Loading...
10/3/05 Staff Report/CUP (NOT ACTED ON)City of Kalispell Planning Department 17 - 2 d Street East, Suite 21. Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-185 S Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Conditional Use Permit for Autumn Creek Subdivision MEETING DATE: October 3, 2005 BACKGROUND: This is a request for a conditional use permit to allow the creation of two two unit townhouse lots in association with the Autumn Creek Subdivision. The subdivision proposes 21 lots on approximately 8.69 acres. Of the 21 lots, 17 are intended for single family and four are intended for townhouses. The property is also scheduled for annexation and an initial zoning designation of R-2, Suburban Residential. Townhouses are listed as a conditionally permitted use in the R-2 zoning district subject to certain density limitations. The property is located north of Hwy 2 West on the east side of Hathaway Lane. A public hearing on this proposal was held before the planning board for June 14, 2005 where it was continued to allow the developer an opportunity to revise the plan. Previously the property was proposed for an initial zoning designation of R-3 and a total of 27 lots with 15 single family lots and 12 townhouse lots. Because of concerns, the subdivision was continued in order to allow the developer an opportunity to address issues related to density, parkland, access and the safety concerns at the intersection of Hwy 2 West and Hathaway Lane. A revised proposal was brought back before the planning board at their September meeting. The Kalispell Planning Department evaluated the proposal and noted that the revised subdivision plans for the property attempted to address the planning board's and neighborhood's concerns. The number of townhouses was decreased from an initial total of 12 to four and the overall density reduced from 27 to 21. The staff recommended approval of the conditional use permit subject to conditions and felt the developers had done their best to address the issues. At the public hearing on June 14, 2005 and the meeting held on September 13, 2005 there were several neighbors who expressed their opposition to the initial and revised proposal citing concerns with density, neighborhood character and primarily the safety of the access at the intersection of Hwy 2 West and Hathaway Lane. Their primary concern had to do with access and the traffic going eastbound conflicting with other eastbound traffic coming from Hartt Hill. Conditional Use Permit for Autumn Creek Subdivision September 22, 2005 Page 2 The board discussed the proposal and agreed the developers had made a sincere effort to address the issues related to the development. However, they were still concerned about the density and safety of the eastbound traffic along Hwy 2 West. The board generally felt that since density was a primary :issue associated with the project, the elimination of the townhouse lots would reduce the density, albeit in a limited way. A motion was .made with amendments to address specific safety improvements related to the roads, and to recommend approval of the conditional use permit. The motion failed on a vote of one in favor and three opposed with Hull voting in favor and Norton, Taylor and Hinchey voting in opposition. An Exhibit A is attached that outlines the conditions considered by the board. RECOMMENDATION: Consistent with the planning board's recommendation, the conditional use permit allowing the creation of the townhouse lots should be denied by the city council based on the following findings: • The density exceeds that which is appropriate for the neighborhood and subdivision. • Townhouses are inconsistent with the character of the neighborhood. • Elimination of the townhouse lots will reduce the overall density of the subdivision. • The reduction of density in the subdivision will reduce the traffic and associated safety issues. Should the city council determine that the conditional use permit should be approved for the creation of the townhouse lots, the findings outlined in stab report KCU-05-6A should be adopted along with the appropriate conditions. FISCAL EFFECTS: Potential minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, -% Narda A. Wilson, Senior Planner Report compiled: September 22, 2005 James H. Patrick City Manager Attachments: Transmittal letter Exhibit A Staff report #KCU-05-6A and application materials Minutes from the 6/ 14/05 planning board meeting City of Kalispell Planning Department 7 - 2n' Street East, Suite 211. Kalispell, Montana 59901 Telephone: (406) 751-1.850 Fax: (406) 751-1858 Website: kalispellplanning.co September 22, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit for Autumn Creek Subdivision Preliminary Plat Dear Jim: The Kalispell City Planning Board met on September 13, 2005 to reconsider a request for a conditional use permit to allow the creation of two two unit townhouse lots in association with the Autumn Creek Subdivision. The subdivision proposes 21 lots on approximately 8.69 acres. Of the 21 lots, 17 are proposed for single family and four are proposed for townhouses. The property is also proposed for annexation and an initial zoning designation of R-2, Suburban Residential. Townhouses are listed as a conditionally permitted use in the R-2 zoning district subject to certain density limitations. The property is located north of Hwy 2 West on the east side of Hathaway Lane. A public hearing on the Autumn Creek Subdivision was held before the planning board on June 14, 2005 where it was continued to allow the developer an opportunity to address issues that were raised at the meeting. The initial proposal was for an initial zoning designation of R-3 and a total of 27 lots consisting of 15 single family lots and 12 townhouse lots. The issues were related to density, parkland, access and the safety concerns at the intersection of Hwy 2 West and Hathaway Lane. The revised proposal was brought back before the planning board at their September meeting. All of the adjoining property owners notified of the first public hearing were notified of the reconsideration of the revised proposal and of their opportunity to present comments. Narda Wilson of the Kalispell Planning Department, presented staff report #KCU-05- 6A (amended) and evaluated the proposal. She noted the revised subdivision plans for the property attempted to address the planning board's and neighborhood's concerns. The number of townhouses was decreased from an initial total of 12 to four and the overall density reduced from 27 to 21. The staff recommended approval of the conditional use permit subject to same conditions associated with the preliminary Conditional Use Permit - Autumn Creek Preliminary Plat September 22, 2005 Page 2 plat. She felt the developers had done their best to address the issues that were raised. At the public hearing on June 14, 2005 and the meeting held on September 13, 2005 there were several neighbors who expressed their opposition to the both the initial and revised proposal citing concerns with density, neighborhood character and the safety of the access at the intersection of Hwy 2 West and Hathaway Lane. Their primary concern had to do with access and the traffic going eastbound conflicting with other eastbound traffic coming from Hartt Hill. The board discussed the proposal and agreed the developers had made a sincere effort to address the issues related to the development. However, they were still concerned about the density and safety of the eastbound traffic along Hwy 2 West. A motion was made with amendments to address spec safety improvements related to the roads, and to recommend approval of the conditional use permit subject to conditions. The motion failed on a vote of one in favor and three opposed with Hull voting in favor and Norton, Taylor and Hinchey voting in opposition. An Exhibit A is attached that outlines the conditions considered by the board. Please schedule this matter for the October 3, 2005 regular Kalispell City Council meeting. You may contact this board or Narda Wilson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board 471f" �; -*J George Taylor President GT/NW/ma Attachments: Exhibit A - Conditions of Approval Staff report #KCU-05-6(A) and application materials Minutes from the 6/ 14/05 planning board meeting Draft minutes from the 9/ 13/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lee Ss Linda Hershberger, 24212 SE 384th St, Enumclaw, WA 98022 TD 8z; H, 31 Three Mile Drive, Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 LEGAL DESCRIPTION: Assessor's Tracts 6AAK, 6DI and 6AB in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: R-2, Suburban Residential The applicant has applied to the City of Kalispell for a conditional use permit to allow the creation of two two -unit townhouse lots in a 21 unit subdivision known as Autumn Creek in an R-2 zone. Townhouses are allowed in the R-2 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 14, 2005, held a public hearing on the application, took public comment and recommended that the application be denied on September 13, 2005. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-05- 6 (Amended) as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the creation of two two -unit townhouse lots in the R-2, Suburban Residential zoning district subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design. Standards, Section 3.01) 4. That an easement shall be obtained from the adjoining property owner to the northeast granting the right to cross those properties for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.08 (A). The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 7. The area designated on the plat as "park" along with the open area will meet the parkland dedication requirements provided that it be developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development. A letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19). 8. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. The base flood elevation as determined as accepted by FEMA shall be indicated on the final plat. 9. Lots shall not be pre --sold until such time as a floodplain study has been reviewed and approved by FEMA which determines the location of the 100 year floodplain and the base flood elevation. 10. A note shall be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. 11. Townhouse lots within the subdivision shall be identified by a lot number and letter A or B. 12. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right-of-way acquisition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made part of the proposed lots. 13. `t�. be obtained ffem Flathead County Read Department stating that the pfopose . That a letter be obtained from Flathead County Road Department stating that the pLoposed accesses onto Hathaway Lane have been reviewed and approved with the following improvements: The developer is required to widen Hathaway Lane for qMroximately 150 feet from HighwayHigkwgy 2 West to the north to a minimum of 24 feet alon with any a ro riate widening of Hathaway Lane and shoulder work adjacent to the propgML 14. Hathaway Lane appr-eaeh ento Hwy 2 West and the impaets asseeiated with this subdivisiOR. AHY iMPFOV vd by the 1��QT shall be eempleted prior- to final plat submittal and eemple e& That a letter is obtained from the Montana Dg artment of Trans ortation reviewin the Hathaway Lane approach onto Highway 2 West and the im acts associated with this subdivision. With the approval from MDOT the developer is required to install a deceleration lane for westbound traffic on HighwayHighwLay 2 West. The ixn rovements shall be eom leted prior to final tat submittal and a letter from MDOT shall be submitted stating the required improvements have been satisfactorily completed. 15. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 16. All existing and proposed easements 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 ofutilities 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. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 18. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). Dated this 3rd day of October, 2005. STATE OF MONTANA : ss County of Flathead Pamela B. Kennedy Mayor On this day of , 2005 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the sane on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 DENIAL OF CONDITIONAL USE APPLICANT: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 LEGAL DESCRIPTION: Assessor's Tracts 6AAK, 6DI and 6AB in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: R-2, Suburban Residential The applicant has applied to the City of Kalispell for a conditional use permit to allow the creation of two two -unit townhouse lots in a 21 unit subdivision known as Autumn Creek in an R-2 zone. Townhouses are allowed in the R-2 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 14, 2005, held a public hearing on the application, took public comment and recommended that the application be denied on September 13, 2005. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts the following as the CounciI's findings of fact, and denies the above -described real property a conditional use permit to allow the creation of two two -unit townhouse lots in the R-2, Suburban Residential zoning district: 1. The density exceeds that which is appropriate for the neighborhood and subdivision. 2. Townhouses are inconsistent with the character of the neighborhood. 3. Elimination of the townhouse lots will reduce the overall density of the subdivision. 4. The reduction of density in the subdivision will reduce the traffic and associated safety issues. Dated this 3rd day of October, 2005, Pamela B. Kennedy Mayor STATE OF MONTANA . ss County of Flathead On this day of , 2005 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose .name is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires AUTUMN CREEK SUBDIVISION REQUEST FOR CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-05-6A (A,MENDED) SEPTEMBER 7, 2005 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow the creation of two two unit townhouse lots in a 21 lot subdivision proposed for annexation and an initial zoning of an R-2 residential zone. A public hearing was held before the planning board on June 14, 2005, in the Kalispell City Council Chambers and the matter was continued until this date. Revisions have been made the to development proposal intended to address the planning board's concerns The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION: A. Petitioner and Owners: Technical Assistance: Lee & Linda Hershberger 24212 SE 384+h Street Enumclaw, WA 98022 Thomas Dean & Hoskins. 31 Three Mile Drive Kalispell, MT 59901 (406) 751-5246 B. Summary of Request: The applicant is requesting a conditional use permit to allow the creation of two two unit townhouse lots in a 21 lot subdivision known as Autumn Creek. Submitted concurrently with this conditional use permit is a preliminary plat, along with a petition for annexation and an initial zoning designation of R-2, Suburban Residential. Within the subdivision there would be two lots for two unit townhouses for a total of four townhouse sublots and 17 single family lots on approximately 8.69 acres. Townhouses are allowed in the zoning district as a conditionally permitted use. The townhouse provision in the zoning ordinance falls under Section 27.22.130, Sublots, and states the following: "Dwellings may be constructed on sublots within any zoning district which permits multi -family dwellings, cluster housing, or townhouse dwellings. Sublots are subject to subdivision approval and, if required, a conditional use permit. (1) . Site Requirements. (a). Sublots are eligible only within a recorded subdivision lot whose area is at least 6,000 square feet. (b). The allowable number of sublots shall be determined by dividing the gross area of the platted lot by the density limits of the applicable zoning district. In the event that the design utilizes common ownership of common areas, the area of the lot(s) plus the common area shall be divided by the density limits of the applicable zoning district to determine the allowable number of sublots. In no case, however, shall a sublot have an area less than 2,000 square feet nor more than one dwelling unit thereon. (2). Building Limitations. The yard, height, and area requirements of the district shall apply to the entire area of the platted lot. Common ownership of the yards is permitted. Shared interior property boundary(ies) is anticipated to be developed at a zero lot line. Density is determined based on dividing the minimum lot size requirements of the district in the R-2 zone of 9,600 square feet into the net area to be considered. The entire area included within the subdivision is 8.69 acres including approximately 1.85 acres in a wetland area, 1.6 acres in roads and .029 acres in park. The total net area in lots is 4.95 or 215,622 square feet. The maximum allowable density based on 9,600 square feet would be a maximum of 22 lots. The proposed 21 lots is within the total number of lots allowed under this density. C. Size and Location: The property proposed for subdivision and this conditional use permit contains approximately 8.69 acres and lies north of Hwy 2 West, approximately 1,100 feet on the east side of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 6131 and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. D. Existing Land Use and Zoning: The area being considered for this conditional use permit is currently undeveloped with the exception of a pole barn at the south boundary of the property which will be removed. In the past the property was used primarily for grazing or light agriculture. Currently this property is in. the County zoning jurisdiction and is zoned R-1, Suburban. Residential, which has a one acre minimum lot size requirement and is typically in areas not served by public water and / or sewer. The property is proposed for annexation and an initial zoning designation of R-2, Suburban Residential. The preliminary plat for the proposed 21 lot subdivision has also been filed concurrently with the conditional use permit, annexation and zoning. The R-2 zoning designation has a minimum lot size requirement of 9,600 square feet and is generally limited to single family detached houses, except as otherwise provided under the zoning ordinance, i.e. a conditional use permit for townhouses or other non-residential uses listed in the district. E. Surrounding Zoning and Land Uses Zoning: This property is located in an area that could be considered to be on the urban fringes of Kalispell with the city limits within one quarter mile of this area. Development pressures have not been as intense in this area as they are in other fringe areas around the city. All of the zoning surrounding this site is County R-1, Suburban Residential, a, district with a one acre minimum lot size requirement for newly created lots. The property is currently in the West Side Zoning District, but upon annexation would become part of the city of Kalispell with a City zoning assignment. North: Single family residential, County R-1 zoning South: Single family residential, County R-1 zoning East: Undeveloped pasture land, City RA-1 zoning West: Single family residential, County R- l zoning 2 F. Growth Policy Plan Designation: The Kalispell City Growth Policy designates this area as Suburban Residential and anticipates four dwelling units per acre. Autumn Creek has a density of approximately 2.33 dwellings per acre. The proposal is in compliance with the growth policy's anticipated density and also furthers the goals and policies of the growth policy by encouraging a diversity of housing options in the community. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwest Energy Company Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell EVALUATION OF THE REQUEST The application is reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Ade uate Useable Space: The total area of the lots within the subdivision is 4.95 acres or 2215,622 square feet. Based on this area, and the density of one dwelling per 9,600 square feet the density would be 22 dwelling units. The proposed 21 lots within the subdivision is within the total number of lots allowed under this density. Excluded from the net area calculations is a wetland area containing approximately 1.85 acres of unusable space that will be owned in common, 1.60 acres in road and 0.29 of an acre in park. The proposed density complies with the limits of the R- 2, Suburban Residential, zoning district. b. Adequate Access: Access to the lots will be good with access from a new city street that will be constructed to current City standards with curb, gutter, sidewalks, boulevard and a paved 28 foot wide roadway. Traffic projections for this subdivision are estimated to be approximately 170 to 210 additional individual vehicle trips per day based on the estimate of 8 to 10 vehicle trips per residence per day in the area onto Hathaway Lane and US Hwy 2. The internal subdivision roads will be constructed to City standards and would include curb, gutter, sidewalks and landscape boulevards within the subdivision. Hathaway Lane is a rural roadway with a pavement width of between 22 to 24 feet with drainage swales and no pedestrian access. The impacts of this subdivision to Hathaway Lane will generally double its current use. The roadway appears to be in fair condition and may require some improvements based on the requirements of the Flathead County Road Department. A referral was sent to that 3 department for comments but at the writing of this report none have been received. Access onto Hwy 2 West from Hathaway Lane appears to be in marginal condition and will likely require some improvements such as widening and repaving. The access from Hathaway Lane onto Hwy 2 West is at the bottom of "Hart Hill" and there is potential for delays accessing the highway during peak traffic hours such as morning and evening commuter traffic. The developer will need to contact the Montana Department of Transportation and the Flathead County Road Department regarding potential upgrades to the intersection as well as Hathaway Lane. Additionally, a note should be placed on the final plat which waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. Overall there will be some moderate impacts to Hathaway Lane and insignificant impacts to Hwy 2 West as a result of this subdivision which already experiences large traffic volumes. Subsequent to the June 2005 planning board meeting where this project was tabled; the staff, developer and engineer met on site with the County Road Department Superintendent Charlie Johnson to discuss potential improvements to Hathaway Lane and its intersection with Hwy 2 to mitigate potential safety issues. Additionally, the developer has consulted with the Montana Department of Transportation regarding improvements to the intersection of Hathaway Lane and Hwy 2 West. Those would generally include the widening of the shoulder for a right turn lane crest bound and widening of the radius and a portion of Hathaway Lane. Letters from the County and State have been included with the submittal addressing those issues. The Kalispell Bypass corridor crosses the northeast corner of the subdivision and should be indicated on the final plat as being reserved for future acquisition by the State. The preliminary plat has indicated the bypass corridor with shading but it is not labeled as such. This corner of the property that is in the bypass corridor appears to contain approximately one third of an acre and should be platted as a separate parcel for future acquisition, by the state and not made part of the lots. C. Environmental Constraints: According to FIRM Panel 1850 and there is an area of significant floodplain on the site as a result of a tributary to Ashley Creek that runs through the site and also creates a substantial wetland area. This area is in a non -detailed study area and will need to undergo a detailed study that will then be reviewed and accepted by FEMA. At that time a base flood elevation will be established. The property owner has been working on a floodplain study with the local engineering firm Thomas, Dean and Hoskins and an analysis will be submitted to FEMA for review. Prior to the fling of a final plat a detailed study of the area will need to be approved by FEMA in order to establish the base flood elevation. The Kalispell Subdivision Regulations Section 8.05, Floodplain Provisions, prohibit the creation of lots in the 100 year floodplain or the floodway. Should the results of the study reflect what has been, submitted as the assumed floodplain it does not appear that lots or structures are proposed to be located in the floodplain area, but until a detailed study has been accepted by FEMA establishment of the base flood elevation is inconclusive 4 There is currently a culvert that is located under Hathaway Drive that channels the creek and discharges at the northwest corner of this property. Any work within the 100 year f.00dplain that would occur after annexation such as for road building purposes would have to be obtained from the City of Kalispell Floodplain Administrator. 2. Appropriateness of design: a. Parking and site circulation_: All of the roads within the subdivision will be constructed to City standards and will end in two cul-de-sacs. Within the environment this property is located there is no real potential for the creation of a connected road system. Parking will be provided on site at the time the lots are developed. No additional parking beyond the standard two parking spaces per single family dwelling would be required in conjunction with this conditional use permit. b. 0-pen Space: An approximately 1.35 acre open area that lies in the 100 year floodplain and is clearly a wetland area has been designated on the final plat. It will be owned and managed by the homeowners within the subdivision, but does not provide for a recreational amenity per se. An approximately 0.29 acre park has been included in the subdivision with a recreational trail along the wetland area. The park is not large enough for the City to take over, but would encourage its development for the residents within the subdivision. C. Fencing/ Screening Larndsca in : There is no buffer or screening currently existing on the site or proposed other that the wetland area located between Hathaway Larne and the lots within the subdivision nor does any appear warranted. There is some fencing on the site that will be removed with development. d. Signs: No specific dimensions or drawing of a sign was included with the application for a subdivision sign The zoning allows one sign 24 square feet in size, and a height not to exceed six feet. A permit for the sign would be required. 3. Availability of Public Services/Facilities: a. Schools: This site is within School District 05. Limited impact is anticipated from the proposed townhouse units. Approximately 10 to 12 additional school aged children might be generated as a result of the creation of the four additional townhouse lots within the subdivision. b. Parks and Recreation: There is no park that lies within walking distance of this subdivision. Parkland dedication requirements are fully discussed in the preliminary plat staff report and a coordinated plan shall be developed with the developer and the parks and recreation director. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed residential facility. 5 d. Fire Protection. Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed townhouses. Building access as well as the number and placement of fire hydrants will need to meet Uniform Fire Code requirements and be reviewed and approved by the fare marshal. e. Water and sewer: Water and sewer are not currently in place and will need to be extended to the site. There is adequate water supply and sewage treatment capacity within the City of Kalispell's current facilities to serve this development. f Solid Waste. Solid waste pick-up will be provided by a private hauler for five years from the date of annexation.. Solid waste will be taken to the County Landfill where adequate capacity exists. g. Streets: Traffic generation from the development is estimated at 170 to 210 average additional daily trips that might be generated into the area as a result of the creation of these additional lots based on the estimate of 8 to 10 vehicle trips per residence per day in the area onto Hathaway Lane and US Hwy 2. The internal subdivision roads will be constructed to City standards and would include curb, gutter, sidewalks and landscape boulevards within the subdivision. Hathaway Lane is a rural roadway with a pavement width of between 22 to 24 feet with drainage swales and no pedestrian access. The impacts of this subdivision to Hathaway Lane will generally double its current use. The. roadway appears to be in fair condition and may require some improvements based on the requirements of the Flathead County Road Department. The developer has been working with the County Road Department to assess improvements to Hathaway Lane. Access onto Hwy 2 West from Hathaway Lane appears to be in marginal condition and will likely require some improvements such as widening and repaving. The access from Hathaway Lane onto Hwy 2 West is at the bottom of "Hart Hill" and there is potential for delays accessing the highway during peak traffic hours such as morning and evening commuter traffic. The developer will need to contact the Montana Department of Transportation and the Flathead County Road Department regarding potential upgrades to the intersection as well as Hathaway Lane. Additionally, a note should be placed on the final plat which waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. Overall there will be some moderate impacts to Hathaway Lane and insignificant impacts to Hwy 2 West as a result of this subdivision which already experiences large traffic volumes. The Kalispell Bypass corridor crosses the northeast corner of the subdivision and should be indicated on the final plat as being reserved for future acquisition by the State. The preliminary plat has indicated the bypass corridor with shading but it is not labeled as such. This corner of the property that is in the bypass corridor appears to contain approximately one third of an acre, and should be reserved for future 2 acquisition by creating a separate parcel for conveyance. 4. Neighborhood impacts: Development and land use impacts associated with this subdivision and the creation of the two unit townhouses will be typical of any single family development. The properties in this neighborhood are located in the County and are suburban residential in nature. A notice of public hearing was mailed to property owners within 150 feet of the site approximately 15 days prior to the hearing. The staff received a petition from the property owners opposing the subdivision in general but not the townhouses per se. The petition was been included in the preliminary plat staff report from the June 2005 meeting. This project was continued from the June 2005 meeting. Although another public hearing will not be held, the planning office notice the same property owners within 150 feet acid advised them they could comment on the project under "Hear to Public" portion of the planning board meeting. No comments to date have been received by staff. 5. Consideration of historical use patterns and recent changes: The proposal is generally compatible within the subdivision. It can be anticipated with public water and sewer available to the area that increased development similar to the type that is being proposed will continue to occur. Additionally, the two unit townhouse configuration has become a popular housing option in the market as the demographics of the area change. It has become popular for an aging population wanting to downsize, for small families entering the market and "empty nesters" wanting less responsibility in maintenance. 6. Effects on property values: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is compatible with the neighborhood, and the development and land use impacts would be typical of that anticipated for the area. RECOMMENDATION Staff recommends that the planning board adopt the staff report #KCU-OS-bA as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01), 3. A letter shall be submitted with the final plat from a engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the 7 approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision. Regulations, Chapter 3, Design Standards, Section 3.01) 4. That an easement shall be obtained from the adjoining property owner to the northeast granting the right to cross those properties for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.08 (A). 5. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 5.. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 7. The area designated on the plat as "park" along with the open area, will meet the parkland dedication requirements provided that it be developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development. A letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19). 8. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. The base flood elevation as determined as accepted by FEMA shall be indicated on the final plat. 9. Lots shall not be pre -sold until such time as a floodplain study has been reviewed and approved by FEMA which determines the location of the 100 year floodplain and the base flood elevation. 8 10. A note shall be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. 11. Townhouse lots within the subdivision shall be identified by a lot number and letter AorB. 12. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right -of --way acquisition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made part of the proposed lots. 13. That a letter be obtained from Flathead County Road Department stating that the proposed accesses onto Hathaway Lane have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 14. That a letter be obtained from the Montana Department of Transportation reviewing the Hathaway Lane approach onto Hwy 2 West and the impacts associated with this subdivision. Any improvements required by the MDOT shall be completed prior to final plat submittal and a letter from MDOT shall be submitted stating the required improvements have been satisfactorily completed. 15. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the fmal plat have been reviewed and approved (Kalispell Subdivision. Regulations, Section 3.09). 16. All existing and proposed easements 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. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section. 3.22). 18. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shad be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 9 22. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). REPORTS \... KALISPE \ ... \KCL305-6 10 EXHIBIT A CONDITIONAL USE PERMIT FOR AUTUMN CREEK SUBDIVISION PRELIMINARY PLAT KALISPELL CITY PLANNING BOARD SEPTEMBER 13, 2005 The Kalispell City Planning Board held a public hearing was held on this matter at the regular meeting of the planning board of June 14, 2005. The project was continued until September 13, 2005 where the planning board took action. The following conditions were considered. 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. That an easement shall be obtained from the adjoining property owner to the northeast granting the right to cross those properties for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.05 (A). 5. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-5. e. Street naming shall be approved by the fire department. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials Conditional Use Permit - Autumn Creek Preliminary Plat September 22, 2005 Page 2 within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 7. The area designated on the plat as "park" along with the open area will meet the parkland dedication requirements provided that it be developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation. Director so as to provide a recreational component within the development. A letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19). 8. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. The base flood elevation as determined as accepted by FEMA shall be indicated on the final plat. 9. Lots shall not be pre -sold until such time as a floodplain study has been reviewed and approved by FEMA which determines the location of the 100 year floodplain and the base flood elevation. 10. A note shall be placed on the: face of the final plat that waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. 11. Townhouse lots within the subdivision shall be identified by a lot number and letter A or B. 12. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right-of-way acquisition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made part of the proposed lots. 13. That a letter- be obtained -&-a-m 'Flathead Goun*-, Re Department stating that the pEeposed amesses ente Hathaway L—Ane 1have been reviewed and approved a That a letter be obtained from Flathead County Road Department stating that the pro -posed -accesses onto Hathaway Lane have been reviewed and approved with the following improvements: The developer is required to widen Hathaway Lane for ap-prwdmatety 150 feet from Highway 2 West to the north to a minimum of 24 feet, along with any appropriate widening of Hathaway Lane and shoulder work adjacent to the property. 14. T-1hat a letter- be obtained the Me`- Department of asseeiated wit-h dhis subdivirion. Any improvements required by the MDOT shall be eampleted prior- to final plat submittal and a letteF from MDOT shall be That a letter is obtained from the Montana Department of Trans ortation reviewing the Hathaway Lane approach onto Highway 2 West and the impacts associated with this subdivision. With the approval from MDOT the developer is required to install a deceleration lane for westbound traffic on Highway 2 West. The improvements shall be completed prior to final -plat submittal and a letter from MDOT shall be submitted stating the re uired improvements have been satisfactorily completed. 15. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 16. All existing and proposed easements 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. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 18. Street lighting shall be located within the subdivision and shall have a full cutoff' lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22. That preliminary plat approval for the first phase of the planned 'unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). AUTUMN CREEK SUBDIVIISION APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL Introduction Our client, New Nest Properties, L.L.C., is proposing a new subdivision. The proposed Autumn Creek Subdivision is located west of Kalispell on Hathaway Lane 1,500 feet north of Highway 2. The subdivision will include 21 lots, approximately 0.2 acres each. The legal description of the subdivision is Track 6DI, 6AAK and 6AB, Section 12, T28N, R22W. A conditional use permit is requested to allow for 2-unit townhouses on 6 of the 21 lots. 1. Zoning District and Zoning; Classification in which use is proposed: The proposed subdivision is zoned R-3 urban single family residential. Townhouses are permitted in R-3 subdivision with filing of a conditional use permit. 2. Attach a plan of the affected lots containing: a. Surrounding Land Uses Activities and land uses surrounding the proposed subdivision include agriculture, single- family homes, horse owners, and other subdivisions. The northeast corner of the subdivision may be dedicated to the Montana Department of Transportation for highway right of way. b. Dimensions and Shape of Lots See attached site plan for dimensions and shapes of lots. Lots containing townhouses and requiring an additional use permit include lots 6,7,8,9,15 and 21. c. Topographic Features of Lots See attached site plan for topography of proposed subdivision. d. Size and Location of Existing Buildings A pole barn is currently the only building structure onsite. It will be removed prior to construction. e. Size and Location of Proposed Buildings See attached site plan for location of proposed buildings. E Existing Use of Structures and Open Areas Currently the subject property is not being used. Previous uses for the subject property included farmland and grazing pasture. A tributary to Ashley Creek flows on the southwestern portion of the site. This area will be left natural -and an open/conservation area will be formed. g. Proposed Use of Structures and Open. Areas The subject property will primarily be used for roads, homes and yards. The open/conservation area, approximately 2 acres, will be left natural and provide scenic viewing opportunities. Arrangements have been nude to remove the existing pole barn. It. Existing and Proposed Landscaping and Fencing Each lot will be landscaped and seeded with grass. Fencing will be located along the north and south property lines. Existing wire fence on the property will be removed. 3. Discussion of relative topics: a. Traffic Flow and Control The transportation network servicing Autumn Creek Subdivision is shown on the preliminary plat. Access to the property will come from Hathaway Lane, 1,500 feet north of Highway 2. The northwest corner of the property may be dedicated to Montana Department of Transportation for highway right of way. This right of way is in anticipation of a bypass route. There will be no access, to or from the property, through this highway right of way. At full build -out, the subdivision may generate a maximum of 270 vehicle trips per day. Trip direction from the subdivision is most likely going to be a left turn, from the subdivision, onto Hathaway Lane towards Highway 2. Traffic is then expected to turn left on Highway 2, and head east into Kalispell. Traffic due to this subdivision is not expected to impact the existing roadway system. The county, state, and city transportation networks in the. region can adequately accommodate the anticipated vehicle trips from this subdivision, b. Access To and Within the Property All lots will have driveway access from the internal subdivision roads. Internal subdivision road right of way will be 60 feet. Minimum pavement widths of 28 feet will be maintained throughout the subdivision. The roads will be designed to Kalispell City Standards. As stated above, access to the property will come from Hathaway Lane 1,500 feet north of Highway 2. Two internal subdivision roads are proposed, each ending in a cul de sac. Each cul de sac has been designed, according to Kalispell City Standards, with a 66-foot radius to the back of the curb. Circulation and flow is not expected to be a problem. c. Off Street Parking and Loading Individual garage spaces and driveways will accommodate off-street parking. Loading berths are not required for the subdivision and have not been included. d. Refuse and Service Areas The collection of refuse will fall under the City of Kalispell's jurisdiction. Individual garbage units are proposed for each lot in the subdivision. e. Utilities Upon development, utilities will be extended to service the subdivision. Municipal sewer and water will service the subdivision. Currently, gas and electric utilities run along the western boundary of the property. f. Screening and Buffering Autumn Creek Subdivision will be incorporating natural and manmade screening and buffering. The developer has agreed to install screening on the northern property line of the property at the request of a neighboring homeowner. Screening will also be placed on the southern property line along with natural screening and buffering. Trees and natural surface waters create a separation from surrounding properties to the west and south. g. Signs, Yards and other Open Spaces Signing for the subdivision will consist of street signs and will conform to Kalispell City Standards. A ground -mounted sign identifying the subdivisions is proposed near the entrance. Typical grass yards are expected for each lot in the subdivision, including the proposed lots containing townhouses. Minimum yard requirements for R-3 subdivisions will be maintained on each lot, including townhouse lots. An open/conservation area is proposed for the southwest portion of the property. A tributary to Ashley Creek flows through this open area. h. Height, Bulk and Location of Structures Location of structures and layout of the subdivision can be seen on the attach site plan. All lots of the subdivision, including proposed townhouse lots, will conform to R-3 Property Development Zoning Regulations. Height of structures is not expected to exceed 2 stories and will remain under the maximum height of 35 feet. i. Location of Proposed Open Space Uses An approximate 2-acre openJcon.servation area will be located in the southwestern portion of the property. This area will be left natural and allow for scenic viewing and beautification of the property. j. Hours and Manner of Operation The proposed subdivision will be composed of family housing. Hours and manner of operation will be typical of urban single-family residential subdivisions. k. Noise, Light, Dust, Odors, Fumes and Vibration. Noise, light, dust, odors, fumes and vibration will not increase significantly for this site. Dust may increase during construction, but all internal roads and parking will be paved, so dust will be minimal upon completion of the construction. Noise, light, dust, odors, fumes and vibration will be typical of urban single-family residential subdivisions. City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 75 1-1850 Fax: (406) 751-1858 Website: kalispellplanning.eom August 29, 2005 Dear Property Owners. - You are being sent this notice and other information because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. This is not another public hearing. Comments will be accepted at the beginning of the meeting under Hear the Public. You may contact this office for additional information. The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, September 13, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue .Fast, Kalispell. This request was continued by the Kalispell City Planning Board from, their June 14, 2005 meeting. This is an amended proposal for Autumn Creek Subdivision. The property is located north of Hwy 2 West, on the east side of Hathaway Lane: • Annexation with an initial zoning designation of R-2, Suburban Residential, on approximately 8.694 acres. A request for preliminary plat approval and a conditional use permit have been filed concurrently with the annexation request. A request for preliminary plat approval of Autumn Creek Subdivision., a 21 lot residential subdivision on approximately 8.694 acres consisting of 17 single family lots and 4 townhouse lots. • A request for a conditional use permit to allow the creation of 2-two unit townhouse lots for a total of 4 townhouses within the proposed Autumn Creek Subdivision, a preliminary plat for a 21 lot residential subdivision. Documents pertaining to these agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known, to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the meeting, or you may contact me at (406) 751-1850 or e-mail at riwilsonokalispell.com for additional information. Sincerely, 1 Y -- �--_ Narda A. Wilson, A1CP Senior Planner -t% PLAT "IF 6CDBA tu PLAT OF "MON 6ED 6EE Ty P-W G A T rm 9� fu 4Z4 EST A. Q� ou # ;4 Z R-1 cu aj ftl N m 6CA 6CB 6EF RA 2CH� fu 2CE ig JE PARK 2CC 6D 2CCA 6DH .. ......... 6KC u 7AD DJ.... ................................ ............ .... ............... ................ ....... 6AC ......... .... ............................. ".7-7.. ......... ---------- ....... ....... ........ . . . ......... ............ .............. ... ............. . .............................. I ........ ............ ........... ..... I ........... - ... .............. .. . . . ....... ...... 4 6DHA ......... ......... I ...................... ......... ....... T ... ........... 6DHBC ................ V .. ................................ 6KA 2 ................... . ............ 6AAL I 60F — .... ........... .... I ....... ............ ......................... 6DF113B 6AAM T 7— DF3 6DC 6AX 6AA 6L 6DHBA T-2 6DHB A 6DF'D < 6J 6H 0 6AAF 6DIF 6AAH � 6 ly COUN pq R- 1 16D cv) 13DB 13 13C M13D 16B o VICINITY MAP SCAU 1 = 350' LEE & LINDA HERSHBERGER CONDITIONAL USE PERMIT TO ALLOW 6 TOWNHOUSE LOTS 12 UNITS) IN A PROPOSED R-2 (SUBURBAN ESIDENTIAL) DISTRICT - FILED CONCURRENTLY WITH AN ANNEXATION & INITIAL ZONING AND PRELIMINARY PLAT PLOT DATE 5/9/05 FILE# KCU-05-06 H:\gis\zite\kcuO5-8.dwg . . ........................................................ AGENDA KALISPELL CITY PLANNING BOARD AND ZONING CONXISSION September 13, 2005 A regular meeting of the Kalispell scheduled for Tuesday, September City Council Chambers, Kalispell Montana. The Agenda for the meeting will be: A. Call to order and roll call. City Planning Board and Zoning Commission is 13, 2005 beginning at 7:00 PM in the Kalispell City Hall., 312 First Avenue East, Kalispell, B. -Approval of the Minutes -August 9, 2005 C. Hear the Public - The public may comment on any matter on the agenda or not on the agenda, except the public hearing items listed immediately below. D. Public Hearings: The Kalispell City Planning Board and Zoning Commission will hold a public hearing on the following agenda items. Following the hearing and board discussion, the board may make its recommendation to the Kalispell City Council for final. action-. 1. A request by Flathead Health Center, Inc. for a conditional use permit to allow the relocation of a temporary modular office building southwest of the existing Alert Building at 310 Sun,nyview Lane, on the southeast corner of Claremont and Conway Drive. The property is zoned H-1,, Health Care. 2. A request by Big Sky Properties on behalf of American Capitol aka ACG Kalispell Investors, LLC, for an amendment to the Kalispell Zoning Ordinance to allow light assembly in the B-3, Community Business, zoning district. This amendment could potentially affect all properties in the Kalispell zoning jurisdiction, i.e. the Kalispell city limits, that are zoned B-3. E. Old Business 1. Continued from the June 14, 2005 meeting •- Autumn, Creep Subdivision. The property is located north of Hwy 2 West, on the east side of Hathaway Lane: Annexation with an initial zoning designation of R-2, Suburban Residential, on approximately 8.694 acres. A request for preliminary plat approval and a conditional use permit have been filed concurrently with the annexation request. • A request for preliminary plat approval of Autumn Creek Subdivision, a 21 lot residential subdivision on approximately 3.694 acres consisting of 17 single family lots and 4 townhouse lots. Kalispell City Planning Board Agenda Page 2 A request for a conditional use permit to allow the creation of 2-two unit townhouse lots for a total of 4 townhouses within the proposed Autumn Creek Subdivision, a preliminary plat for a 21 lot residential subdivision. F. New Business 1. Creation of the BNSF Tax Increment Finance District generally located on the north and south sides, b-.t not including, the Kalispell Center Mall and west of Main. Street. G. Adjour=exat. Next regular meeting: October 11, 2005 - Tuesday, 7:00 PM Growth Policy Work Session: To Be Arranged CERTIFICATION APPLICANT: Lee & Linda Hershberger TCPO FILE NO: KPP-05-9/KA-05-8/KCU-05-6 I, the undersigned certify that I did this date mail via First Class mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property that is requesting annexation, a preliminary plat and a conditional use permit. Date: ZCL:�E S-T-R: 12-28-22 Lot/Tracts# Tracts 6AB, 6DI, 6AAK, Property Owner/Mail Address: Lee & Linda Hershberger TD&H 31 Three Mile Drive, Ste. 101 Kalispell, MT 59901 AND ATTACHED LIST T D & H '-�L'ZI, EDWIN RALPH & LEE & LINDA HERSHBERGER 31-3 MILE DRIVE STE 101 DEBRA SU"E KALISPELL, MT 59901 321/2 HATHAWAY LANE KALISPELL, MT 59901 TOI-iNSON, LARRY & SUSAN 1471 US HIGHWAY 2 W KALISPELL, MT 59901 33ROSS, STANLEY & DORA 27530 NW TAYLOR AVE ORVALLIS, OR 97330 MARTIN LIVING TRUST, DARREL R 1429 US HIGHWAY 2 W KALISPELL, MT 59901 WILLS, WILLIAM E 1479 US HIGHWAY E W KALISPELL, MT 59901 MC ALLISTER, KATHERINE E STOTTS, MICHAEL A 30 HATHAWAY LN KALISPELL, MT 59901 CITY OF KALISPELL PO BOX 1997 KALISPELL, MT 59903 BARTLETT, LYLE. 3 3 HATHAWAY LANE KALISPELL, MT 59901 PARSONS, LAWRENCE & VALERIE 92 HATHAWAY DR KALISPELL, MT 59901 ROSE, NANCY ALLEN 1483 US HIGHWAY 2 W KALISPELL, MT 59901 CAMPBELL-RIERSON, KMBY RIERSON, RON L 305 N HILL RD KALISPELL, MT 59901 POPE III, DANIEL F POPE, ROCHELLE 130 GREEN BRIAR DR KALISPELL, MT 59901 PROFITT, RON & BRENDA 100 HATHAWAY LN KALISPELL, MT 59901 NOLAN, MARK & KATHERINE 8 HATHAWAY LANE KALISPELL, MT 59901 COLLINS, CAROL A 19 HATHWAY LN KALISPELL, IVIT 59901 TUNGSTEN HOLDINGS INC PO BOX 1213 LIBBY, MT 59923 FEWLASS, STEVEN T 13 HATHAWAY LN KALISPELL, MT 59901 STATE OF MONTANA DOT PO BOX 201001 HELENA, MT 59620 TCPO Major Subdivftioa 2005 CERTIFICATION APPLICANT: NEW WEST PROPERTIES, LLC TCPO FILE NO: KPP-05-9 ��-- I, the undersigned certify t I did this da mail via ceed or registered snail a copy of the attached notice to the following list of landowners adjoining the property lines of the property that is to be subdivided. Date:-' Assessor's # S-T-R Lot/Tract# Property Owner/Mail Address 12-28N-22W NEW WEST PROPERTIES LLC 435 - 4ra AVENUE EAST KALISPELL, MT 59901 THOMAS, DEAN & HOSKINS 31 - 3 MILE DRIVE, STE 101 KALISPELL, MT 59901 AND ATTACHED LIST NEW WEST PROPERTIES LLC 435 - 4TH AVE EAST KALISPELL, MT 59901 JOHNSON, LARRY & SUSAN 1471 US HIGHWAY 2 W KALISPELL, MT 59901 GROSS, STANLEY & DORA 2753 NW TAYLOR AVE CORVALLIS, OR 97330 MARTIN LIVING TRUST, DA.RREL R 1429 US HIGHWAY 2 W KALISPELL, MT 59901 WILLS, .WILLIAM E 1479 US HIGHWAY E W KALISPELL, MT 59901 MC ALLISTER, KATHERINE E STOTTS, MICHAEL A 30 HATHAWAY LN KALISPELL, MT 59901 CITY OF KALISPELL PO BOX 1997 KALISPELL, MT 59903 111i0• 31 -3 X19LE DRIVE STE 101 KALISPELL, MT 59901 BARTLETT,LYLE 33 HATHAWAY LANE KALISPELL, MT 59901 PARSONS, LAWRENCE & VALERIE 92 HATHAWAY DR KALISPELL, MT 59901 ROSE, NANCY ALLEN 1483 US HIGHWAY 2 W KALISPELL, MT 59901 CAN[PBELL-RIB.RSON, KIR.BY RIERSON, RON L 305 N HILL RD KALISPELL, MT 59901 POPE M, DANIEL F POPE, ROCHELLE 130 GREEN BRIAR DR KALISPELL, MT 59901 MEULI, EDWIN RALPH & DEBRA SUE 32 I/z HATHAWAY LANE KALISPELL, MT 59901 NOLAN, MARK & KATHERINE S HATHAWAY LANE KALISPELL, MT 59901 COLLINS, CAROL A 19 HATHWAY LN KALISPELL, MT 59901 TUNGSTEN HOLDINGS INC PO BOX 1213 LIBBY, MT 59923 FEWLASS, STEVEN T 13 HATHAWAY LN KALISPELL, MT 59901 STATE OF MONTANA DOT PO BOX 201001 HELENA, MT 59620 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (4061751-1858 tricit a centunrtel.net www.tricityplannixng-m.t.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION June 14, 2005 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 14, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. A request by Potthoff, Allison and Executive Plaza Partnership for a change in zoning from R-4, Two Family Residential, to RA-3, Residential Apartment / Office, on approximately 0.65 of an acre located on the south side of Fifth Street East between Main Street and Second Avenue East. The property can be described as Lots 1, 16, 17, 18 Block 84 and Lots 1, 2, 3, Bock 85 Kalispell Original Township in Section 18, Township 28, Range 21 West, P.M.M., Flathead County, Montana 2. A request by Hutton Ranch Plaza Associates for an initial zoning designation of 13- 2, General Business, with a Planned Unit Development (PUD) overlay upon annexation to the City of Kalispell on approximately 46.05 acres. The property is located on the east side of US Hwy 93 south of the Mountain View Plaza development and north of the Flathead Valley Community College. In conjunction with the annexation and proposed PUD zoning designation, a subdivision has been filed to be known as Hutton Ranch Plaza. The property can be described as Assessors Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Hutton Ranch Plaza Associates, LLC for preliminary plat approval of Hutton Ranch Plaza, a 26 lot commercial subdivision on approximately 46 acres. As proposed there would be 26 commercial lots that would share common parking and access within a common area. A request for annexation and an initial zoning designation of B-2, / PUD has been filed concurrently with the subdivision request. The property can be described as Assessors Tract Assessors Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North Range 21 West, P.M.M., Flathead County, Montana. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell ■ City of Whitefish • 4. A request by the City of Kalispell for preliminary plat approval of Kalispell Fire Station No. 62, a one lot subdivision containing approximately 2.154 acres. This one lot subdivision is intended for development of the north Kalispell fire station. The property can be described as a portion of Assessor's Tract 5 located in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. 5. A request by New West, LLC for an initial zoning designation of R-3, Urban Single Family Residential, on approximately 8.694 acres. The property is located north of Hwy 2 West, on the east side of Hathaway Lane. A request for preliminary plat approval of Autumn Creek Subdivision, a 27 lot residential subdivision and a conditional use permit to allow 12 townhouses have been filed concurrently with the annexation request. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 6. A request by New West, LLC for preliminary plat approval of Autumn Creek Subdivision, a 27 lot residential subdivision on approximately 8.694 acres. As proposed there would be 15 single family lots and 12 townhouse lots. A request for annexation and initial zoning along with a conditional use permit for the town -houses have been filed concurrently with the preliminary plat application. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 7. A request by New West, LLC for a conditional use permit to allow the creation of six two unit townhouses or 12 townhouse lots within the proposed Autumn Creek Subdivision, a preliminary plat for a 27 lot residential subdivision. A request for annexation and initial zoning along with the preliminary plat for the subdivision have been filed concurrently with the conditional use permit application. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection at the Tad -City Planning Office, 17 Second Street East, Suite 21.1, Kalispell, INIT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail at tricitvnarda(@.centurvtel.net for additional information. Sincerely, Narda A. Wilson Senior Planner No. 9447 NOTICE OF PUBLIC HEARING. KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION ,June 14, 2005 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, .June 14, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue Bast, Ka- lispell. The planning board will 'mold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request by Potth- off, Allison and Execu- tive Plaza Partnership or a change in zoning rom R-4, Two Family 4esidentiat, to RA-3. lesidential Apartment Dffice, on approximately ).65 of an acre located 1n the south side of =ifth Street Last be- :ween Main Street and Second Avenue East. The property can be de- scribed as Lots 1, 16, 17, 18 Block 84 and Lots 1, 2, 3, Bock 85 Kalispell Original Town- ship in Section 18, Township 28, Range 21 West, P.M.M., Flathead County, Montana 2, A request by Hutton Ranch Plaza Associates for an initial zoning des- ignation of B-2, General Business, with a Plan- ned Unit Development (PUD) overlay upon an- nexation to the City of Kalispell on approxi- mately 46.05 acres. The property is located on the east side of US Hwy 93 south of the Moun- tain View Plaza devel- opment and north of the Flathead Valley Com- munity College. In con- iunction with the annex- ation and proposed PUD zoning designa- tion, a subdivision has been filed to be known as Hutton Ranch Plaza. The property can be de- scribed as Assessors Tract 3 and a portion of Assessors Tract 4G Lo- cated in Section 31, Township 29 North Range 21 West, P.M.M., Flathead Coun- ty, Montana. 3. A request by Hutton Ranch Plaza Associ- ates, LLC for pretimina- ry plat approval of Hut- ton Ranch Plaza, a 26 lot commercial subdivi- sion on approximately 46 acres. As proposed there would be 26 com- mercial lots that would share common parking and access within a common area. A re- quest for annexation and an initial zoning designation of B-2,IPUD has been filed concur- rently with the subdivi- sion request. The prop- erty can be described as Assessors Tract As- sessors Tract 3 and a portion of Assessor'&- Tract 4G located in Sec- tion 31, Township 29 North Range 21 West, P.M.M., Flathead Coun- ty, Montana. 4. A request by the City of Kalispell for pre- liminary plat approval of Kalispell Fire Station No. 62,. a one .lotsubdh vision containing: a proximately 2.15� acres. This one lot sub- division is intended for development of the north Kalispell fire sta- tion, The property can be described as a por- tion of Assessor's Tract 5 located in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 5. A request by New. West, LLC for an initial zoning designation of R- 3, Urban Single Family Residential, on approxi- mately 8.694 acres. The property is located north of Hwy 2 West, on the east side of Hathaway Lane. A request for pre- liminary plat approval of Autumn Creek. Subdivi- sion, a 27 lot residential subdivision and a condi- tional use permit to al- low 12 townhouses have been filed concur- rently with the annexa- tion request. The prop- erty can be described: as Assessors Tracts:: 6AAK, 6101 and 6AS lo- cated in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead Coun.., ty, Montana. 6. A request by New West, LLC for prelimina- ry plat approval of Au- tumn Creek Subdivision; a 27 lot residential sub- division on approximate- ly 8,694 acres. As pro; posed there would be 15 single family lots and.: 12 townhouse lots. A re- quest for annexation STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION C1s-"M•_INS s_ '► :_ !� l SWORN. DEPOSES AND SAYS: THAT SHE IS T. LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATIOI PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT N4 9447 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON 'THE DATES OF MAY 29, 2005 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. .� ---------------- t .r Subscribed and sworn to 4` Before me this AD MAY 31, 2005 r� Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/11/05 and initial zoning along with a conditional use permit for the townhous- es have been filed con- currently with the pre- liminary plat application. The property can be de- scribed as Assessors Tracts 6AAK, 6D1 and 6AB located in Section 12, Township 28 North, Flange 22 West, P.M.M., Flathead Coun. ty, Montana. 7. A request by New West, LLC for a condi- tional use permit to al- low the creation of six two unit townhouses or 12 townhouse lots with- in the proposed Autumn Creek Subdivision, a preliminary plat for a 27 lot residential subdivi- sion. A request for an- nexation and initial zon- ing along with the pre- liminary plat for the sub- division have been filed concurrently with the conditional use permit application. The proper- ty can be described as Assessors Tracts 6AAK, 601.and 6AB located in. Section 12, Township. 28 North, Flange 22= West, P.M.M., Flathead. County, Montana. Documents pertaining_;` to this agenda item are.. on file for pubic inspec- tion at the Tri-City Plan- ning Office, 17 Second: Street East, Suite 21 1,. Kalispell, MT 59901, and are available for: public review during,::: regular office hours. Interested persons are . encouraged to attend:;- the hearing and make:: their views and con cerns known to the.. Board. Written com- ments may be submit ted to the Tri-City Plan ning Office at the above,: address, prior to the`. date of the hearing, or:. you may contact Narda: Wilson, Senior Planner: at (406) 751-1850 or e- mail her at. tricitynarda@ centurytel.' net for additional infor- mation. /a/ Thomas R. ,Jentz Thomas R..ientz Planning Director May 29, 2005, Tri-City Planning Office 17 Second St East, Suite 211 Kaffspen, MT 59901 Phone: (406) 751-1850 Fax: - (406) 751-858 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED USE: Townhomes on Lots 6, 7, 8, 9, 15 8,21 OWNER(S) OF RECORD: Narne: New West Properties, L.L.C. Mailing Address: 435 4th Ave. East. City/State/Zip: Kalispell, MT 59901 Phone: 406-261-5685 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Thomas, Dean & Hoskins, Inc. Mailing Address: City/State/Zip: - 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 Phone: 406-751-524! _ LEGAL. DESCRIPTION OF PROPERTY (Refer to Property Records):. . F Street Sec. Town- Range Address: Two Mile, Kalispell No. �^ ship 2— No. 22W Subdivision Tract Lot 6,7 8,91 Block Name: Autumn Creep No(s). No(s).15, 21 No. 1. Zoning District and Zoning Classification in which use is proposed: R-3 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and locations) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 1 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. �ZIA f/'d� e ate