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H2. Meridian Apartments Ph 2 Development Services Department 201 1st 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: KZC-21-03/KCU-21-08 – Meridian Apartments Phase 2 Zone Change and Conditional Use Permit MEETING DATE: November 1, 2021 BACKGROUND: Meridian Investments, LLC, has submitted an application for a zone change and a conditional use permit on approximately 1.0 acre of land located to the east of 41 Meridian Court. The property is currently zoned R-4 (Residential), and the proposed zone change would be to B-1 (Neighborhood Business). The zone change would allow multi-family dwellings as a conditionally permitted use on the property. The requested conditional use permit would expand a multi -family development currently under construction by adding a building and extending parking to the additional land. The existing development received a conditional use permit on April 6, 2020, for four buildings, each with 36 units. The additional building would also contain 36 dwelling units. The property is located east of 41 Meridian Court and can be described as Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on October 12, 2021, to consider the request. Staff presented staff report KZC-21-03/KCU-21-08 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 zone change request be granted and that the conditional use permit be granted subject to 16 listed conditions. No public comments were received at the public hearing other than from the applicant. The public hearing was closed, and motions were presented to adopt staff report KZC-21-03/KCU-21-08 as findings of fact and recommend to the Kalispell City Council that the zone change be granted and that the conditional use permit be granted subject to the 16 conditions. Board discussion concluded that the request was appropriate, and the motion was approved on a unanimous vote. RECOMMENDATIONS: ZONE CHANGE: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1868, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property, more particularly described as Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, from R-4 (Residential) to B-1 (Neighborhood Business) in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. CONDITIONAL USE PERMIT: It is recommended that the Kalispell City Council approve a request from Meridian Investments, LLC, for Conditional Use Permit KCU-21-08, a conditional use permit for a multi-family dwelling with up to 36 units, subject to 16 conditions of approval, located on property described as Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1868 Conditional Use Permit Letter October 12, 2021, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1868 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOTS 13A, 14A, AND 15A OF BERGMAN TRACTS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-4) TO CITY B-1 (NEIGHBORHOOD BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN – IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Meridian Investments, LLC, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above-described tract of land be zoned B-1 on approximately 1.0 acre of land; and WHEREAS, the property is located at 41 Meridian Court; and WHEREAS, Meridian Investments’ petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-21-03, dated October 6, 2021, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Business, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy Plan-It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KZC-21-03. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as B-1, Neighborhood Business, on approximately 1.0 acre of land. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 2021. ______________________________________ Mark Johnson ATTEST: Mayor __________________________ Aimee Brunckhorst, CMC City Clerk Return 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: Meridian Investments, LLC 3938 S Lone Pine Ave, Ste 101 Springfield, MO 65804 LEGAL DESCRIPTION: Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana ZONE: B-1, Neighborhood Business The applicant has applied to the City of Kalispell for a conditional use permit to allow a multi-family dwelling unit with up to 36 units as a conditionally permitted use on property described as Lots 13A, 14A, and 15A of Bergman Tracts within the B-1 (Neighborhood Business) zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on October 12, 2021, held a public hearing on the application, took public comment and recommended that the application be approved subject to seventeen (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- 08 as the Council's findings of fact, and issues and grants to the above-described real property a conditional use permit to allow a multi-family dwelling unit with up to 36 units as a conditionally permitted use within the B-1 (Neighborhood Business) zone, subject to the following conditions: 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, architectural/site plan drawings and the Conditional Use Permit issued for the existing multi-family development on April 6, 2020. 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 which shall include a greenbelt along the northern and eastern boundaries of the subject property that complies with the requirements of Section 27.20.050 of the Kalispell Zoning Ordinance. 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. 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. 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. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department with approval prior to construction. 9. The water main extension shall extend down the alley to Second Street West, but will need to maintain a ten foot separation from the existing sanitary sewer main. If the separation cannot be met, an alternative approach would be to loop the line back through the property. 10. 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. 11. An updated 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. 12. A pedestrian access from the main entrances of the building to the public right-of-way shall be provided. 13. The full length of the alley adjacent to the property to the south shall be improved to meet the City of Kalispell Standards for Design and Construction including, but not necessarily limited to, paving. The alley shall connect to Second Street West at both the western and eastern ends of the alley. 14. Access to the subject property shall meet fire code as determined by the City of Kalispell Fire Chief. 15. The garbage enclosure shall be relocated onto the property to a location acceptable to the Kalispell Public Works Department. 16. The conditional use permit shall not be effective until the zone change to B-1 (Neighborhood Business) becomes effective. Dated this 1st day of November, 2021. ______________________________________ Mark Johnson Mayor STATE OF MONTANA ) : ss County of Flathead ) 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 Minutes of the meeting of October 12, 2021 Page | 1 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 12, 2021 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Rory Young, George Giavasis and Ronalee Skees. Kurt Vomfell and Joshua Borgardt were absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Giavasis seconded a motion to approve the minutes of the September 14, 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. BOARD MEMBER SEATED Rory Young recused himself. KZC-21-02 & KCU-21-07 SAMARITAN HOUSE A request from Samaritan House, Inc. for a zone change and a conditional use permit on approximately 2.42 acres of land at 1110 2nd Street West. The proposed zone change would also apply to a tract of land at the northeast corner of the intersection of South Meridian Road and 2nd Street West, which is owned by the City of Kalispell and contains approximately 0.1 acres. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-21-02 and KCU-21-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-02 as findings of fact and recommend to the Kalispell City Council that the subject properties currently zoned P-1 (Public) be rezoned to B-3 (Core Area Business). Staff recommends that the Kalispell Planning Board adopt staff report #KCU-21-07 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 Graham asked staff about the notification process when there is a school next to a proposed project such as this. Sorensen advised that the city’s notification is the same, however it is up to the school district what they decide to do with it from there. Graham also inquired about the screening process for residents who might be sexual offenders. Staff advised that the applicant would have the opportunity to answer that question. PUBLIC HEARING Chris Krager – Executive Director of Samaritan House – 124 9th Ave W – briefly went over project explaining that there will be case management staff on duty helping set goals, tracking outcomes, etc. Chris also advised that there are no registered offenders allowed at this Kalispell City Planning Board Minutes of the meeting of October 12, 2021 Page | 2 location because of its location across the street from the school. Paul Goodrich – 439 Grand Dr #322, Bigfork – concerned with impacts on adjacent residential area and location of trash enclosures. Annalise Wilson – 30 10th Ave W – concerned with there being registered offenders and feels that veterans should be a priority. Kathleen Vernon – 2521 Mission Trail/202 Meridian – concerned with increased traffic. Kim Morisaki – 1329 Bald Eagle Loop – Executive Director for the NW MT Community Land Trust and is a board member for the Samaritan House – noted what an asset this project is to the community as well as its importance. MOTION – KZC-21-02 Kauffman moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21- 02 as findings of fact and recommend to the Kalispell City Council that the subject properties currently zoned P-1 (Public) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION – KCU-21-07 Skees moved and Giavasis seconded a motion that the Kalispell Planning Board adopt staff report #KCU-21-07 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 Board members expressed their enthusiasm for the project. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE-SEATED Rory Young re-seated. BOARD MEMBER SEATED Doug Kauffman recused himself. KZC-21-03 & KCU-21-08 MERIDIAN APARTMENTS A request from Meridian Investments, LLC for a zone change and a conditional use permit on approximately 1.0 acres of land located to the east of 41 Meridian Court. The property is currently zoned R-4 (Residential), and the proposed zone change would be to B-1 (Neighborhood Business). The zone change would allow multi-family dwellings as a conditionally permitted use on the property. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-21-03 & KCU-21-08. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-03 as findings of fact and recommend to the Kalispell City Council that the subject property currently zoned R-4 (Residential) be rezoned to B-1 (Neighborhood Kalispell City Planning Board Minutes of the meeting of October 12, 2021 Page | 3 Business). Staff also recommends that the Kalispell Planning Board adopt staff report #KCU-21-08 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 None. PUBLIC HEARING Doug Peppmeier – TD&H Engineering – 450 Corporate Dr – representative for applicant, offered to answer any questions the board may have. MOTION – KZC-21-03 Skees moved and Giavasis seconded a motion that the Kalispell Planning Board adopt staff report #KCU-21-08 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 None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION – KCU-21-08 Young moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 08 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 None. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Staff updated board on recent City Council approvals. NEW BUSINESS Staff updated board on the November 9th Planning Board Agenda. ADJOURNMENT The meeting adjourned at approximately 6:43pm. __________________ ___________________ Chad Graham Kari Barnhart President Recording Secretary APPROVED as submitted/amended: 1 MERIDIAN APARTMENTS PH 2 ZONE CHANGE - STAFF REPORT #KZC-21-03 CONDITIONAL USE PERMIT – STAFF REPORT #KCU-21-08 KALISPELL PLANNING DEPARTMENT OCTOBER 6, 2021 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a zone change from R-4 (Residential) to B-1 (Neighborhood Commercial) and a conditional use permit for a multi-family development. A public hearing on this matter has been scheduled before the Planning Board for October 12, 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 Meridian Investments, LLC for a zone change and a conditional use permit on approximately 1.0 acres of land located to the east of 41 Meridian Court. The property is currently zoned R-4 (Residential), and the proposed zone change would be to B-1 (Neighborhood Business). The zone change would allow multi-family dwellings as a conditionally permitted use on the property. The requested conditional use permit would expand a multi-family development currently under construction by adding a building and extending parking to the additional land. The existing development received a conditional use permit on April 6, 2020, for four buildings, each with 36 units. The additional building would also contain 36 dwelling units. A: Applicant: Meridian Investments, LLC 3938 S Lone Pine Ave, Ste 101 Springfield, MO 65804 B: Location: The property is located east of 41 Meridian Court and can be described as Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 2 C: Existing Land Use and Zoning: The subject property is currently undeveloped. The current R-4 zoning for the property is a district “comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map.” D: Proposed Zoning District: That applicant has proposed a zone change from the existing R-4 to B-1 (Neighborhood Business). The B-1 is a “business district intended to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district would typically serve as a buffer between residential areas and other commercial districts. Development scale and pedestrian orientation are important elements of this district. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations to accommodate large-scale commercial operations. This zoning district would typically be found in areas designated as neighborhood commercial or urban mixed use on the Kalispell Growth Policy Future Land Use Map.” E: Size: The subject property is approximately 1.0 acres. F: Adjacent Zoning: North: B-1/R-4/B-2 East: R-4 West: B-1 South: R-4 G: Adjacent Land Uses: North: Single-family; new multi- family residential; office; commercial East: Single-family West: New multi-family residential South: Single-family/duplex; office; light industrial 3 H: General Land Use Character: The general area is primarily residential and includes some multi-family residential in addition to the current multi-family development under construction that this additional building would be a part of. There are several commercial/light-industrial uses both to the north and south of the subject property. Peterson Elementary School and an adjoining city park lie just to the east. I: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Mixed Use. The Urban Mixed Use land use category allows a compatible mix of higher-intensity uses including office, commercial, light-industrial, and medium to high-density residential uses. The designation supports the requested B-1 zone under the zoning ordinance. 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. Additionally, infill development is encouraged to lessen impacts on sensitive lands and provides additional housing opportunities where services are available. City services including sewer, water and streets are in the vicinity and available to the subject property. J: 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 #5, Peterson Elementary/Flathead High School 4 Fire: City of Kalispell Police: City of Kalispell ZONE CHANGE EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the zoning map amendment request in accordance with state and local regulations. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. The subject property is currently zoned R-4 (Residential). The applicant is requesting B-1 (Neighborhood Business). 1. Does the requested zone comply with the growth policy? The proposal is consistent with the goals and policies of the growth policy (Plan-It 2035). The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Mixed Use. The Urban Mixed Use land use category allows a compatible mix of 5 higher-intensity uses including office, commercial, light-industrial, and medium to high- density residential uses. As mentioned above, the B-1 zone is anticipated in areas designated in the growth policy as Urban Mixed Use. 2. Will the requested zone have an effect on motorized and non-motorized transportation systems? The requested zoning of B-1 will have some effect on the motorized and non-motorized transportation system, but development of the site will be subject to an updated traffic impact study due to the number of vehicle trips per day. The zone is consistent with the general use of the area and is served by the standard city street grid system. Specific impacts resulting from the use of the property would be reviewed as part of the conditional use permit and building permit processes. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the property in the case of an emergency. There are no features related to the property which would compromise the safety of the public. Fire access is reviewed as part of the conditional use permit and building permit. All municipal services including police/fire protection, water and sewer service are available to the property. 4. Will the requested zone promote the public health, safety and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classification of B- 1 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide reasonable provisions for adequate light and air? Setback, height, and lot coverage standards for new development in the area of the zone change are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. The requested B-1 zone has the same setbacks as the existing R-4 with somewhat larger minimum lot sizes and widths. Maximum building height would remain increase from 35 feet to 60 feet and maximum lot coverage would increase from 45% to 50%. “B”-zoned properties adjoining “R”-zoned properties have a greenbelt requirement for fencing or vegetative screening along the common property line. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The property is already within city limits and all public services and facilities are currently available to the property. The requested zone will not alter any of the public requirements, as there are city standards in place. 6 7. Will the requested zone promote compatible urban growth? The character of the neighborhood is primarily residential with a mix of commercial, office, light-industrial, as well as an elementary school. The property is adjacent to a multi-family project currently under construction. Given that the subject property has limited access, incorporating it into the multi-family project helps promote compatible urban infill growth on the property. 8. Does the requested zone give consideration to the character of the district and its particular suitability of the property for particular uses? The proposed B-1 zone is appropriate given the mix of surrounding uses, in particular the multi-family project under construction. As an infill lot, the property is better developed as an extension of that project rather than other uses which would have limited access to the street. 9. Will the proposed zone conserve the value of buildings? Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria, to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods. The conservation of values of the existing buildings in the vicinity depends largely on the design and construction quality of the potential development in the area of the zone change, as opposed to the change of the zoning or potential use of the property itself. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. Developing residential uses in appropriate areas helps provide housing, which is a need in the community as a whole. EVALUATION OF THE CONDITIONAL USE PERMIT 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. The requested conditional use permit would expand a multi-family development currently under construction by adding a building and extending parking to the additional land. The existing development received a conditional use permit on April 6, 2020, for four buildings, each with 36 units. The additional building would also contain 36 dwelling units. The first map below shows the approved layout for the first four buildings with the additional building and parking shown to the east of the existing development, while the second map is focused on the additional area. 7 8 1. Site Suitability: a. Adequate Useable Space: The subject property is approximately 1.0 acres. The majority of the project site is flat with no significant impediments. Design standards in the zoning ordinance would apply setbacks, lot coverage, and parking requirements which can be met. b. Height, bulk and location of the building: The proposed multi-family project meets the required setbacks and is well under the maximum allowed lot coverage. The B-1 zone also limits the maximum height to 60 feet and the proposed building is about 45 feet tall, which is the same height as the other buildings in the development that are under construction. Verification of all these standards would occur during building permit review and site review. c. Adequate Access: The primary access for the development as a whole will be Meridian Court, which is a city street, and this project is an extension of that development. The development also has a secondary access to the alley. Under the original approval, improvements to the western portion of the alley were required. By extending further to the east, the rest of the alley should be improved as well by paving the driving surface to city standards. A Traffic Impact Study (“TIS”) was prepared as part of the original project. Based on the number of additional trips generated, Public Works has determined that an update to the original 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 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. 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 and 1.0 per studio apartment. There are a total of 36 units proposed (18 studio and 18 with one bedroom or more), which would equate to 45 required parking spaces. The site plan shows 47 parking spaces and 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. 9 c. Traffic Circulation: As noted above, the primary access will be from Meridian Court with secondary access through the alley to the south. 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. d. Open Space: There are no specific open space requirements, although open space is provided. Under the zoning ordinance, 500 square feet of land with recreational value per unit or the equivalent value in amenities shall be provided. The existing layout includes a pavilion and picnic area for the residents which would also serve the new building. The specific plans for the recreational component will be reviewed during the building permit and site review processes. e. Fencing/Screening/Landscaping: The site plan provides landscaping in regard to parking, buffering, and open space. The zoning ordinance requires a greenbelt area along the property boundary that is adjacent to an R-4 residential district along the northern and eastern sides of the subject property (Section 27.20.050). The greenbelt shall consist of either a six-foot view-obscuring fence or hedge. Additionally, 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 be approved by the Parks and Recreation Department prior to issuance of the 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. 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, although a secondary access connecting the subject property to the alley may be required based on fire code review during the building permit and site review process. The buildings will be constructed to meet current building and fire and safety code standards. Station 61 is approximately 1.5 miles from the subject property giving good response time. c. Water: City water is available and would serve the property. There will need to be an extension of the main in order to serve the new building. The extension could potentially go down the alley and connect to the main in Second Street West, but would need to maintain a ten foot separation from the existing sanitary sewer main in the alley. If the separation cannot be met, an alternative approach would be to loop the line back through the property. The location of the hydrant(s) would be determined by the Fire Chief. 10 d. Sewer: Sewer service is available in the adjacent alley 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 proposed site plan shows an enclosure along the alley which may not be able to be served by the city. Additionally, the location across from existing residential uses is not desirable due to the impact on the neighbors. The current site layout should be modified to accommodate garbage pick-up and would be reviewed during the building permit and site review process. g. Streets: The primary street access is Meridian Court, an existing road which provides access to the greater City of Kalispell circulation system. The property is adjacent to an unimproved alley to the south which would provide a secondary access. Under the original approval, the western portion of the alley was required to be improved from the access point westward. With additional development extending to the eastern end of the alley, the full length of the alley needs to be improved to provide appropriate access at both ends of the alley to Second Street West. The improvements would primarily involve paving the width of the alley to meet the City of Kalispell Standards for Design and Construction. h. Sidewalks: The zoning ordinance requires a pedestrian connection to the public sidewalk for multi-family dwellings, and the layout provides that connection to the internal sidewalks in the development, which then connect to Meridian Court. i. Schools: This site is within the boundaries of School District #5. An impact to the district may be anticipated from the proposed development depending on the demographics of the residents. On average, 18 students (K-12) would be anticipated from 36 dwelling units. j. Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires 18,000 square feet of land or the equivalent value of improvements as recreational amenities for the 36-unit development based on a ratio of 500 square feet of usable land per dwelling unit. The proposed layout includes a pavilion and picnic area which are part of the development now under construction. The specific plans for the 11 recreational component will be reviewed during the building permit and site review process. 4. Neighborhood impacts: a. Traffic: A Traffic Impact Study (“TIS”) was prepared as part of the original project. Based on the number of additional trips generated, Public Works has determined that an update to the original 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 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. e. 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 area can best be described as an area in transition. The properties to the north along Meridian Court are developed commercially. The properties to the south and east along 2nd Street West and South Meridian are generally residential with some non-conforming commercial and light industrial uses mixed in, and Peterson Elementary School lies just to the east along with some multi-family residential in the surrounding area. The subject property is an extension of a new multi-family development now under construction. It will be a compatible use within the area and will act as a buffer between the residential and commercial developments in the vicinity. 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. 12 RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-03 as findings of fact and recommend to the Kalispell City Council that the subject property currently zoned R-4 (Residential) be rezoned to B-1 (Neighborhood Business). The staff also recommends that the Kalispell Planning Board adopt staff report #KCU-21-08 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, architectural/site plan drawings and the Conditional Use Permit issued for the existing multi-family development on April 6, 2020. 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 which shall include a greenbelt along the northern and eastern boundaries of the subject property that complies with the requirements of Section 27.20.050 of the Kalispell Zoning Ordinance. The landscape plan shall be in substantial compliance with the submitted applicationand 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. 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. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department with approval prior to construction. 13 9. The water main extension shall extend down the alley to Second Street West, but will need to maintain a ten foot separation from the existing sanitary sewer main. If the separation cannot be met, an alternative approach would be to loop the line back through the property. 10. 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. 11. An updated 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. 12. A pedestrian access from the main entrances of the building to the public right-of-way shall be provided. 13. The full length of the alley adjacent to the property to the south shall be improved to meet the City of Kalispell Standards for Design and Construction including, but not necessarily limited to, paving. The alley shall connect to Second Street West at both the western and eastern ends of the alley. 14. Access to the subject property shall meet fire code as determined by the City of Kalispell Fire Chief. 15. The garbage enclosure shall be relocated onto the property to a location acceptable to the Kalispell Public Works Department. 16. The conditional use permit shall not be effective until the zone change to B-1 (Neighborhood Business) becomes effective. MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA 406.751.5246 tdhengineering.com 450 Corporate Drive Suite 101 Kalispell, MT 59901 LETTER OF TRANSMITTAL To: PJ Sorensen Date: September 7, 2021 City of Kalispell – Planning Dept. TD&H Job No.: K20-008-022 201 1st Avenue E. Meridian Apartments – Ph. II Kalispell, MT 59901 We are sending you Attached Under separate cover via the following items: Shop Drawings Disks Plans Samples Copy of Letter Change Order Specifications Files COPIES DATE DESCRIPTION 1 09.07.21 CUP Application & Fee 1 09.07.21 CUP Submittal Information These are transmitted as checked below: For approval No exception taken Resubmit copies for approval For your use Make corrections noted Submit copies for distribution As requested For review and comment Return corrected prints REMARKS: PJ – Attached is our CUP submittal for the second phase of the Meridian Apartments project. We had a previous CUP for the current project that is under construction and this submittal is to add a 5th building on the property to the east that they purchased. cc: TD&H ENGINEERING Signed: Douglas Peppmeier, PE Website: Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): _________ 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. www.kalispell.comEmail:planning@kalispell.com CONSULTANT (ARCHITECT/ENGINEER)Phone Email Address Owner Phone Email Address POINT OF CONTACT FOR REVIEW COMMENTS List ALL owners (any individual or other entity with an ownership interest in the property): Project Name Applicant Address Phone City, State, Zip If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD NAME OF APPLICANT Applicant Phone Owner Address Owner Email Address Address City, State, Zip City, State, Zip Address CONDITIONAL USE PERMIT City, State, Zip Applicant Email Address Property Address Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 l. Adjacent sidewalks & bike trails l. Storm drainage Applicant Signature Date m. Fire/Police 5. 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. i. Location of proposed open space uses j. Hours and manner of operation k. Noise, light, dust, odors, fumes, vibration, glare and heat f. Screening and buffering g. Signs, yards and other opens spaces h. Height, bulk and location of structures c. Off-street parking and loading d. Refuse/garbage collection and service areas e. Utilities (water, sewer, electric, etc.) 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 h. Existing and proposed landscaping, screening, fencing, open space & signage i. Exisiting and proposed parking, loading, lighting & traffic circulation j. Exisiting and proposed garbage collection, streets & utilities k. Floodplain if applicable 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 b. Dimensions and shape of lot c. Topographic features of lot d. Size(s) and location(s) of existing buildings 1. Zoning District and Zoning Classification in which use is propsed: 2. Attach a site plan of the affected lot which identifies the following items: a. Vicinity map and surrounding land uses Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 EXHIBIT C a. Traffic flow and control The subject property is located at the West end of Meridian Court. Meridian Court ends at a four way stop with Meridian Road running North and south and West Center Street running East. A Traffic Impact Study was completed as part of the original Meridian Apartments project and a TIS update will be completed prior to submittal of the building permit application. b. Access to and circulation within the property The subject property is accessed from the West end of Meridian Court and a looped access road is planned with the development. If necessary, an emergency exit could possibly be provided in the SW corner of the property which would provide access to both the alley and then to Second Street West. c. Off-street parking and loading Off-street parking will be provided along the looped access road and in close proximity to each building. The number of parking spaces provided (45 total) meets the requirements of the zoning ordinance. d. Refuse and service areas Trash enclosures will be provided and adequate access will be provided for loading of trash. e. Utilities It is anticipated that an 8” water main will be extended through the property in order to provide fire sprinkler and domestic services to the building. In addition, a fire hydrant will be located as required by the Fire Chief. The existing sewer main in alley will provide sanitary sewer service to the proposed building. Storm drainage flow control will be addressed on-site and then connected to the existing storm drainage system for treatment and final disposal. The existing treatment structure installed as part of the initial improvements has adequate capacity to treat the additional amount of runoff anticipated from the proposed development. Other utilities will be extended and placed underground as required. f. Screening and buffering Landscaping will be used to screen the development from adjacent properties and the required yard setbacks have been met or exceeded. g. Signs, yards and other open spaces One entrance monument sign will be installed for the multi-family development along with building signage to identify the separate structures. Internal way finding signs will be used as appropriate. A community recreation amenity is proposed as part of the initial development and will be located adjacent to the future City trail. Additional amenities/improvements can be added to meet the Multi Family CUP regulations. h. Height, bulk and locations of structures The building will be approximately 32 feet at the eaves and will have protrusions and architectural elements to provide a pleasing façade. The proposed building will be the same as those currently permitted for construction and will have similar colors and materials to blend in with the rest of the multi-family development. i. Location of proposed open space uses Open space areas have been located around the perimeter of the proposed development which will be accessible to all renters. In addition to the open spaces, as previously mention a clubhouse has been proposed in the south portion of the development and will be located adjacent to the future City trail to be located within the railroad ROW once this is abandoned. 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. STUDIO C C C C C C C SS T C SS SS SS CICI KALISPELL SCHOOL DISTRICT MAINTENANCE SHOP FINISH FLOOR ELEV. = 2955.55' STUDIO SS NOT F O R CON S T R U C T I O N SHEET DESIGNED BY: QUALITY CHECK: JOB NO. FIELDBOOK DRAWN BY: DATE: K20-008 09.29.2021 M E R I D I A N S T A T I O N A P A R T M E N T S KA L I S P E L L , M O N T A N A RE V DA T E RE V I S I O N En g i n e e r i n g 45 0 C O R P O R A T E D R . , S U I T E 1 0 1 • K A L I S P E L L , M O N T A N A 5 9 9 0 1 40 6 . 7 5 1 . 5 2 4 6 • t d h e n g i n e e r i n g . c o m K20-008 CUP CU P A P P L I C A T I O N - E X H I B I T B SI T E L A Y O U T P L A N .DWG 2 DAP DAP GENERAL NOTES DATUM THE MONTANA STATE PLANE COORDINATE SYSTEM, FEDERAL INFORMATION PROCESSING STANDARD (FIPS) ZONE 2500, NORTH AMERICAN DATUM,1983 (NAD 83), INTERNATIONAL FEET, WAS USED FOR HORIZONTAL CONTROL AND THE NORTH AMERICAN VERTICAL DATUM 1988 (NAVD 88) WAS USED FOR THE VERTICAL CONTROL. DESCRIPTION LOT 13A, LOT14A, LOT 15A OF BERGMAN TRACTS PROPOSED USE MULTI-FAMILY ZONING CURRENT ZONING IS CITY OF KALISPELL ZONING ORDINANCE DESIGNATION R-4 REQUESTED ZONING IS CITY OF KALISPELL B1 WITH THE FOLLOWING SETBACKS: FRONT - 15 FT SIDE - 5 FT REAR - 10 FT MUNICIPAL SERVICES SANITARY SEWER AND WATER SERVICE BY THE CITY OF KALISPELL (PUBLIC MAIN EXTENSIONS REQUIRED) SOLID WASTE DISPOSAL BY CITY OF KALISPELL STORM DRAINAGE TO BE COLLECTED, TREATED AND DETAINED ON SITE, THEN DISCHARGED TO EXISTING NATURAL DRAINAGE. MAIL DELIVERY CENTRAL MAILBOX AT EXISTING LOCATION. EMERGENCY SERVICES POLICE AND FIRE PROTECTION PROVIDED BY THE CITY OF KALISPELL FLOODPLAIN PROJECT AREA CONTAINS NO FLOODPLAIN AREA LANDSCAPE LANDSCAPING PER CITY OF KALISPELL STANDARDS. TRAFFIC ACCESS OFF OF EXISTING MERIDIAN COURT THROUGH MERIDIAN STATION PROJECT PARKING 45 TOTAL SPACES REQUIRED 18 X 1.5 SPACES = 27 SPACES 18 X 1 SPACE = 18 SPACES 45 STANDARD SPACES PROVIDED 2 ADA SPACES PROVIDED SITE LAYOUT PLAN KALISPELL R-4 K A L I S P E L L R - 4 KALISPELL R-4 K A L I S P E L L B - 1 VICINITY MAP OR I G I N A L ME R I D I A N S T A T I O N DESCRIPTION Lots 13A, 14A and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. Flathead County Map Flathead County, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Parcels Misc Tract Land Condo Lot Imp Bbook_Lines CondoBdy Subdivbdy Roads_With_Assrno HIGHWAY ALLEY; ROAD RAILROAD ROW_No_Assrno HIGHWAY ALLEY; ROAD RAILROAD Hydro_Outline_Assrno Hydro_Outline_NoAssrno BPA Transmission Line Section Administrative Tract Line ABDRD ABDRXR EASEMENT IRRIGATION_DITCH LEASEDLOT MEANDER PLACER SURVEY QSECTION RESERVATIONBDRY RIVER RUNWAY SLOUGH UNREC_SUB_LOT Property Address Adjacent County Highways US Highway State or Secondary Highway All Roads Driveways or Alleys Forest Service Roads Unnamed Roads Road Classifications Arterial Road Collector Road Local Road Unclassified Road Highways Railroads 1/9/2020, 8:06:03 AM 0 0.04 0.070.02 mi 0 0.06 0.110.03 km 1:2,257 Flathead County U.S. Department of Agriculture Farm Services Agency Aerial Photography Field Office | U.S. Department of Agriculture Farm Services Agency Aerial Photography Field Office. | Flathead County | Kalispell Development Services 0 300150Feet N Subject Property RA-1 B-1 B-1 B-2 Public County R-4 B-3 2ND ST W S M E R I D I A N R D 3RD ST W MERIDIAN C T W CENTER S T N M E R I D I A N R D 2ND ST W Residential Core Area Business Public Subject Property General Business Central Business Residential/Professional Office Residential Residential Apartment Residential Apartment/Office Date: 9-14-2021 FilePath: J/2021/0914 MtCadastral data: 08202021 Kalispell Zoning Exhibit - September 14th, 2021 100 S Meridian Rd, Lot 13A, 14A & 15A ALLEY 2ND ST W S M E R I D I A N R D 3RD ST W APPLEWAY DR MERIDIAN C T N M E R I D I A N R D W CENTER S T 2ND ST W 0 300150Feet N High Density Residential Urban Mixed Use Commercial Subject Property Kalispell Development Services Floodway Public/Quasi Public, Openspace City Airport-Gov. Suburban Residential Urban Residential Industrial Neighborhood Commercial Public OpenSpace Commercial Subject Property Urban Mixed Use Kalispell Growth Policy- September 14th, 2021 100 S Meridian Rd, Lot 13A, 14A & 15A Date: 9-14-2021 FilePath: J/2021/0914 MtCadastral data: 08202021 Urban Residential Public OpenSpace Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, USGS Kalispell Mailing List - September 14th, 2021 100 S Meridian Rd, Lot 13A, 14A & 15A Date: 9-14-2021 FilePath: J/2021/0914 MtCadastral data: 08202021 Kalispell Development Services 0 500250 Feet N Subject Property Mailing List Parcels