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H5. Edge LLC CUPCITY OF KALISPELL Development Services Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KCU-21-04 — Edge, LLC (Third Avenue East Apartments) Conditional Use Permit MEETING DATE: June 21, 2021 BACKGROUND: This matter is a request from Layne Massie (Edge, LLC) for a conditional use permit to allow a multi -family residential development for property located at 2015/2105 Third Avenue East, containing approximately 2.04 acres within a B-2 (General Business) district. The development (Third Avenue East Apartments) would include 48 residential units, parking, and recreational amenities. The property can be described as Assessors Tracts 8CA, 80AA and 80BA in the NE1/4 of the NW1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on June 8, 2021, to consider the CUP request. Staff presented staff report KCU-21-04, 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 16 listed conditions. One public comment was received at the meeting. Her comment was based on a concern about the proximity of her dog day care business and impacts on the apartment tenants. The public hearing was closed, and a motion was presented to adopt staff report KCU-21-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the 16 conditions. 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 Edge, LLC for Conditional Use Permit KCU-21-04, a conditional use permit for a multi -family residential development, subject to 16 conditions of approval within the B-2 Zoning District, located at 2015/2105 Third Avenue East, and more particularly described as Assessors Tracts 8CA, 80AA and 80BA in the northeast quarter of the northwest quarter of Section 20, Township 28 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: Grant of Conditional Use Letter June 8, 2021, Kalispell Planning Board Minutes Staff Report Application Materials and Maps Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Layne Massie Edge LLC 55 Hunter Circle Kalispell, MT 59901 LEGAL DESCRIPTION: Assessors Tracts 8CA, 80AA and 80BA in the NE1/4 of the NW 1/4 of Section 20, Township 28 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 two buildings for a total of 48 residential units, along with a parking lot and recreational amenities, located at 2015 and 2105 Third Avenue East. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 8, 2021, held a public hearing on the application, took public comment and recommended that the application be approved subject to 16 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-21- 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 two buildings for a total of 48 residential units, along with a parking lot and recreational amenities located at 2015 and 2105 Third Avenue East 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. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 4. 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. 5. 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 Third Avenue East. The landscape plan shall be in substantial compliance with the submitted application, subjectto modifications noted herein, and approved by the Parks and Recreation Director prior to issuance of the building permit. 6. 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. Alternatively, a cash -in -lieu payment for improvements at Lions Park may be provided to the City with the Director's approval. 7. 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. 8. 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. 9. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The terms, conditions, and recommendations of the Traffic Impact Study (TIS) shall be complied with prior to the issuance of any building permits. 10. The current site layout may need to be modified to accommodate solid waste collection by the city and will be reviewed during the building permit and site review process. The number and location of trash enclosures will be reviewed to allow adequate access for city garbage trucks. II. The frontage within Third Avenue East shall be improved to meet City of Kalispell Standards for Design and Construction, including, but not necessarily limited to, curb/gutter, landscape boulevard, and sidewalk. Street lighting also may be required based on Public Works review of the final engineering plans. 12. A pedestrian access from the main entrances of the building to the public right-of-way shall be provided. 13. An appropriate buffer including privacy fencing and a mix of landscaping shall be installed along the north property line. 14. The developer shall submit water main extension plans, applicable specifications, and design reports to the Kalispell Public Works Department to be reviewed and approved by Public Works prior to construction. 15. The developer shall obtain a 310 permit from the Montana Department of Natural Resources and Conservation for any disturbances to the waterbody, if required. 16. The total number of units on the property for the final design may need to be reduced in order to meet city development requirements. Dated this 21st day of June, 2021. STATE OF MONTANA W County of Flathead Mark Johnson Mayor On this day of , 2021 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 JUNE 8, 2021 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Doug Kauffman (acting President), Rory Young, Joshua Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. Chad Graham was absent. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Giavasis moved and Skees seconded a motion to approve the minutes of the April 13, 2021, 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. KA-21-02 — PONDEROSA VET A request from Katherine Gates (Mission Impawsible, LLC) for ANNEXATION annexation and initial zoning of B-1 (Neighborhood Business) for property located at 100 Ponderosa Lane (Ponderosa Veterinary Hospital), containing approximately 1.48 acres. The request is based on a desire to connect to city sanitary sewer service. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-21-02. Staff recommends that the Kalispell Planning Board adopt staff report #KA-21-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-I (Neighborhood Business). BOARD DISCUSSION None PUBLIC HEARING None MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-21-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-1 (Neighborhood Business). BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. KCU-21-03 — THE RITZ BAR & File #KCU-21-03 — A request from Tristelle Vu (The Ritz Bar & Salon) SALON CUP for a conditional use permit to allow an accessory casino within the B-4 (Central Business) zone. The property contains an existing bar and will be adding a nail salon in addition to the proposed accessory casino space. The property is located at 110 & 116 Main Street. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Pagel STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-03 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 asked if the CUP would be tied to the property or just the business. Sorenson explained that any kind of zoning entitlements run with the land as long as what they are doing is consistent with what was approved. Vomfell and Young asked about fagade improvements and signage requirements. Sorenson advised both will be required to go through the architectural review process. PUBLIC HEARING Michael Lawlor — PO Box 728, Missoula — attorney for applicant, offered to answer questions about how the liquor license ties in with the accessory casino. Tim Guenzler — 300 Lee Rd. — Owner of Progressive Gaming, is working with the applicants to set up gaming machines. Offered to answer questions. Melissa Quast — 1520 Us Hwy 2 West — concerned with layout of the business and the machines being in the front of the building and operating hours. Dia Sullivan — PO Box 233, Whitefish — architect for the applicant, explained that the layout they designed works best with the existing layout. Darcy Lard — 500 Main St — downtown business owner — is in favor of the bar and salon. Derek Price — 459 Mountain Vista Way — patron of applicants existing business, Nailtopia, and is in favor of the bar and salon. MOTION Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 03 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 Givasis is opposed to the CUP being tied to the property and has concerns with the 20% square footage requirement. Vomfell does not feel we need another casino in the city, and it is unfortunate that a liquor license must be tied to gaming to afford it. Young and Borgardt feel it is an appropriate use. Nygren noted that it's a good thing that the liquor license will be staying in the downtown area. ROLL CALL Motion passed 4-2 on a roll call vote. Vomfell and Giavasis are opposed to the conditional use permit. BOARD MEMBER SEATED Kauffman recused himself and asked Young to chair because he is a representative for Layne Massie (Edge, LLC). KCU-21-04 — EDGE A request from Layne Massie (Edge, LLC) for a conditional use permit APARTMENTS CUP to allow a multi -family residential development for property located at Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 12 2015 & 2105 Third Avenue East, containing approximately 2.04 acres. The development (Third Avenue East Apartments) would include 48 residential units, parking, and recreational amenities. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-04 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 Vomfell asked about Condition # 16 and the why the number of units may need to be reduced. Sorenson advised that since the B-2 zone does not have density limits changes may need to be made based on design requirements like parking, trash enclosures, storm drainage, etc. PUBLIC HEARING Carol Thill — 2141 3,d Ave E — Owner of Lucky Dog Day Camp to the south of the subject property. She has concerns with how close the apartments will be to her business and that it may cause problems, barking, smell, etc. with tenants in the future if there is not enough buffer. MOTION Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 04 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 Board discussed concerns with south property line regarding dog day camp and agreed that the property owner will be responsible and do what they need to do to mitigate future issues. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Kauffman re -seated and took over as chair. KCU-21-05 — J&S AUTOMOTIV L A request from Jason Sharp for a conditional use permit to allow an auto REPAIR CUP repair business within the B-3 (Core Area Business) zone. The property contains an existing building that was previously used for fleet vehicle maintenance and equipment storage for an internet service company. The property is located at 710 West Montana Street. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-05. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-05 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 Board discussed proposed screening, how the required sidewalk would fit and asked for clarification from staff as to why they are requiring the sidewalk if the use prior to this requested use was the same. Staff advised because of the zone change from B-5 to B-3 there are design guidelines now whereas the previous tenant was grandfathered in. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page13 PUBLIC HEARING Butch Clark — 500 Siblerud Lane — owner of property — is concerned with the required sidewalk because of cost and losing some existing trees. Jason Sharp — 480 Tronstad Rd — applicant requesting CUP — spoke to type of repair business he runs and that it's a small slower paced type of repair shop. MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 05 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 Board discussed good use for structure but expressed concerns with disproportionate costs of the sidewalk and requiring the applicant to have power poles moved. ROLL CALL Motion passed unanimously on a roll call vote. KPP-21-03 — WESTVIEW File #KPP-21-03 — A request from Owl Corporation for major ESTATES PHASES 6 & 7 preliminary plat approval for Westview Estates Phases 6 and 7. The PRELIMINARY PLAT property is located within an R-3 (Residential) zoning district, with a total of 34 single-family lots on approximately 15.98 acres of land including the lots, streets, a park area, and other common area. The property is located to the east of Stillwater Road and to the north of Westview Estates Phase 2. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KPP-21-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-21-03 and recommend to the Kalispell City Council that the preliminary plat for Westview Estates Phases 6 & 7 be approved subject to the condition listed in the staff report. BOARD DISCUSSION Board discussed number of accesses from new phases and approval from fire department as well as how the block length is calculated in relation to cul-de-sac. PUBLIC HEARING Eric Mulcahy — 2 Village Loop — representative for applicant — noted they are happy with the conditions of the staff report and offered to answer any questions. Kit Clark — 147 Taelor Rd — concerned with additional traffic, was hoping for an additional access on Stillwater Rd. Valerie Mitchell —187 Taelor Rd — concerned with additional traffic. Mark Eney —191 Taelor Rd — concerned with additional traffic. MOTION Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-21-03 and recommend to the Kalispell City Council that the preliminary plat for Westview Estates Phases 6 & 7 be approved subject to the condition listed in the staff report. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 14 BOARD DISCUSSION Giavasis noted he is not a fan of the cul-de-sac and Borgardt asked about doing future phase road improvements now to alleviate traffic concerns. Staff noted that the traffic impact study did not indicate there would be too much additional traffic with the design as is. ROLL CALL Motion passed unanimously on a roll call vote. KPUD-21-01 & KPP-21-02 — Files #KPUD-21-01 and KPP-21-02 — A request from Bison Hill, LLC MOUNTAIN VIEW PUD AND for the Mountain View Planned Unit Development ("PUD"), which is a PRELIMINARY PLAT Residential PUD overlay on approximately 139 acres of land abutting the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major preliminary plat approval for Phase 1 of the development. The property was previously annexed with a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16 cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family lots and 89 townhome lots), streets and open space. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Reports #KPUD-21-01 & #KPP-21-02. Sorenson noted that the applicant has some concerns with some of the conditions and would like to further discuss these conditions with staff and Public Works and therefore would like to have this tabled to a future meeting. He advised the board that we should proceed with discussion and public comment. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports #KPUD-21-01 & #KPP-21-02 and recommend to the Kalispell City Council that the PUD and the preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed west access, the traffic impact study and if it will trigger access to Hwy 2 and the water pressure issues that need to be addressed with Public Works. PUBLIC HEARING Mike Brodie — 431 1st Ave W — representative for applicant — confirmed that the applicant does wish to table for further discussion with staff and Public Works. Francis Flanigan — 849 Foys Lake Rd — agrees with the subdivision and likes the existing layout. Melissa Quast — 1520 US Hwy 2 West — concerned that only 2 accesses for 400 homes are not sufficient and how those accesses will be mitigated. She is also concerned with the number of deviations. MOTION — PUD & Vomfell moved and Borgardt seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt Staff Reports #KPUD- (ORGINAL) 21-01 and #KPP-21-02 and recommend to the Kalispell City Council that the PUD and preliminary plat for Mountain View be approved Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 15 subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed the fact that both applicant and staff have asked for a table to further discuss the project. They like the project but are concerned with there only being 2 accesses. MOTION — PRELIMINARY PLAT & PUD (TABLE) Vomfell moved to table and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission table Staff Reports #KPUD-21-01 & KPP-21-02 to the July 13, 2021 meeting. ROLL CALL Motion tabled unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the Kalispell Parkline. NEW BUSINESS Nygren updated the board on the July 13, 2021 planning board meeting. ADJOURNMENT The meeting adjourned at approximately 9:05pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 16 EDGE, LLC REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-21-04 JUNE 2, 2021 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit for a 48-unit multi -family residential project within a B-2 (General Business) Zoning District. A public hearing on this matter has been scheduled before the Planning Board for June 8, 2021, 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 Layne Massie (Edge, LLC) for a conditional use permit to allow a multi -family residential development for property located at 2015/2105 Third Avenue East, containing approximately 2.04 acres. The development (Third Avenue East Apartments) would include 48 residential units, parking, and recreational amenities. A: Applicant: Edge, LLC 55 Hunter Circle Kalispell, MT 59901 B: Location: The property is located at 2015/2105 Third Avenue East and can be described as Assessors Tracts 8CA, 80AA and 80BA in the NE1/4 of the NW1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. F_4V_ 4ft C: Existing Land Use and Zoning: The subject property is currently undeveloped. The B- 2 (General Business) zoning for the property 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." r Kalispell Zoning Exhibit - May 13th. 2021 NOR-H 2O16 3rd Ave E. - Tracts 80AA 80BA & SCA x G RA_2 County N f Cauno B-2 Subject Property 5 3rA B— JC I -I $ ® 3- ij o Prop" Neiglh6orhood Business Residential Res identaRrufessional Office - Central Busness - Residential Apao-ent - Residential AparmienWlFce - General Business 11 y r l — Core Area Busitess Residential Public Oatie: Mar. 137h, 2021 Kalispell Planning Dept. FilePath: J12 lZ5132021 KALI,SPELL R 2m � D. Size: The subject property is approximately 2.04 acres. E: Adjacent Zoning: North: County B-2 East: County B-2/R-2 West: City B-2 South: City B-2B-5 F: Adjacent Land Uses: North: Sign contractor; auto repair; office; single- family East: Single-family West: City park; retail South: Retail; dog day-care G: General Land Use Character: The general land use of the area is primarily commercial and office along its frontage on Third Avenue East, along with a city park across the street. There are a couple single-family residences as well. The east edge of the property is split off from the main part of the subj ect property and contains a deep cut with a slough, creating a natural break from the county residential area located to the east. H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Commercial. The Commercial land use category provides areas for r 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 immediately adjacent to the subject property. L• Utilities/Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95, Elrod Elementary/Glacier High School Fire: City of Kalispell Police: City of Kalispell *WATER MA 40 - .4p rr R 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. 3 r.�<ma� 1ypSY�C�S��S1 1. Site Suitability: Adequate Useable Space: The subject property is approximately 2.04 acres. The majority of the project site is flat with no significant impediments. The eastern edge of the property contains a steep slope to a slough and a small portion of property on the opposite bank. The B-2 zoning district does not have a maximum density, relying instead on appropriate design to accommodate required improvements such as parking, stormwater, and recreational amenities. When the project is submitted for building permit review, the total number of units on the property for the final design may need to be reduced in order to meet city development requirements. 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. The application indicates that each building will be three stories tall and be about 34 feet high. C. Adequate Access: The access for the development will be Third Avenue East, which is a city street. Some improvements to the frontage are necessary to bring it to city standards, but the street itself provides adequate access. Based on the number of trips generated, Public Works has determined that a Traffic Impact Study ("TIS") will be required to establish what, if any, street improvements need to be made to accommodate the development. The TIS should be submitted prior to issuance of a 4 building permit and any recommendations from the study should be implemented as part of the project. d. Environmental Constraints: There are no known environmental constraints, such as steep slopes, streams, floodplains, or wetlands on the area of the property proposed for development which could affect the proposed use. The Dry Bridge/Stillwater Slough does extend through the eastern portion of the property with steep slopes on either side. Development of the slough and slopes is not advisable, and the proposed layout does not include any improvements directly impacted by those areas. The plan does include a fenced overlook area above the slough with hardscape patio space and seating. Existing trees will remain and the area will be re -seeded with an erosion control natural cover. This project does not include a subdivision and the 100 foot setback in the subdivision regulations for building lot boundaries would not apply. However, it should be noted that the nearest building is over 200 feet from the water line and 150 feet from the top of the bank. There is no riparian habitat on the property as the property is flat grasslands impacted by decades of development on this property and the surrounding area. Further, the property is surrounded by development in all directions making the possibility of any historical habitat restoration unlikely. The City protects important riparian areas and water quality as part of the City Storm Water Management Program, which will be triggered if the developer chooses to move forward. The developer may need to obtain a 310 permit from the Montana Department of Natural Resources and Conservation for any disturbances to the waterbody. There should be a precautionary condition requiring the permit if necessary, although it should be noted that the Montana Department of Natural Resources and Conservation likely will not require a 310 permit even if there are disturbances since the waterbody does not receive regular flushing, regeneration or infusion of fresh water nor does it flow freely. 2. Appropriate Design: a. 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 48 units proposed, which would equate to 72 required parking spaces. The development plan provides 68 parking spaces along with 4 bike rack enclosures. Under the zoning ordinance, a 5% reduction in the number of required parking spaces is allowed if bike racks are provided (1 parking space for each bike rack holding 5 or more bikes). With the reduction, the minimum number of parking spaces would be provided. 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. 5 C. Traffic Circulation: As noted above, the access will be from Third Avenue East. On - site traffic circulates through parking facilities that will need to be designed to meet city standards. Included within the design would be access for solid waste collection by the city, and some modifications to the proposed layout may be necessary to accommodate garbage trucks. d. Open Space: There are no specific open space requirements, although open space is provided. The layout of the lot with the slough area creates a natural open area as well as a buffer from the residential properties to the east. Additionally, under the zoning ordinance, 500 square feet of land with recreational value per unit or the equivalent value in amenities shall be provided. The proposed layout includes four BBQ/picnic areas, lawn, and the overlook. The developer also has the option for an in -lieu payment and has considered making a contribution for improvements at Lions Park across the street. The specific plans for the recreational component will be reviewed during the building permit and site review processes. e. Fencin Screenin andscaping: There will be a 6.5 ft high privacy fence along the north and south property lines and a 4.5 ft high security fence on the western edge of the slough for safety purposes. The plan also provides for shrubs and trees along the north and west property lines as well as street trees on the street frontage. The Parks Department indicated that there are some modifications to the landscaping plan relating to tree caliper, as well as additional information for plant species and irrigation. The modifications and information will be required at the time of building permit and site review approval. f. Sim: 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, although the application indicates a potential location for a freestanding sign in a landscaped area fronting Third Avenue East. 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 hydrant(s) 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 61 is approximately 1.2 miles from the subject property giving good response time. C. Water: City water is available in the adjacent street frontage and would serve the property. The only main extension that would be required is the main for the fire hydrant(s). The location of the hydrant(s) would be determined by the Fire Chief, although the location of the main should be through driving lanes rather than under parking spaces. d. Sewer: Sewer service is available in the adjacent street frontage and would serve the property. No main extensions would be required. 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 number and location of these trash enclosures will need to be approved by Public Works. The current site layout may need to be modified to accommodate garbage pick-up and would be reviewed during the building permit and site review process. g. Streets: The primary street frontage is Third Avenue East, an existing road which provides access to the greater City of Kalispell circulation system. The frontage needs to be improved to meet city standards, including, but not necessarily limited to, curb/gutter, landscape boulevard, and sidewalk. Street lighting also may be required based upon final engineering review. h. Sidewalks: A sidewalk will need to be installed along the full length of the street frontage and be designed to meet City of Kalispell Standards for Design and Construction. The zoning ordinance requires a pedestrian connection to the public sidewalk for multi -family dwellings, and the layout provides that connection. 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, 24 students (K-12) would be anticipated from 48 dwelling units. j. Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires 24,000 square feet of land or the equivalent value of improvements as recreational amenities for the 48 unit development based on a ratio of 500 square feet of usable land per dwelling. The proposed layout includes four BBQ/picnic areas, lawn, and the overlook. The developer also has the option for an in -lieu payment and has considered making a contribution for improvements at Lions Park across the street. The specific plans for the recreational component will be reviewed during the building permit and site review processes. 7 4. Neighborhood impacts: Traffic: The multi -family project gains its primary ingress and egress from Third Avenue East, which is an improved public street. Based on the number of trips generated, Public Works has determined that a Traffic Impact Study ("TIS") will be required. The TIS evaluates the impacts the development has on the traffic system and indicates mitigation necessary to maintain acceptable levels of service. The TIS should be submitted prior to issuance of a building permit and any recommendations from the study should be implemented as part of the project. 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. C. 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: The historical use pattern in the neighborhood is a mix of residential and commercial. On the west side of the slough along Third Avenue East, the predominant use is commercial, including offices, restaurants, and a bar, as well as a city park across the street. On the opposite side of the slough is a county residential subdivision. The development pattern in the neighborhood has been fairly consistent in terms of uses and no changes in that pattern are anticipated. 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. RECOMMENDATION The staff recommends that the Kalispell Planning Board adopt staff report #KCU-21-04 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 1. 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. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 4. 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. 5. 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 Third Avenue East. The landscape plan shall be in substantial compliance with the submitted application, subject to modifications noted herein, and approved by the Parks and Recreation Director prior to issuance of the building permit. 6. 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. Alternatively, a cash -in - lieu payment for improvements at Lions Park may be provided to the City with the Director's approval. 7. 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. 8. 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. 9. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The terms, conditions, and recommendations of the Traffic Impact Study (TIS) shall be complied with prior to the issuance of any building permits. 10. The current site layout may need to be modified to accommodate solid waste collection by the city and will be reviewed during the building permit and site review process. The number and location of trash enclosures will be reviewed to allow adequate access for city garbage trucks. 0 11. The frontage within Third Avenue East shall be improved to meet City of Kalispell Standards for Design and Construction, including, but not necessarily limited to, curb/gutter, landscape boulevard, and sidewalk. Street lighting also may be required based on Public Works review of the final engineering plans. 12. A pedestrian access from the main entrances of the building to the public right-of-way shall be provided. 13. An appropriate buffer including privacy fencing and a mix of landscaping shall be installed along the north property line. 14. The developer shall submit water main extension plans, applicable specifications, and design reports to the Kalispell Public Works Department to be reviewed and approved by Public Works prior to construction. 15. The developer shall obtain a 310 permit from the Montana Department of Natural Resources and Conservation for any disturbances to the waterbody, if required. 16. The total number of units on the property for the final design may need to be reduced in order to meet city development requirements. 10 DIA SULLIVAN ARCHITECT, PLLC April 30, 2021 To: Development Services Department 201 1st Avenue East Kalispell, MT 59901 Re: CUP Application for 3rd Avenue Apartments Edge, LLC 2015 3rd Avenue East Kalispell, MT 59901 Description of Request: Purpose of the request for a Conditional Use Permit is to allow a multi -family apartment project as a permitted use under Section 27.13.030 of the Zoning Ordinance in a B2, General Business zone. In this location, the B2 zone and surrounding area is comprised of commercial and urban mixed uses at the present time. This parcel has been recently annexed to the City. Attachments: CUP Application Copy of Annexation Documents Copy of Warranty Deed Building Permit Application List of Drawings: A0.1 — Cover Sheet LAI — Landscape Site Plan LA2 — Landscape Details LA3 — Planting Plan — Trees and Shrubs LA4 — Planting Plan — Perennials LA5 — Landscape Notes C3.0 — Civil Site Plan A3.0 — Exterior Elevations A3.1 — Exterior Elevations Supplemental Information: 1. Zoning is B2, General Business 2. See attached drawing set. 3. See attached drawings, Sheets A3.0 and A3. P.O. Box 233 WHITEFISH, MONTANA 59937 406-250-1016 DSA@CYBERPORT.NET 3rd Ave. Apts. — CUP Ap 4-30-21 Page 2 of 4 4. Discussion: a. Traffic Flow and Control: The subject property is located adjacent to U.S. Hwy. 93 South and just off 3rd Avenue South. A traffic Impact Study (TIS) is required by the City of Kalispell for developments contributing 300 or more vehicle trips per day to the City street system. Per the ITE Trip Generation Manual, the proposed 48 residential apartment units are classified as Multifamily Housing (mid -rise) and will generate 5.44 vehicle drips per day per unit. Therefore, the proposed development will contribute 261 vehicle trips and a TIS will not be required. b. Access and circulation : The subject property has a single point of entry on the west side from 3rd Avenue East. The property is bordered to the north and south by private properties and to the east by a drainage slough . Vehicle circulation within the development will be via 24 ft. wide drive isles and the parking lot to the east has angled parking and a one-way loop to accommodate vehicle circulation. c. Off-street parking and loading: Per City of Kalispell parking requirements, a total of 64 standard off-street parking spaces and 4 handicap parking spaces have been provided. Four bike rack enclosures have also been provided and the number of required parking spaces has been reduced accordingly. The 68 spaces provided are the minimum amount allowed per City code d. The refuse garbage collection and service area, shown on LA 1 Site Plan and detailed on LA 2 Detail 3 is constructed of ground CMU block with steel gates covered in slats to match the architectural building cladding. It is designed to hold (2) 4 yd trash containers supplied by Evergreen Disposal. Adjacent to the containers, is room for four recycling bins. e. Utilities: Sewer service to the proposed structures will be provided by a public wastewater collection and treatment system owned, operated, and maintained by the City of Kalispell. There is an existing public sewer main in 3rd Avenue East which will service the development. Private sewer services will be extended to each building; therefore, a public main extension will not be required. Water service to the proposed structures will be provided by a public water supply system owned, operated, and maintained by the City of Kalispell. A public main will be extended into the development from the public water main located just west of 3rd Avenue East. This new public main extension will provide both domestic and fire water service to each structure. In addition to the services, one fire hydrant will also be added to provide the minimum amount of coverage for all structures. 3rd Ave. Apts. — CUP Ap 4-30-21 Page 3 of 4 f. Screening and Buffering: The apartment complex will have a 6.5' high privacy fence along the North and South property lines, and a 4.5' high security fence on the westerly edge of the slough toward the east property line. Fences are shown on LA 1 site plan and detailed on LA2 Detail 4. Other buffering will be adequate shrubs and trees along the north and west property lines. Street trees will be planted on 3rd Avenue at the entrance. In addition, we have considered shade and buffering at the asphalt parking on the east leg of the property with a center row of trees. The trees will also enhance the loop walking trail experience around that parking lot. g. Signage will be located within a planting strip located to the south of the entry drive. The location is labeled on LA 1 Site Plan. Design of the sign is by others and will be submitted separately for a sign permit and architectural review. Setbacks to buildings are 15' front yard, 10' min. from side yard and rear yard. Open space surrounds the buildings and extends to the east as a walking trail and overlook at the slough as shown on LAI. h. Height and Bulk: The maximum height of each 3-story building is 34 feet. Allowable maximum height in this zone is 60 feet. The roof slope is a combination of low sloping sheds and flat roof areas. This is to maintain a lower profile and a less dominate feature to the neighborhood which is a mix of single family residential and commercial. Multi -family is nearby to the north but not immediately adjacent. Several of the nearby commercial buildings are also 3 story (The Tower) and others have a mass such as the Rosares grocery store. The bulk or scale of the 2 apartment buildings are in keeping with or will be less than the surrounding commercial buildings and thus providing a multi -family residential scale. The 2 buildings are located approximately 55' apart on the uniquely shaped lot and separated by parking and green space. One building has a north -south orientation and the other an east - west orientation, providing a varied exposure to the apartment units. i. Open Space: The unique shape of this lot places the majority of the open space within the inaccessible area of the slough. With the steep banks and water depth, it was determined that these areas may be potentially hazardous to access for a multi- family project, and thus the slough will be fenced on the west side with an Overlook seating area located above the slough and the fence. In consideration of that, we felt the slough provided an excellent opportunity for wildlife and bird watching or watching the sunrise. The Overlook will have an easterly orientation, but 360 degree views are possible. The Overlook will have a hardscape patio space with a low retaining wall for seating. Any disturbance to the slough banks during construction will be re -seeded with an erosion control natural cover. The trees located in the slough will remain. 3'd Ave. Apts. — CUP Ap 4-30-21 Page 4 of 4 Other proposed open spaces will be (4) designated barbecue/picnic areas (2 per building) with enough surrounding turf to allow room for throwing a ball or Frisbee. The Overlook loop trail will be a recreational amenity. It will provide a safe, loop trail that is accessible for wheelchairs, walkers, and strollers. This trail will provide access to the overlook destination as well as provide an outdoor exercise (walking or jogging) amenity. Any in lieu of amenities required by the City will designated towards improvements to provide a multi -purpose sport court at the adjacent Lions Park. This will be a benefit for not only the residents of this complex, but for the community at large. The hours and manner of operation will be typical of a multi -family residential community. We anticipate the demographic to be of any age group and familial status. It is anticipated that there are no restrictions so people will be coming and going at the common times people typically come and go from their homes. There is no separate community building on the site. The community green areas such as the BBQ/Picnic sites and the slough Overlook and walking trail will be available to residents at all hours. However, the owner/management will establish rules for quiet hours, cleanliness of the common areas such as BBQ/Picnic areas and surrounding grounds, pet rules and waste pick-up, etc. This will not be a gated community. k. It is not anticipated that noise, odors, fumes, vibration, or heat will be anything different than other multi -family residences. The apartment management will have rules for the residence regarding such to the degree it is appropriate for a multi -family facility. Light and glare will be minimized by use of "dark sky" compliant exterior light fixtures. 1. Storm Drainage: Per City of Kalispell design requirements, additional storm run-off associated with the proposed development of the subject property will be collected, conveyed, treated and detained in an underground detention system prior to disposal into the existing drainage slough located on the east side of the property. m. The project will utilize police and fire services from the City of Kalispell. This property was recently annexed into the city and is no longer served by the South Kalispell Rural Fire District or the County Sheriff Department. The location of the complex is centrally located in southern Kalispell and is about one block to the east of Hwy 935. The complex will be approximately 1.2 miles from Kalispell's Public Safety Building, which houses both police and fire. Police and fire vehicles can easily reach the location, from their prospective stations, by using Hwy 93 using the 21St St. E intersection. The complex consists of two buildings. Both are located near the entrance off 3rd Ave. E and are easily accessible to police and fire vehicles. There is a fire hydrant capable of providing 5,196.96 GPM located directly across 3rd Ave. E. Both buildings will be protected by an automatic fire sprinkler system per the International Building Code. The entire complex will be adequately lighted for safety and security purposes. Development Services cl,fv Department 201 1st Avenue East A11,11SPEIL11, Kalispell, MT 59901 Phone 1406j 758-794-7940 CONDITIONAL USE PERMIT Email: planningna.kalispell.com Website: www.kalisr)eii.com Project Name 3rd Avenue E Apartments Property Address 2015 3rd Avenue East NAME OF APPLICANT Edge, LLC Applicant Phone 406-407-1309 Applicant Address City, State, Zip 55 Hunter Circle Kalispell, MT 59901 Applicant Email Address laynemassie[a-)gmail.com +t not current owner, piease attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Edge, LLC Owner Phone 406-407-1309 Owner Address 55 Hunter Circle City, State, Zip Kalispell, MT 59901 Owner Email Address laynemassie@gmail.com CONSULTANT (ARCHITECTIENGINEERi Dia Sullivan. Architect Phone 406-250-1016 Address PO Box 233 city, State, Zip Whitefish, MT 59937 Email Address dsa@cyberport,net POINT OF CONTACT FOR REVIEW COMMENTS Wade Rademacher Phone 406-261-1707 Address ]City, 55 Hunter Circle State; Zip Kalispell, MT 59901 Email Address wade@edgedevelopment-mt.com List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): S20, T28N, R21 W. TR8-OAA and 8-OBA (see attached) X Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. Development Services c rrY ��- ►� Department KALI 201 1st Avenue East P EL� Kalispell, MT 59 901 Phone (406} 758-794-7940 Zoning District and Zoning Classification in which use is propsed: 132 2. Attach a site plan of the affected lot which identifies the following items: a. Vicinity map and surrounding land uses b. Dimensions and shape of lot C. Topographic features of lot d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings f. Existing use(s) of structures and open areas g. Proposed use(s) of structures and open areas h. Existing and proposed landscaping, screening, fencing, open space & signage i. Exisiting and proposed parking, loading, lighting & traffic circulation j. E�xisiting and proposed garbage collection. streets & utilities k, Floodplain if applicable I. Adjacent sidewalks & bike trails 3. Attach Building Elevations - (drawing of any proposed building and/or addition showing views from north, south, east and west ) 4. On a separate sheet of paper, discuss the following topics relative to the proposed use (please elaborate beyond referencing materials listed above): a. Traffic flow and control b. Access to and circulation within the property c. Off-street parking and loading d. Refusetgarbage collection and service areas e. Utilities (water, sewer, electric, etc.l f. Screening and buffering g. Signs, yards and other opens 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, vibration, glare and heat I. Storm drainage m. Fire/Police S. 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 Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature Date 1 r _ 1 IE i! I J{ jI jI 1JI I f I II 111�1ffl�lif l�� f 1IIIi Pgsevixv F3 9a r bebb]a Pierson, Flathead County MT by AW 1/26/242f 6fh PM Return to: Aimee Brunckhorst Kalispell City Clerk P.Q. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT er, The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of K.alispeIl. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as tb the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the _50 -'IJ K4 Lr516Z� Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. .7 t ��I��IiI1� I1I NI�1,W�1��WA�II 1��I�lAll�Yll® Page; 2of393 Fees: $21.00 1/26/2021 3:07 PM This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property Ammin'f 5 years fromdate of annexation. ner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide Iegal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this day of , ��, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Z &�r F-�' yu A -.SS t _ known tome to be the person whose name is subscri� the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand a affixed my Notary Seal the day and year in this certificate first above written. t !OSEAL yrwvy�KELLY KHAFF HDTARY PtlBLlt; %r the Notary Fu c, Slate of Montana State o€ Montana Printed Name lieslding at Kalispell, Montana 9My Commission Expires Residing at r � fOF M'' Max 26, 202.1 My Commission expires: � ze, : ss County of Flathead County On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared ]mown to me to be the person whose naive is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: lull!llIlllllllIN11IIIIITIlIIIIIN111111NII011I11f I'M31111111111112IHI PR9ap3 of 3610 Fees: $21.00 9/4/2020 11:11 Ali IllillllllllI1111111gill 1111IIillllllll1111gill it11l11lilllllll111I llllil1llll1111 2021 Pege.,3 of 3f93 Fees. $21.00 1/26/2021 3.07 PM EXHIBIT A A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows to wit: Commencing at the Southeast Corner of the Northeast Quarter of the Northwest Quarter of said Section 20; thence North 0003' West, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter, 116,6 feet to the Northeast corner of that certain tract of land as described in Book 481, Page 980 of the official records of Flathead County, Montana and the True Point of Beginning of the tract of land being described; thence West and along the Northerly boundary line of said tract in Boole 481, Page 980, 646.5 feet to a point on the Easterly boundary line of the original U.S. Highway No, 93; thence North 14054' West, and along said Easterly boundary line of U.S. No. 93, 127.9 feet to the Southwest corner of that property as described in Book 430, Page 849 of said Flathead County records; thence North 7611,39' East, and along the Southerly boundary line of the property lust mentioned, 142.4 feet to the Southeast corner thereof; thence North 13421' West, and along the Easterly boundary tine of said tract, 80.0 feet to'a print on the Southerly boundary line of that certain tract of land 1n Book 274, Page 442; thence North 76039' East, 174.3 feet to a paint; thence South 0003' East, 185.1 feet to a point; thence East and parallel to the Southerly houndary line of the property being described, 389.5 feet to a paint on the Easterly boundary line of said NE1/4NW1/4 of Section 20; thence South 0003' East, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter, 89.4 feet to the True Point of Beginning. page 3 of 3 IlllllllllllllllllllIIIllllllllllllllllillllllllllllllllllll�lilllVllllllllllllf llllIN Page: I of 3Q1D Debbie Pierson, Flathead County MT by HW 914/20S 111MoAH D WHEN RECORDED MAIL TO: -1/? Fi ed far Retbrd at Request of: I cured Titles No.: 917403-Fr No.: 0374991 VALUE RECEIVED, Will is Eugene Long, JR. Space Above This Line for Recorder's Use Only WARRANTY DEED herieinafter called Grantor(s), do(es) hereby grant, bargain, sell and convey unto Massie address is: P-a" natter called the Grantee, the following described premises situated in Flathead County, Montana, Legal Description attached hereto as Exhibit A. SUP]ECT TO covenants, conditions, restrictions, provisions, easements and encumbrances apparent or of TO HAVE AND TO HOLD the said premises, with its appurtenances unto the said Grantees and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Gra ntee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant an defend the same from all lawful claims whatsoever. Sir. PTe M8zER Da ed:5£a�, 2020 Willis Eugene Long JR. Page I of 3 imuiuiiiniu liiummiumuunomiimiiiilI 2020 Page:20ei3610 Fees: $21.9e 9/4/2020 11M IW ATE OF Washington } S5. NTY OF L ,raj 5t for is instrument was acknowledged before me on 1 ,2020, by Willis Eugene Long, JR„ ANDREW .i GRIFFITHS ! Notary, Public Notary Public for the State of Washington State of Washington Residing at; Commission # 173869 MY G7rf1r17155ipn Expires: Comm. Expires Sep 8, 2022 Page 2 of 3 Illlllll ll ll l lllllll� loll lllll Hill111 Hill 1111111111111111111111111111111111111 IN Page:2020002 3 of 3G10 Fees: $21.00 9/4/2020 11.12 AM EXHIBIT A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 orth, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as Blows to wit: U mmencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of id Section 20; thence rth 0°63' West, and along the Easterly boundary line of said Northeast Quarter of the N rthwest Quarter, 116.6 feet to the Northeast corner of that certain tract of land as scribed in Book 481, Page 980 of the official records of Flathead County, Montana and the T ue Point of Beginning of the tract of land being described; thence est and along the Northerly boundary line of said tract in Book 481, Page 980, 646.5 feet a point on the Easterly boundary line of the original U.S. Highway No. 93; thence N rth 14054' West, and along said Easterly boundary line of U.S. No. 93, 127.9 feet to the uhwest corner of that property as described in Book 430, Page 849 of said Flathead unty records; thence N rth 76039' East, and along the Southerly boundary line of the property just mentioned, 1 2.4 feet to the Southeast corner thereof; thence N rth 13021' West, and along the Easterly boundary line of said tract, 80.0 feet to a paint on e Southerly boundary line of that certain tract of land in Book 274, Page 442; thence N rth 76°39' East, 174.3 feet to a point; thence uth 0003' East, 185.1 feet to a point; thence E st and parallel to the Southerly boundary line of the property being described, 389.5 feet to a point on the Easterly boundary line of said NEIANWIA of Section 20; thence South 0003' East, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter, 89.4 feet to the True Point of Beginning. Page 3 of 3 Printed: Tuesday, April 20, 2021 09:30:02 ELXnMM N� LAND INFMVkTION 5�5� InquiryTIM y PLAT ROB INQIIIF ks l Assessor # E, 4991 fear 21 Geccode A 0374991 05 124 M.SSIE, LKINE 4M PO BOX 7184 RALI.SP LL MT 59904 61 '� 8- , TR 8-0BA & TR SCA IN PTE4NW4 20 28 21 2.14 NO 'VALUE RECORD WAS MM FOR AaSSRNO/'iMAR NO PERS PROP RECORD i AJS EOUND TOR. As SRNO f IT—, R ALL DAMA HAS BEEN DISPLAYED. M..._...._.__...... UL ► = teas STR ...........Hm mm . eve ..., 120: ApriA 20.21i 09623:5 a - Input _Recjue�st IR=20 €M0 - 07396620201090000 Printed: Tuesday, April 20, 2021 09:30:02 .....r. L......... u PROJECT DESIGN TEAM LIME i 6EOiELINILAL EN6INEERR SiILL�LNRAL ENGINEER: LFLiRILPL BYaINEER: LANOGLAl ARLHIT Tc wHe N 3RD AVENUE EAST APARTMENTS A 48 UNIT MUITI-FAMILY HOUSING PROJECT 2105 3RD AVE. EAST KALISPELL, MT CONDITIONAL USE PERMIT SUBMITTAL DRAWING SHEET INDEX - CONDITIONAL USE PERMIT SUBMITTAL OWNER -DEVELOPER VICINITY MAP w- CONDITIONAL USE PERMIT SUBMITTAL By •� 4�Egi� g �3gc g s?Tis 8€ �a=�e •60008 � F � w d ce 6 Q u�l L3 N F y r W D W 3 8 00 lu m o a Q 3 � m M 0 CUP GOVER SHEET Am.l F 8 a 6 v Q L y = a N � a a a ¢ N o, ^ W N N W+E VS 1-20' 0" Site Plan 4/24/2021 l 1 of 5 OPic m Area AmmNtis�ere�a�uoma o �' �ro�m��ei�o�ere Side Perimeter Fence 6.5ft. 4�mume��Pomi��re�.,wPoo-re��ono WEST SOUTH Rear Slough Fence 4.5ft. OCovere�B�rke RakS ne,.per O TZash Enclosure NOj FpR G01`�SjRUGj\ON F 8 a m _ 2 ate. y i G N � a a a ¢ N ON ^ W N N W+ VS Design Details 4/24/2021 l 2of5 F 8 a 6 v Q L y = a N � a a a ¢ N o, ^ W N N W+E VS 1-20' 0" Planting Plan Trees and Shrubs 4/24/2021 l 3of5 o LDG o = 6 - 9 a ¢ 0—�`�mrrrtrl� a�•• -F LUCKY OOG OqY CgMP e� NOTE: ANY PLANT SUBSTITUTIONS MUST BE APPROVED BY LANDSCAPE ARCHITECT. LANDSCAPE ARCHITECT WILL LOCATE ALL PLANTS ON SITE. ---------------- PETTOMBSTONE Q NOT FOR CONglRUC10A F 8 a a v _ z a v o=i n � a a QL ¢ N o, ^ W N N W+B VS 1"=20'-0" Planting Plan Perennials 4/24/2021 l 4of5 I WDRK — ST' D� TH C D A —AL NSTA—T D—SH N DN TH LL SN TLMT, T, TH, S r IIILI N ALL � MATTIAL —C T H� —N SH NG D� ALL —D� — —NT ANO MAT-- CALLIo "R AN o "R"RM N ALL ",.T 'NS'N CNNCT 'N WTH TH, 'NoSCA" NSTAT DN SHDWN DN TH S — H T TH DRK sHALL N c" T —ANTA NG ` ALL,LANTSANO " NT — " UNT L I NAL ACC "TANC HI . NIR ANoTH , UL LL 11 ALL G..NTII IR-SIINS I HIIIN SlIC11110 2 T H � CDN—CTDR SHALL 'LLY A— � H m" I THTH NG �N-L- - - S T I G.0 NG _TIRSU_y _TRcALsU_y ANI ITH 'R UT LT 's T, Rc LU" ANY M SU N—STAN NG—T—A-TATIA —1-1-1—TAL—IIN CALLU11-11-1 ANY CINSTRUCT , N I 'R UT L, C"R, NAT 'N 4 4 llhll "PV 111 I,gn 1 —11111 P-Phlml as Secvott ho T111 1-1 .14 �— —111 1111 T-1 OShrub Planting Detail T.P=ll —1 . 1-h w1h P=Imu �h �h'ly %Plo he Ih h- been I—IPP. =1,0=1�aloul Ihe 4 e .,,n lh I Tle—Illbelluallp-11.1 Tree Plautiug Detail tl ate. y QL Oj N W+ S Landscape Notes 4/24/2021 l 5f5 o sEAv cc n�a. F01 \�� O -'I"-- CONSTRUCTION NOTES i 1A- it s F-111.. /r 12 o° �� Aw i / z z WQ z o a ao 'a --a -----� Z ww i s U zza W ax N 0 LL F K M O Z F W W 1 W W SHEET C3.0 n n n n �c S s. a€ = _ — aa rc— �a a j ll Q Q Q 8 W BUILDINIG'A, - SOUTM ELEVATION Q BUILDIN16 'B' - EAST ELEVATION u 6ea a n n n n n n n n n it i i i i i i i i m N� c Q m a n W d) W i 8 �Z W W® _A 0 3 �Q m Kl o m 6 RED s oNs I ill .� �.a..� III ill ill ill ill ill ill ill I `` I I I I I I I I I EMERIOR BUILDING 'A' - NORTH ELEVATION ELEVATION %1 BUILDINIG'B' - WEST ELEVATION .ca �- a CONDITIONAL USE PERMIT SUBMITTAL A3.0 Illllllllllllllllli�"'••� "'iii �illlllllllllllllllll I Ill 111 illliltlllll III I I I I II ll ljl IIIIIIIIIIIIII ■ IIIIIIIIIII ;� I °; m ne jjL�� I�LO�=■�� I �o �,� I ° �� - nIIIIIIilppllllll ��i��■� ��io��■oo■�o� ��. y,� �� m�. �.�, o■�� L� �� L� m ��® �mllllllllllllllllll,l �� y�� — �� 777 I ��1� ■ IIIIIIIII �� III I I I: I I I llj ::!IIIIIII �Illllllll lI I' uuulllllll„IIIIIpllilllu,,, a uIIIIIIIIIIIIIIIIIIIIIIIuuI IIIIIIIII;IIIIIIII�;II 11°� !!! =�� _ uIIIIIpiIlillllllll � �i1 _ � uuuIIIIIIIIIIIIIIIilllllllll, ��IIIuIIIIIIIIIIIIIIIIIIIIIIuuI Illlllullllilllll;ll��,,, ��_� _IIIIIuIIIIIIIilppllllll-uuuIIIIIIII,IIIIIIiII;��u��_��<� �i�-� III!!!iu��l�lllllllll��ll�ll��iiiii-111��llllllll��illl��= _ n Iln n n n it it it it it � � jilk s?Tis 8€ a t - •60008 BIWLDING'A' - WM6T ELEVATION F / BUILDING 'B' - SOUTH ELEVATION l7 l7 l7 l7 (7 � x oy® e it it it it it ¢' � In �q$ t F �qQ�o _ W o W 3 8 QZ in We 3�m In o Hill COMMENTS BUILDING 'A' - EA9T ELEVATION rl BUILDING S. - NORTH ELEVATION EXTERIOR LEVATION CONDITIONAL USE PERMIT SUBMITTAL A3J JA Kalispell Growth Policy Exhibit - May 13th, 2021 NORTH 2O15 3rd Ave E. - Tracts 80AA. 80BA & 8CA ® Subject Property Commercial Neighborhhod Commercial - Industrial Urban Mixed Use High Density Residential Urban Residential Suburban Residential City Airport -Gov. Public/Quasi Public, Openspace - Floodway Commercial city Airport Urban Residential figh Density Residential Subject Z Property m STAG LN Industrial Date: Mar. 13th, 2021 CTTTOF-7-00400411F Kalispell Planning Dept. FilePath: J\2021\05132021 KALISPELL 200 400 Feet A Kalispell Zoning Exhibit - May 13th, 2021 NORTH 2O15 3rd Ave E. - Tracts 80AA 80BA & 8CA v m I-1 m ND County a m County m ,Q0 P l Subject Property I-1 r Subject Property Neighborhood Business Residential vo Residential/Professional Office Central Business Residential Apartment Residential Apartment/Office General Business Core Area Business Residential Public Date: Mar. 13th, 2021 Kalispell Planning Dept. FilePath: J\2021\05132021 KALISPELL 200 Feet