are or are not deemed to be in the public interest. Response to Items 1 and K: The City of Kalispell Growth Policy 2020 (the "2020 Plan") designates the Property as Public or Open Space. Current zoning is P-1. All of the property to the south of the Property is designated as commercial up until the north Bypass Road. A review of the 2020 Plan and the City of Kalispell Draft Growth Plan It - 2030 (the "2030 Plan") both note that the area north of the Property has become "[Tjhe fourth major commercial district.... This area is also auto -oriented, but incorporates coordinated site and landscape designs that promote safety, functionality and aesthetics." In addition the both the 2020 Plan and the 2030 plan state a preference for contiguous commercial districts "to avoid the creation of... leapfrog development." The City of Kalispell has taken a direct act to support development of the Property as commercial. In early 2013 the City provided KidSports with financial support to purchase a permanent easement from the DNRC for its parcel adjacent to the Property. In conjunction with that transaction, KidSports agreed to release the Property back to the DNRC so that the DNRC could develop the property for commercial uses. While neither the 2020 Plan nor the 2030 Plan 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. 5 The City's Growth Policy plans note that "Retail commercial development should have convenient access to Hwy 93" and that "large scale retail should be encourage to develop in an architecturally compatible way and with an integrated design interconnecting developments with existing developments and future planned developments rather than as an isolated development. The fact that the properties to the north of the Property on both the east and west sides of Hwy 93 are all commercial supports development of the Property consistent with the existing development in the area. Amendment of the Growth Plan to designate the Property as commercial will not be detrimental to adjacent properties of the community. The commercial designation is consistent with the reality of how the land uses in the north sector of the City have developed. In addition, designating of the property as commercial and its commercial development are consistent with the City's actions and the wishes of Kidsports. 1. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: Response: The requested schematic items noted below are included in our submittal. (1). Property boundary locations. (2). Site hazards or environmental constraints including area of steep slopes (10% and 25%), floodplain and flood way,drainage or streams; (3). Total acreage, current growth policy designation and present zoning classifications; (4). Growth policy and zoning classification of all adjoining properties; (5). Assignment of major land use categories. A showing of density and intensity of major land uses including, for example, dwelling units per gross acre, square footages of commercial/acre, square footage of industrial uses/acre, potential public facilities and buildings, open space uses, etc. (6). Collector and arterial road systems. Any unusual road features (bridges, frontage roads, etc.) (7). Location and type of significant open space, common areas or substantial buffers, and major pedestrian trail systems; (8). Proposed schedule of completions and phasing of the development, if applicable; (9). Existing covenants, conditions and restrictions which would significantly alter development within the area; (10). Special or unusual design features intended to mitigate identified site hazards. (11). Any other information that may be deemed relevant and appropriate to allow for adequate review. T The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning Department staff to be presenton the property for routine monitoring and inspection during review process. TKG Spring Prairie Development Four, L.L.C. By: Karen Blumenstein An Authorized Agent (Date) 7 LEGAL DESCRIPTION - 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, S89058'06"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 N21 °02'33 "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 S00009' 13 "W 47.74 FEET; THENCE S 14002'47 "E 61.86 FEET; THENCE S00012'01 "W 1000.10 FEET; THENCE S 14016'50" W 41.18 FEET; THENCE S00011'01 "W 299.89 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N89050'21 "W 80.07 FEET; THENCE S00009'27"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 N90000'00"W 363.66 FEET; THENCE N00001'47"W 831.87 FEET; THENCE N89058'06"W 400.00 FEET; THENCE N00001'47"W 300.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 28.233 ACRES. LINE LABELS LINE # BEARING DISTANCE L1 SO'09' 13"W 47.74' L2 S14'02'47"E 61.86' L3 S14'16'S0"W 41.18' L4 N89'S0'21 "W 80.07' L5 SO'09'27"W 99.93' RESERVE LOOP S89'58'06"E P.O.B. 1249.19' N u �a 0 zM �ca`SC' ❑ 400.00' RESERVE LOOP HU TON E boos N89'58'06" WROADu 0 2` z s o am ,SUBJECT 0 TKG SPRING PRAIRIE DEVELOPMENT FOUR N ( 28.233 AC. a PROPERTY M r- w p H p W LL'Lo N 0 wa=° 2250 HWY. 93 N. z U) D DRAWN BY: RJS _ KALISPELL, MT co � DESIGNED BY: p M m 'Cj QUALITY CHECK: O 0 DATE: JAN. 2015 Z Q 4 -4 -� & JOB NO. K14-024011 V '�y FIELDBOOK � Go GOB" = Z 0 (j) H _ >_ m 0 100' 200' 300' Uj 0 2 IIIII I I m X SCALE W cl) cl) W 363.66' M O 0 N90'00'00"W H Z Z W H �S, FOUR MILE DRIVE GRANDVIEW DRIVE z m ' e O ss o ® ® ® �i 0 0 Z cn W J Q `NI p W uj N Z cn 0 VICINITY MAP o 00� wY a a M L4 NOT TO SCALE �_ UO Z 04 J a 225.04' N89'49'53"W a a 0 D_ 0 a Y H PROPERTY MAP.DWG SHEET ZONING - CURRENT: P-1 PROPOSED: B-5 GROWTH POLICY - CURRENT: PUBLIC/OPEN SPACE PROPOSED: MIXED COMMERCIAL Spring Prairie 4 Growth Policy Amendment From Public to Commercial (23 acres) LLI z' o z Subject Property Wa.T RESERVE I HUTTON RANCH NO NAME CHAMPION WAY T � Commercial Park Op ensp ace O ® Amendment Area 0 0.125 0.25 Miles FIRM Chamber of Commerce Convention P, Visitor Bureau 2015 March 6, 2015 BOARD OFFICERS Bndn Pelc I" - Members of the Kalispell Planning Board Lisa Brown 201 First Avenue East Kalispell, Montana 59901 Mike Mower . q't 14 i 00!ufe' Reed Gunlikson Sub'ect Support for Spring Prairie Deve opment Phase V %; 75i _fNJrrrni:n Joe Unterreiner Dear Member of the Kalispell Planning Board: BOARD OF DIRECTORS On behalf of the Kalispell Chamber of Commerce, I would like to offer our JoeCarbonai, support for your approval on all four questions before you at the March 10" public Jim Drdyer hearing on the Spring Prairie Phase IV development: 1) growth policy map amendment, Mark Gronley Bob Herron 2) zone change amendment, 3) planned unit development overlay zone, and 4) Mark Johnson subdivision approval. Kristen Jones Jason Manger David Mitchell Phases 1-III of this development have made outstanding additions to our Bob Nystuen economy and have contributed to Kalispell's continuing evolution as a regional trade Chris Ohlet center for Northwest Montana. The University of Montana's Bureau of Business and Jim Oliverson Jim Petm son Economic Research lists this trend as an important strength of our economy (2015 Jerry Sorensen Economic Outlook). Trade center retail and services now comprise 18 percent of the Laura Taylor Fathead County economy. KaryTonjum i iolly Wagner DavidWaldenherg The project offers other community benefits as well. The development is Rickerweaver collaborating with the Kidsports Complex to create additional ball fields when they EX OFFIC10DIRECTORS grade the site to make the berm and tree screening on the west side of the project. 10-irk Fldtdu Additionally, the proposed community park/dog park on the south end of the complex Mike Pence will be a nice addition to the community and provide a good transition to the rest of the Ditaria Phelps youth athletic facilities. The new traffic light approximately one quarter mile north of Doug Russell the 4 Mile -Grandview intersection will improve safety for Flathead Valley Community PROGRAMS College students, faculty and staff, and all of the travelling public. Business Expansion and Retention Your approval will have beneficial impacts for the citizens of Kalispell and all of Flathead Regional Flathead County. Thank you for your consideration of this important project. Business Center Kalispell Convention R Visitor Bureau Sincerely, Kalispell Chamber Foundation Leadership Flathead 10 U rreiner, President Manufacturers Alliance lispell Chamber of Commerce t 15 Depot Park I Kalispell, MT 59901 1 (P) 406-758-2800 1 (F) 406-758-2805 1 www.kalispellcliambet.com (kkirdsp�oAs "m Kids dr Sports M��� BUILDING THE DREAM TOGETHER FOR THE YOUTH OF FLATHEAD VALLEY T.1,7, 1c �9 L� I I E-j ca I MAR 0 9 2015 March 4, 2015 VZISPEL L PL1:1-!Ii1G DEPARTMEILT Mr. Tom Jentz, Planning Director City of Kalispell 201 First Avenue East Kalispell, MT 59901 Sent Electronically Re: Victory Commons Dear Tom: This letter supports the proposal presently before the Kalispell Planning Board for commercial development of the area known as Victory Commons (old DNRC location) along U.S. Hwy. 93 North. We have benefitted from frequent communication with Karen Blumenstein on behalf of the developer, and have found Karen very accessible, willing to listen and responsive to questions and concerns presented by Kidsports. The present renderings address issues we discussed with Karen and, based on experience to date, we believe that future issues will quickly be resolved. For instance, viewing those plans, we support locating a berm west of the anchor tenant and adding large amounts of significant vegetation (i.e. dense and tall) that will enhance sight lines between Kidsports and Victory Commons. Our discussions have also addressed traffic ingress into and egress from Kidsports and how it may interact with traffic at Victory Commons, along with the transition between our respective dI velopinents. Kidsports is encouraged to have a neighbor that has been open and forthright, and intent on solving issues. We look forward to a healthy, future relationship. Sincerely, DANIEL D. S, President (406) 752-6644 P.O. Box 1205 0 KXLISPCLL, MT 59903 March 10, 2015 1827 Bluestone Dr Kalispell MT 59901 Re: Public Hearing on Proposed Development at "Victory Commons" Mr. Tom Jentz, Director of Planning, City of Kalispell Dear Planning Board Members: I have reviewed the proposed plans for the development on the corner across from Costco and bordering Kidsports Complex. There are 4 concerns that the planning board must carefully consider. (1) The proposed development is on land that includes a pond and many trees. This pond provides for drainage from the Costco area. This area, if it were to be filled in and built upon will probably raise the water table in the surrounding area and cause water seepage in low areas such as the spring near the children's play area and the softball fields at Kidsports. a. Reason for concern: I currently live in the area near the alternate 93 bypass. When the road was built and drainage put in for the road, it was not adequate to keep the water table from rising. In addition, all of the new development in the area and the earth berm on the west side of the road also created an impact on the drainage of the area. b. Possible solution: The plan should be revised to keep the pond as a public area and the construction of new buildings built around it. The planning board must ensure that adequate planning precedes any development to ensure adequate drainage is provided. (2) The proposed development is on public land that will need to be rezoned for commercial use. While I understand the need to use school trust land in accordance with state law, the City of Kalispell (and its people) will lose valuable public space if commercial development is allowed without addressing the impact of the buildings on the remainder of the site (Kidsports Complex) with regard to visual, auditory and smell. The current plans call for an earth berm (how high?) and buildings (how tall?) and destruction of current trees and pond. There is no mention in the plan as to how the earth berm will be landscaped or how noise from the increased traffic will be mitigated. a. Reason for concern: The development in which I live, was sold to prospective buyers as having been approved for a park. There is no park in the development and no plans for a park. In looking into the matter, I was told that the developer can pay money to the city in exchange for not building a park. I do not have more facts on this matter at this time. The only park within walking distance was unimproved for over ten years while I lived there and there are no sidewalks to get to the park. I am very concerned about the public parks in Kalispell, their maintenance and planning for public areas in the future as Kalispell's population continues to increase. b. Possible solution: The plan should be revised to approve only the smallest possible portion to be rezoned as commercial space and the remainder as public space. In any rezoning, the stipulation must be made that requires the developer to adhere to the original requirements with regard to park space and access and not to change design once it is approved without public input. (3) The proposed development originally requested a new traffic light on US 93 and a new access point to US 93. While I understand that this plan may have already changed, I express my concern about the increased traffic that is inevitable with the new development. As Kidsports Complex has already experienced when there is an event, people will park their vehicles wherever there is space. Will there be fences to "protect" the parking spaces for customer's only? Will the traffic pattern at US 93 and the 93 Loop become another "Reserve Drive" as Missoula has witnessed? a. Reason for Concern: By Montana standards, the traffic during the afternoon is burdensome The increased noise has dampened the enjoyment of walking dogs in the area or running on the cross-country cross. With more people using the same space, conflicts regarding access to parking will arise. b. Possible solution: The planning board should require detailed plans as to the proposed pedestrian and vehicle traffic patterns. The pedestrian path should be well planned for actual use and be set apart from the highway so that it could actually be used in the winter. The board should not allow fences to be built to control access to parking spaces. (4) The proposed plan has a small section for a dog park. The reason why a developer has included this in its proposal is unclear to me. a. Reason for Concern: I walk my dog in the area almost every day. I know the problems that exist with regard to picking up after dogs. However, the proposed dog parks in this development are too small and will only create patches of fenced land that are barren of grass, dusty in the summer, and difficult to clean up. b. Possible solution: The city should require the dog parks to be much larger and well planned. Maintenance of the dog parks must be included in the plan. In lieu of this option, the developer should contribute to the building of a well -planned and useable dog park within the city limits in another area. Pedestrian and bicycle pathways to and from Kidsports Complex from the development should include stations for dog clean up. Dogs can be walked on leash. I send these concerns to the Kalispell Planning Board by letter as I am out-of-town at the time of the public hearing. I trust that each of you will read this letter and note its concerns. Kalispell will be a good place to live if only the need of the public for beauty and open space and the need for economic development are balanced. Plans are made for the future, not for the present. Indeed, if you view our community 20 years from now, will Kidsports and the surrounding area be as enjoyable to visit as it is now. Sincerely, sae 19611r f /s/Sue Paulson s.Paulson@bresnan.net Michelle Anderson From: Ed Ostiguy [EOstiguy@js-cpa.com] Sent: Sunday, March 08, 2015 9.42 AM To: edit@dailyinterlake.com; mhudson@dailyinterlake com Cc: Michelle Anderson Subject: Fwd: New Shopping Center Attachments: image001.jpg Why is there never any mention in the paper about traffic problems from all the development and no call for improvements in traffic flow. The only mention the the article in the paper this morning was is that "us 93 north Kalispell is the second -busiest road in Montana" like that's something to be proud of. If this traffic doesn't concern you than you must not drive this section of the road. How about an article addressing these concerns instead of pushing for another development just for the sake of development with no concern for proper infrastructure planning. The fact that I never received a reply to the email I sent to the planning board concerns me that there isn't any planning being done. Sincerely Ed Ostiguy Sent from my iPhone Begin forwarded message: From: Ed Ostiguy <EOstiguy@is-cpa.com> Date: February 12, 2015 at 6:53:49 AM MST To: "'planning@kalispell.com"' <planning@kalispell.com> Subject: New Shopping Center I'm aware as anyone that business is good for the valley but I think even more important is quality of life. I think quality of life is what brings most people to the valley including myself. I'm originally from Florida and I saw what growth without planning and infrastructure can do to ruin quality of life. I'm very concerned about all the new construction in the Costco/Walmart area. The traffic in that area is like a mini version of commuting in Tampa and is only getting worse. What are the plans for handling all this traffic other than the by-pass? I think most people agree that the by-pass is not going to significantly reduce traffic in the area and may even increase it. Even during the winter it takes a long time to take a left turn to Costco off of 93 often requiring several light cycles before getting through the intersection. Traffic often backs up to the college, especially during the summer. More business there, especially the one being planned right now and the future plans I hear about will be a disaster for traffic in the area. The road already needs to be widened from the hospital up to reserve to 6 lanes with two left turn lanes off of 93 into Costco. Are there plans for any of this?? Adding another traffic light at the college isn't going to do anything to help the flow of traffic, it's already backed up to the college anyway. I hope you are putting some serious thought into all of this and not just rubber stamping another project. On another note what about the bike paths in the area. It's great to have bike paths but it's very dangerous the way it's set up now with having to cross 93 multiple times if you want to stay on the bike paths instead of riding in the road. Are there plans to make sure the bike paths are continuous on each side of the road? Of course putting these bike paths in before planning for road improvements might mean having to tear them up and rebuild them which doesn't sound like good planning to me. Again it sounds like what they do in overpopulated and overbuilt areas of Florida. I love it here and don't want to see it turned into a traffic congested overbuilt town with no planning. Please let me know how you plan to address these issues before approving more development. Michelle Anderson From: Steve Brady [schooner. brady@gmail.com] Sent: Monday, March 09, 2015 9:38 PM To: Michelle Anderson Cc: Kalispell City Council Subject: Potential Wetland draining for new construction Dear Planning Board and Council, It was with dismay that we read that the City is considering allowing the new commercial development near Costco to drain the wetland there. There is sufficient land available around Kalispell for reasonable growth and commerce without the irresponsible step of filling in a wetland to make more commercial land. The days when we so drastically need to alter our environment for the convenience of a developer should be long past. We strongly recommend that you do not approve this element of the new development proposal. Steve and Trish Brady 176 Trailridge Road Kalispell Michelle Anderson To: Subject: Jarod Nygren; Tom Jentz FW: Spring Prairie Phase 4 From: Carly [mailto:CarlyW@centuD&gl.net] Sent: Monday, March 09, 2015 7:56 AM To: Michelle Anderson; Kalispell Planning Board Subject: Spring Prairie Phase 4 Mr. Jentz and Planning Board Members Does Kalispell really need another 28 acres of commercial development? How many more new stores does Kalispell really need? If the intent is to re-create the nightmare of Reserve Street in Missoula here in Kalispell, you are already near that point with the development already in place on Hwy 93. While I am not a Kalispell resident I do oppose this further blight on the area under consideration I would urge you to instead support revitalization of downtown Kalispell. Thank You, Carly Williams Bigfork This email has been checked for viruses by Avast antivirus software. www.avast.com Tom Jentz From: Kalispell City Council Sent: Monday, January 26, 2015 6:59 AM To: Tom Jentz, Chad Graham; Charlie Harball; Doug Russell; Jim Atkinson; Kari Gabriel; Mark Johnson; Phil Guiffrida; Rod Kuntz, Sandy Carlson; Tim Kluesner; Wayne Saverud Subject: Public Comment FW: Proposed new development on *93 From: garvey(bresnan.net [mailto:garvey(ftresnan.netl Sent: Saturday, January 24, 2015 8:07 AM To: Kalispell City Council Subject: Proposed new development on #93 I have not lived here in Kalispell all that long, but I have live in Montana for 7 years. A few years ago my wife and I came over from Billings to see about buying at home. At that time 2012, there were something like 273 homes in foreclosure in a town of a population of approximately 19,000 and we walked into Walmart at that time and you could have shot a gun off in the building and not hit anyone. For the Housing Bubble had burst and Kalispell was hard pressed to make ends meet with all those vacant houses and a brand new area of commercial buildings with major outlets and very few people shopping. I would go very slowly with this proposed new area of commercial development, for our economy over-all is still very shaky. I realize the Tax Revenue would be great, but if you don't have the population to support the commercial effort, then you are left with vacant buildings and no Tax Revenue. Minimum wage jobs will not support any commercial development unless there is a major industrial base to support the city in the first place and looking around Kalispell, what major industry is there, with the exception of the Medical Center? Mr. Jim Garvey Kalispell, Mt. Phone message left by Stacie Isch, lifelong resident of Kalispell Received Monday, March 9, 2015 @ 6:10 p.m. RE: Phase 4 Spring Prairie Development I am opposed to the Phase 4 Development. This is already a high traffic, high accident area. I drive it every day and it continues to get worse, it is a mess up there. There are already vacant buildings and businesses up north and in our community and with this project it is only going to get worse. This development. the help that it gives to our school system and the few extra jobs it gives to our community is not worth it. Please, please, keep Kalispell a nice place to live and deny this project. Jarod Nygren From: Riley, Jean <jriley@mtgov> Sent: Wednesday, March 11, 2015 7:12 AM To: Jarod Nygren Subject: Spring Prairie IV (Victory Commons) Jarod, I wanted to let you know that MDT did review the possibility of right -in only approaches on US 93 south of Reserve Loop and the new full movement approach across from the college approach. MDT will consider allowing the two approaches only if the developer can design the approaches to allow for safe ingress using MDT standards for geometrics. If you have any questions, please give me a call. Jean A Riley, P.E. - Transportation Planning Engineer Policy, Program & Performance Analysis Bureau Montana Department of Transportation (406) 444-9456