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H1. Colton Lee Communities CUP MaterialsPlanning Department 201 1' Avenue East CITY OF Kalispell, MT 59901 Phone: (406) 758-7940 KALISPELL Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KCU-20-04 — Colton Lee Communities Conditional Use Permit MEETING DATE: August 3, 2020 BACKGROUND: This application is a request from Colton Lee Communities for a conditional use permit to construct a multi -family residential development with four buildings and a total of 96 dwelling units (72 two -bedroom and 24 one -bedroom units), along with an associated parking lot, storm facilities and recreational amenities, which may include items such as a basketball court, a barbeque area, gazebos and playground equipment. Annexation, initial zoning, and a growth policy amendment related to the proposal were recently considered and approved by the City Council. The property is located at 216 Hutton Ranch Road to the east of Hilton Homewood Suites. It can be described as Tract 1 of COS 21115 in the North 1/2 of Sec 31, T29N, R21 W, P.M., M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on July 14, 2020, to consider the CUP request. Staff presented staff report KCU-20-04 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Council that the request be granted subject to 14 listed conditions. No public comments were received other than comments provided by the applicant at the hearing. The public hearing was closed, and a motion was presented to adopt staff report KCU-20-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the 14 conditions. A motion was offered to amend condition 9 as follows: " 12 ifl} water and mil} sewer mains shall be extended to the north property line as agreed by public works...." The motion to amend was approved unanimously. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Colton Lee Communities for Conditional Use Permit KCU-20-04, a conditional use permit for a 96- unit multi -family residential development with 14 conditions of approval within the B-2 Zoning District, located at 216 Hutton Ranch Road and more particularly described as Tract 1 of Certificate of Survey 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M., M., Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: CUP letter July 14, 2020, Kalispell Planning Board Minutes Staff Report Amended Conditions Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Colton Lee Communities, LLC 1014 South Westlake Blvd, Ste 14 Westlake Village, CA 91361 LEGAL DESCRIPTION: Tract 1 of Certificate of Survey 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to construct a multi -family residential development with four buildings and a total of 96 dwelling units (72 two - bedroom and 24 one -bedroom units), along with an associated parking lot, storm facilities and recreational amenities, located at 216 Hutton Ranch Road. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 14, 2020, held a public hearing on the application, took public comment and recommended that the application be approved subject to 14 conditions. 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-20- 04 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct a multi -family residential development with four buildings and a total of 96 dwelling units (72 two -bedroom and 24 one -bedroom units), along with an associated parking lot, storm facilities and recreational amenities located at 216 Hutton Ranch Road in the B-2 zoning district, subject to the following conditions: That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. The conditional use permit is not valid until the B-2 zoning for the property becomes effective under statutory timelines 30 days from approval of the zoning on second reading. 3. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 4. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 5. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, as well as compliance with other site development standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 6. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit and shall include provision of boulevard trees and landscaping along Hutton Ranch Road. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director prior to issuance of the building permit. 7. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on -site. 8. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the City of Kalispell Construction and Design Standards. 9. Water and sewer mains shall be extended to the north property line as agreed by public works. (Design and Construction Standards 4.1.1). The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department for approval prior to construction as well as coordinate with MDOT for any requirements under MDOT regulations. 10. The six-inch fire service/fire hydrant water line on the southern part of the property does not meet city standards. A fire hydrant cannot be placed off of a fire service lateral. The six-inch lateral to the north of the hydrant shall be abandoned. 11. Prior to construction, the developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval, as well as a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 12. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The terms and conditions of a Traffic Impact Study (TIS) shall be complied with prior to the issuance of any building permits. 13. Access to Hutton Ranch Road, including both the access to the roundabout and the existing access stubbed in near the north property line, is subject to review and approval by Montana Department of Transportation. A letter of approval from MDOT shall be provided prior to issuance of a building permit. 14. The existing sidewalk along Hutton Ranch Road shall be extended to the north property line. The sidewalk should be continued through both access approaches in a manner designed to meet City of Kalispell Standards for Design and Construction. Dated this 3rd day of Au ust, 2020. Mark Johnson Mayor STATE OF MONTANA ss County of Flathead On this day of , 2020 before me, a Notary Public, personally appeared Mark Johnson, 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 he 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 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING July 14, 2020 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Kurt Vomfell, Rory Young, George Giavasis and Joshua Borgardt. Doug Kauffman and Ronalee Skees were absent. PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Giavasis seconded a motion to approve the minutes of the June 9, 2020 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. HOUSING SOLUTIONS LLC A request by Housing Solutions LLC to hold a public meeting and seek input on a competitive application to be submitted to the Montana Board of Housing for a new affordable senior development called Creekside Commons. The project consists of 24 one -bedroom and 12 two -bedroom units specifically designed for seniors, located at 120 Financial Drive. Alex Burkhalter with Housing Solutions LLC presented information on the proposed housing project. Offered to answer any questions that the board or the public may have. PUBLIC HEARING Lisa Sheppard with the Flathead County Agency on Aging spoke in support of this project and provided planning staff with a letter of support (see attached). BOARD DISCUSSION Vomfell and Giavasis both said they are happy to see a project like this and feel it is much needed and in a great location. BOARD MEMBER SEATED Young recused himself from the next agenda item, as he is a representative for Colton Lee Communities. KCU-20-04 — COLTON LEE PJ Sorensen representing the Kalispell Planning Department COMMUNITIES reviewed Staff Report #KCU-20-04. Sorensen presented the project location, surrounding land uses, existing zoning, City services and Growth Policy. Staff informed the board that no written public comments have been received. Staff further recommended that the Kalispell Planning Board adopt staff report #KCU-20-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. Kalispell City Planning Board Minutes of the meeting of July 14, 2020 Pagel BOARD DISCUSSION Giavasis asked about pedestrian access and crossing at the roundabout. Sorensen discussed pedestrian access along Hutton Ranch Road and potential access to the property to the west. Graham asked about Hutton Ranch design standards. Sorensen explained that this project is separate from that PUD. Vomfell noted his support for the project. PUBLIC HEARING Rory Young (Jackola Engineering) represented the applicant. They are happy with the conditions, but would suggest a change in condition 9 related to size of the sewer main. MOTION (ORIGINAL) Giavasis moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-20-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Giavasis and Vomfell both noted that the project provides a good mixed use. Graham asked about the pipe size. Nygren noted that the existing main is 12 inches, but that the language in the condition could be modified to allow flexibility if Public Works agrees to a smaller size. MOTION (AMEND COND. #9) Vomfell moved to amend condition 9 in relevant part to read "4-2- in-eh water and 12 ineh sewer mains shall be extended to the north property line as agreed by public works...." Graham seconded. BOARD DISCUSSION None. ROLL CALL (AMEND COND. Motion passed unanimously on a roll call vote. #9) ROLL CALL (ORIGINAL) Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Young re -seated after the vote. KPUD-20-01 & KPP-20-01 PJ Sorensen representing the Kalispell Planning Department STILLWATER CROSSING reviewed Staff Report #KPUD-20-01 and KPP-20-01. Sorensen presented the project location, surrounding land uses, existing zoning, proposed zoning, City services and Growth Policy. Staff informed the board that no written public comments have been received. Staff further recommended that the Kalispell Planning Board adopt staff report #KPUD-20-01 and KPP-20-01 as findings of fact and recommend to the Kalispell City Council that the Planned Unit Development, rezoning and preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Young asked about the road names and ADA ramps, and whether a CUP was needed for multifamily. Sorensen discussed the Kalispell City Planning Board Minutes of the meeting of July 14, 2020 Page 12 problem with the road name changing mid block, and that a CUP would not be necessary in a PUD. Graham asked about condition 11 relating to the home designs and layouts, snow storage, parking and curb length. Sorensen noted the layout plan which was recently added, and the exhibit showing a typical street frontage. Borgardt asked about the tight driveways, and further discussion regarded the function of the streets given the size of the lots without alleys. PUBLIC HEARING Mike Brodie (WGM) represented the applicant. He commented regarding the separate PUD submittal for the B-1 area, the driveway width, the sewer extension up Stillwater, and the clubhouse spaces backing into the street. Sorensen responded to each comment. MOTION (PUD) Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPUD-20-01 as findings of fact and recommend to the Kalispell City Council that the planned unit development be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Giavasis stated that he likes the mixed use, but doesn't want to compromise on the alley requirement. He also thinks the driveway flares could be reduced. Graham agrees on the flares and would prefer alleys, although he understands why they are proposing none. Vomfell feels the same about alleys, but is generally supportive. Borgardt is concerned about the impact of the lot width and lack of alleys. ROLL CALL Motion passed 4-1 on a roll call vote (Giavasis voted no). MOTION (REZONING) Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPUD-20-01 as findings of fact and recommend to the Kalispell City Council that the rezoning from R-3/PUD to RA-1/PUD and B- 1/PUD be approved. BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. MOTION (PRELIMINARY Vomfell moved and Young seconded a motion that the Kalispell PLAT) City Planning Board and Zoning Commission adopt staff report #KPP-20-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None ROLL CALL Motion passed 4-1 on a roll call vote Giavasis voted no). Kalispell City Planning Board Minutes of the meeting of July 14, 2020 Page13 OLD BUSINESS Nygren gave updates on the trail. NEW BUSINESS Nygren advised the board of August agenda items. Looking at work session on B-2 setbacks and alleys. ADJOURNMENT The meeting adjourned at approximately 7:35pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of July 14, 2020 Page 14 COLTON LEE COMMUNITIES REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-20-04 JULY 8, 2020 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit for a 96-unit multi -family residential project within a proposed B-2 Zoning District. A public hearing on this matter has been scheduled before the Planning Board for July 14, 2020, beginning at 6:00 PM, in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION This application is a request from Colton Lee Communities for a conditional use permit to construct a multi -family residential development with four buildings and a total of 96 dwelling units (72 two -bedroom and 24 one -bedroom units), along with an associated parking lot, storm facilities and recreational amenities, which may include items such as a basketball court, a barbeque area, gazebos and playground equipment. Annexation, initial zoning, and a growth policy amendment related to the proposal were recently considered by City Council at its meeting on July 6 and were approved with the second reading on the initial zoning scheduled for July 20. A: Applicant: Colton Lee Communities, LLC 1014 South Westlake Blvd, Ste 14 Westlake Village, CA 91361 B: Location: The property is located at 216 Hutton Ranch Road to the east of Hilton Homewood Suites. It can be described as Tract 1 of COS 21115 in the North'/2 of Sec 31, T29N, R21 W, P.M., M., Flathead County, Montana. C: Existing Land Use and Zoning: The subject property is currently undeveloped on generally flat land adjacent to a major retail development. The B-2 (General Business) zoning for the property that was recently approved on first reading is a "district which provides for a variety of sales and service establishments to serve both the residents of the area and the travelling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would typically be found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use map." KaIiIp0l ZaniR�] Cxhibi# -Apr[I 16th, 2020 I 216 Hutton Ranch Rd PQM � waF{an f • f� � B-21 PUD ` Subject Property P-1 R-9 P-1 k ' FrFih -_-ftmwd M. D. Size: The subject property is approximately 3.27 acres. E: Adjacent Zoning: North: City B-2/PUD & County SAG-10 East: County SAG-10 South: City B-2/PUD & County SAG-10 West: City B-2/PUD F: Adjacent Land Uses: North: Retail center & undeveloped East: FVCC accessory facilities South: Retail center, FVCC & undeveloped West: Retail center G: General Land Use Character: The subject property sits at the edge of Hutton Ranch Plaza, one of the larger retail centers in the valley. It is next to Hilton Homewood Suites and the movie theatres as well as being across the street from Wal-Mart. At the same time, this property is part of an extensive amount of undeveloped land owned by Flathead Valley Community College on the other side of Hutton Ranch Road. The undeveloped property runs to the Stillwater River with a mix of primarily single-family residential uses and some offices on the east side of the river. The college is selling this portion of the property to the applicant. r H: Relation to the Growth Policy: A recently approved amendment to the Kalispell Growth Policy Future Land Use Map designates the subject property as Commercial. The Commercial land use category provides areas for commercial uses such as general retail, offices, restaurants, and other uses consistent with general business zoning districts, including multi -family. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. L• Utilities/Services: Sewer: City of Kalispell upon annexation Water: City of Kalispell upon annexation Refuse: Private contractor Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95, Edgerton Elementary/Glacier High School Fire: City of Kalispell upon annexation Police: City of Kalispell upon annexation City Water and Sewer Mains 3 EVALUATION OF THE REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested. 1. Site Suitability: a. Adequate Useable Space: The subject property is approximately 3.27 acres. The entire project site is flat with no significant impediments, thus leaving the entire site developable. When the project is submitted for building permit review, the total number of units on the property may need to be reduced in order to meet city development requirements for items such as parking, storm drainage, and recreational amenities. b. Height, bulk and location of the building: The proposed multi -family project appears to meet the required setbacks of 15 feet in the front, 5 feet on the sides and 10 feet in the rear. The B-2 zone also limits the maximum height to 60 feet. There is no maximum lot coverage in the B-2 zone. Verification of all these standards would occur during building permit review and site review. 4 Adequate Access: The primary access will be Hutton Ranch Road along the south/east boundary of the property. It is anticipated that there will be two accesses: one near the north property line that is stubbed in and a second off of the roundabout near the southern end of the property. Both accesses to Hutton Ranch Road are subject to review and approval by the Montana Department of Transportation ("MDOT"). At this time, it is unclear what would be allowed for movements at the northern access, as currently the center of Hutton Ranch Road at this location is marked with a cross- hatched median which would not permit for left turns either in or out of the access. It may be right-in/right-out only. While not required, it is possible that the applicant and the adjacent property owner may agree to a connection from this property to the existing parking lot to the west to allow for both connectivity and overflow parking. It is recommended that the applicant include provisions for pedestrian access with or without the driveway connection. The access points sufficiently serve the property. d. Environmental Constraints: There are no known environmental constraints, such as steep slopes, streams, floodplains, or wetlands on the property, which could affect the proposed use. 2. Appropriate Design: Parking Scheme/Loading Areas: The off-street parking requirement for multi -family dwellings is 1.5 spaces per dwelling unit with one or more bedrooms. There are a total of 96 units proposed, which would equate to 144 required parking spaces. The development plan provides 161 parking spaces, exceeding the minimum parking requirements. b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Exterior lighting installed in conjunction with the development will be reviewed for compliance with the zoning ordinance during site development review. C. Traffic Circulation: As noted above, the primary access will be Hutton Ranch Road. It is anticipated that there will be two accesses including one off of the roundabout. While not required, it is possible that the applicant and the adjacent property owner may agree to a connection from this property to the existing parking lot to the west to allow for both connectivity and overflow parking. On -site traffic circulates through parking designed to meet city standards. d. Open Space: The development is proposing pockets of open space around the project. It also includes the possibility of amenities such as a basketball court, a barbeque area, gazebos and playground equipment in order to meet the recreational amenity requirements under the zoning ordinance for multi -family developments. Under the zoning ordinance, 500 square feet of land with recreational value or the equivalent value in amenities shall be provided. The specific plans for the recreational component will be reviewed during the building permit and site review processes. e. Fencin Screenin andscaping: The application provides for landscaping in regards to parking, buffering, and open space. In order to ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall include provision for boulevard trees and landscaping along Hutton Ranch Road. The landscape plan shall be approved by the Parks and Recreation Department prior to issuance of a building permit. f. Signage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. At this point, no specific signs are being proposed. 3. Availability of Public Services/Facilities: a. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the project. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. Fire hydrants will be located as required by the Fire Chief. There is generally adequate access to the property from the public road system. The buildings will be constructed to meet current building and fire and safety code standards. Station 62 is approximately 2500 feet from the subject property giving good response time. C. Water: City water is available and would serve the property. The developer will be required to pay the cost for the utility extensions. A 12-inch water main will need to be extended to the north property line. (Design and Construction Standards 4.1.1) Developer should coordinate with the City and MDT for the utility extensions. There is currently a six-inch fire service/ fire hydrant on the southern part of the property. The line does not meet city standards, which do not allow a fire hydrant off of a fire service lateral. The six-inch lateral to the north of the hydrant needs to be abandoned with the 12-inch main to be extended to the north. n d. Sewer: Sewer service will be provided by the City. The developer will be required to pay the cost for all of the utility extensions. A 12-inch sewer main needs to be extended to the north property line. (Design and Construction Standards 4.1.1) The developer should coordinate with the City and MDT for the utility extensions. e. Storm Water Drainage: Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. Prior to receiving a building permit the developer will also need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. f. Solid Waste: Solid waste pick-up will be provided by the City. The application indicates screened trash enclosures will be installed. Prior to building permit issuance, the location of these trash enclosures will need to be approved by Public Works. g. Streets: The primary street frontage is Hutton Ranch Road, an existing road which provides access to the greater City of Kalispell circulation system. h. Sidewalks: A sidewalk has been installed along the southern half of the property frontage. The sidewalk needs to be extended to the north property line. The sidewalk should be continued through both access approaches in a manner designed to meet City of Kalispell Standards for Design and Construction. i. Schools: This site is within the boundaries of School District 95. An impact to the district may be anticipated from the proposed development depending on the demographics of the residents. On average, 48 students (K-12) would be anticipated from 96 dwelling units. j. Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires 48,000 square feet of land or the equivalent value of improvements as recreational amenities for the 96 unit development based on a ratio of 500 square feet of usable land per dwelling. The development plan includes the potential for a basketball court, barbeque area, gazebos and playground equipment. Prior to issuing a building permit, the Parks and Recreation Department will need to approve the recreational amenities to be provided. 4. Neighborhood impacts: a. Traffic: The multi -family project gains its primary ingress and egress from Hutton Ranch Road, which is an improved public street that was constructed to urban standards. Any development of the property that creates 300 or more vehicle trip per day would require a traffic impact study. At full build -out, the project would likely generate 643 vehicle trips per day according to standard traffic models for multi- 7 family. The traffic study evaluates the impacts the development has on the traffic system and indicates mitigation necessary to maintain acceptable levels of service. b. Noise and Vibration: The development of the property as multi -family residential will create minimal additional noise and vibration. While any development of the property from vacant land will increase the amount of noise, the expected level would be consistent with the surrounding neighborhood. Dust, Glare, and Heat: The use of the property as a multi -family residential would not generate any unreasonable dust, glare, and heat other than during construction. d. Smoke, Fumes, Gas, or Odors: The development of the property as multi -family residential will create minimal additional smoke, fumes, gas and odors. Hours of Operation: As the property is proposed for residential use, there will be no hours of operation, although there will be people residing on the premises 24-hours a day. 5. Consideration of historical use patterns and recent changes: Until approximately 15 years ago, the general area near this property was undeveloped with a large gravel pit to the north. Since that time, the area has developed as primarily a commercial retail center (Hutton Ranch Plaza is immediately adjacent to the property) and Flathead Valley Community College ("FVCC") has expanded to the south. The property transitions into an extensive amount of undeveloped land owned by FVCC on the other side of Hutton Ranch Road. The college is selling this portion of the property to the applicant. 6. Effects on property values: No significant negative impacts on property values are anticipated as a result of the requested conditional use of the property. It can be assumed that property values will increase since city services to the property are being added and the property is currently undeveloped. 7. Public comment: The Planning Office has not received any comments. RECOMMENDATION The staff recommends that the Kalispell Planning Board adopt staff report #KCU-20-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: CONDITIONS OF APPROVAL That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. The conditional use permit is not valid until the B-2 zoning for the property becomes effective under statutory timelines 30 days from approval of the zoning on second reading. 3. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 4. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 5. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, as well as compliance with other site development standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 6. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit and shall include provision of boulevard trees and landscaping along Hutton Ranch Road. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director prior to issuance of the building permit. 7. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on -site. 8. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the City of Kalispell Construction and Design Standards. 9. 12-inch water and 12-inch sewer mains shall be extended to the north property line. (Design and Construction Standards 4.1.1). The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department for approval prior to construction as well as coordinate with MDOT for any requirements under MDOT regulations. 10. The six-inch fire service/fire hydrant water line on the southern part of the property does not meet city standards. A fire hydrant cannot be placed off of a fire service lateral. The six-inch lateral to the north of the hydrant shall be abandoned. 11. Prior to construction, the developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval, as well as a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 12. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The terms and conditions of a Traffic Impact Study (TIS) shall be complied with prior to the issuance of any building permits. 13. Access to Hutton Ranch Road, including both the access to the roundabout and the existing access stubbed in near the north property line, is subject to review and approval by Montana 0 Department of Transportation. A letter of approval from MDOT shall be provided prior to issuance of a building permit. 14. The existing sidewalk along Hutton Ranch Road shall be extended to the north property line. The sidewalk should be continued through both access approaches in a manner designed to meet City of Kalispell Standards for Design and Construction. 10 COLTON LEE COMMUNITIES REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-20-04 JULY 8, 2020 AMENDED CONDITIONS OF APPROVAL That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. The conditional use permit is not valid until the B-2 zoning for the property becomes effective under statutory timelines 30 days from approval of the zoning on second reading. 3. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 4. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 5. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, as well as compliance with other site development standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 6. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit and shall include provision of boulevard trees and landscaping along Hutton Ranch Road. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director prior to issuance of the building permit. 7. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on -site. 8. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the City of Kalispell Construction and Design Standards. 9. 12 inch water and mil} sewer mains shall be extended to the north property line as agreed by public works. (Design and Construction Standards 4.1.1). The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department for approval prior to construction as well as coordinate with MDOT for any requirements under MDOT regulations. 10. The six-inch fire service/fire hydrant water line on the southern part of the property does not meet city standards. A fire hydrant cannot be placed off of a fire service lateral. The six-inch lateral to the north of the hydrant shall be abandoned. 11. Prior to construction, the developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval, as well as a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 12. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The terms and conditions of a Traffic Impact Study (TIS) shall be complied with prior to the issuance of any building permits. 13. Access to Hutton Ranch Road, including both the access to the roundabout and the existing access stubbed in near the north property line, is subj ect to review and approval by Montana Department of Transportation. A letter of approval from MDOT shall be provided prior to issuance of a building permit. 14. The existing sidewalk along Hutton Ranch Road shall be extended to the north property line. The sidewalk should be continued through both access approaches in a manner designed to meet City of Kalispell Standards for Design and Construction. C F Y Y 7-0� F KALISPELL Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: MULTI FAMILY RESIDENTIAL OWNER(S) OF RECORD: Name: COLTON LEE COMMUNITIES LLC Mailing Address: 1014 SOUTH WESTLAKE BLVD, SUITE 14 City/State/Zip: WESTLAKE VILLAGE, CA, 91361 Phone: (805) 496 4112 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: JACKOLA ENGINEERING & ARCHITECTURE Mailing Address: 2250 HWY 93 S City/State/Zip: KALISPELL, MT, 59901 Phone: (406) 755 3208 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street 216 HUTTON RANCH RD, KALISPELL, MT, Sec. N 1/2 Town- RangeR.21W., Address: 59901 No. SEC.31 ship T'29N No. P.M., M. Subdivision Name: TRACT 1 ON COS 21115 Tract Lot No(s). No(s). 1. Zoning District and Zoning Classification in which use is proposed: B-2 ZONING PENDING CITY COUNCIL APPROVAL Block No. 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings SEE e. Size(s) and location(s) of proposed buildings. ATTACHED 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 M 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. Attach supplemental information for proposed uses that have additional requirements (consult Planner). SEE ATTACHED 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 Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. Ap, 2�'� Applicant Signature: Date 06/01 /20 PA INSTRUCTIONS FOR CONDITIONAL USE PERMIT APPLICATION A pre -application meeting with the planning director or member of the planning staff is required. Application Contents: 1. Completed application form. 2. Appropriate attachments listed under items 2, 3, and 4 on the application. 3. Application fee based on the schedule below, made payable to the City of Kalispell: Conditional Use Permit: Single-family (10 or fewer trips/day) Minor Residential (2-4 units or 11-49 trips/day) Major Residential (5 or more units or 50+ trips/day) Churches, schools, public / quasi -public uses Commercial, industrial, medical, golf courses, etc $250 $300 + $25/unit or 10 trips $350 + $50/unit or every 10 trips $350 $400 + $50/acre or unit or $.05/sf of leased space over 5,000 sq. ft. whichever is greater 4. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planningLkalispell.com (Please note the maximum file size to email is 20mg) 5. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. * Note verify with the Flathead County Clerk and Recorder that the legal description submitted is accurate and recordable. The Flathead County Clerk and Recorder can be reached at (406) 758- 5526. Application must be completed and submitted a minimum of thirty five (351 days prior to the planning board meeting at which this application will be heard. The regularly scheduled meeting of the planning board is the second Tuesday of each month. After the planning board hearing, the application is forwarded with the board's recommendation to the city council for hearing and final action. Once the application is complete and accepted by Kalispell planning staff, final approval usually takes 60 days, but never more than 90 days. N 1W 'llidsllV) o ' S-LN3N-LdVdV HDNVU No-LLnH - 11 �an1� J _i z w 30 w :Eo a V) Q o o soo��E ( as —was Z ero'�F �e \ stow: a z Y w tiZ > �� o� � o � z " / � � III � u a o u c= cax> d �0 a�ol z N N a w Z ZOC1�0 Y ��Y a D o~ 2 m LL a a Q a m a I / f o 1. � O � I 1 I f I ® / 7 1 �� L-J / I 0 SON /� �_ VNVINOW '11]dSllV)l S1N3NidVdV HDNVU Noi-LnH O 0 00 EXHIBIT 3 3. Addendum to Hutton Ranch Apartments CUP Application a. Traffic flow and control The subject property is located on Hutton Ranch Road, just behind Homewood Suites. Hutton Ranch Road provides connectivity to US HWY 93 and West Reserve Drive. Based on the ITE Trip Generation Manual, a traffic study is will be required and traffic mitigation will be provided per the report recommendation. b. Access to and circulation within the property The subject property is accessed from Hutton Ranch Road with one permitted entrance point to parking lots lining the access running through the site. Preliminary discussion with MDT have indicated that an additional approach will be allowed at the traffic circle. c. Off-street parking and loading Off-street parking will be provided in close proximity to the building. The number of parking spaces provided exceeds the requirements of the zoning ordinance. d. Refuse and service areas Trash enclosures will be provided and adequate access will be provided for loading and removal of trash. Service areas for utilities will be supplied as required. e. Utilities It is anticipated that City of Kalispell water and sewer lines, located along the south of the property, will be run through the site to ensure connections to all buildings. A fire service line will be run in parallel to the domestic water service. Stormwater will be drained to new manholes and connected to the existing curb inlets located in Hutton Ranch Road or infiltrated into the abundant locally present gravels. An existing hydrant is located in the SE corner of the lot and there are two hydrants along the property line on the west. f. Screening and buffering Landscaping and fencing will be used to screen the development from adjacent properties and the relevant yard setbacks will be met or exceeded. g. Signs, yards and other open spaces Internal way finding signs will be used as appropriate. The open area will be shared between open space and storm water. Amenities such as gazebos and playground equipment may be added in order to meet the Multi Family CUP regulations. h. Height, bulk and location of structures The Building A design will have a footprint of approximately 9,600 SF and Building B is anticipated to have a footprint of 9,000 SF and both will have protrusions and architectural elements to provide a pleasing fagade. All buildings are anticipated to be within the relevant yard setbacks. i. Location of proposed open space uses The open area will be shared between recreational space and storm water. Amenities such as gazebos and playground equipment maybe added in order to meet the Multi Family CUP regulations. Walking paths will connect to City sidewalks which provide access to multiple nearby amenities, including the KidsSport complex just across Hwy 93. j. Hours and manner of operation The development will operate as a typical multifamily residential property. k. Noise, light, dust, odors, fumes and vibration No adverse impacts are expected to these items. During construction the contractor will be required to mitigate the impacts. 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Cadastral Database: 4-16-20200 500 1,000 MONTANA Feet - Kalispell Zoning Exhibit -April 16th, 2020 NORTH 216 Hutton Ranch Rd_ Subject Property ^ Zoning Commerciale Neighborhood Business Light or Heavy industrial Health Care Residential/Professional Office ,;` ► � �g Residential } # + M Two Family Residential • Multi -family Residential r - Residential Apartment/Office • �i : it Public a + 4 .a B-2/PUD. 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IIIIIIIIIIIIIIIIIIIIIIIIIIIql,I,ggql,I,ggqql,I,I,qqql,I,qqql,I,I,ql hhhhh441lhhh441Ihh4441Ihh4441IhI !!bill 111,11,111 11111111111111111111111 - Kalispell Mailing List NORTH 216 Hutton Ranch Rd ® Subject Property E�_ Mailing List Parcels 11-11MIJI� 0 Flathead Valley Community College Sourc s: Esri, HEREI)armin, FAO, NOV\A`, SGS, OpenStreetMap contribu rand the GIS User �bm \ nity E06,- ),Kalispell Planning Dept. Date: 4-16-2020Mt. Cadastral Database: 4-16-20200 500 1,000 MONTANA Feet