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H4. The Harper Conditional Use PermitDevelopment 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: KCU-21-10 — The Harper Conditional Use Permit MEETING DATE: December 6, 2021 BACKGROUND: This application is a request from Briggs Anderson (30 Appleway, LLC) for a conditional use permit to allow a multi -family residential development with up to 40 dwelling units on approximately 1.23 acres located in a B-2 (General Business) zone. The project would include covered parking, a fitness center, sidewalks, and an on -site trail system. The overall project would also include a new Jiffy Lube and incorporate the Mudman building into the site, which would be approximately 2.35 acres in total. Both are permitted uses and not subject to a conditional use permit, although both uses are tied into the parking lot layout, traffic circulation, and services that are under review. The property is located at 1280 Highway 2 West and can be described as Lot 2A and Parcel `A' of the Amended Plat of Lot 2 of Pack Addition, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, together with Assessors Tracts IA (Tract 1 of Certificate of Survey No. 21137) and 7B (no COS available), all in the Southeast Quarter of Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on November 9, 2021, to consider the CUP request. Staff presented staff report KCU-21-10, 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 28 listed conditions. Two public comments were received at the meeting in addition to three representatives from the applicant. One, representing Mudman was in support of the project. The other had concerns about the parking layout and snow removal. The public hearing was closed, and a motion was presented to adopt staff report KCU-21-10 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the 28 conditions. A motion was made to amend condition 14 to read "Pedestrian accesses from the main entrances of the building to the public right- of-way shall be provided, including a connection of the eastern sidewalk along the main entrance to the building as well as a connection along the western property line, if required by the Site Development Review Committee. All sidewalks and trails should be concrete and meet city design standards." The amendment was approved unanimously. Board discussion concluded that the request was appropriate, and the main motion passed 5-1 on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Briggs Anderson for Conditional Use Permit KCU-21-10, a conditional use permit for a multi -family residential development, subject to 28 conditions of approval within the B-2 Zoning District, located at 1280 Highway 2 West. PROPOSED AMENDMENT TO CONDITION 22: Once the motion is on the table, staff would recommend the following amendment to condition 22 to read: "The Mudman site shall not include any drive -through or stacking lanes, unless reviewed and approved by the Site Development Review Committee. It also shall not include storage of the mobile vending trailer without providing an appropriate location that does not interfere with required parking spaces or aisles." This amendment would reflect an updated site plan submitted by the applicant which addressed some of the concerns raised at the public hearing and the conditions of approval. The updated plan includes a drive - through lane for Mudman which could potentially work with the plan revisions. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Conditional Use Permit Letter November 9, 2021, Kalispell Planning Board Minutes Staff Report (Amended) Application Materials and Maps Aimee Brunckhorst, Kalispell City Clerk Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Briggs Anderson (30 Appleway, LLC) PO Box 4445 Missoula, MT 59802 LEGAL DESCRIPTION: Lot 2A and Parcel `A' of the Amended Plat of Lot 2 of Pack Addition, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, together with Assessors Tracts IA (Tract 1 of COS No. 21137) and 7B (no COS available), all in the Southeast Quarter of Section 12, 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 allow a multi -family residential development with up to 40 dwelling units as a conditionally permitted use on property located at 1280 Highway 2 West within the B-2 (General Business) zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on November 9, 2021, held a public hearing on the application, took public comment and recommended that the application be approved subject to twenty-eight (28) 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- 10 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 residential development with up to 40 dwelling units as a conditionally permitted use within the B-2 (General Business) zone, 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. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director and Architectural Review Committee 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. Water and sewer mains shall be extended within the public right-of-way to the western property line. Valves shall not be placed under the sidewalk. Modifications to the service lines shown on the proposed plans shall be made as part of the building permit and site review process. 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. 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. 12. The Montana Department of Transportation shall review and approve the access to the property and any required encroachment and utility permits from MDT shall be obtained for any work in the right-of-way. 13. The full frontage on Highway 2 West shall be improved to an urban principal arterial standard including, but not necessarily limited to, curb/gutter, landscape boulevard, and an 8- foot concrete sidewalk. The sidewalk shall tie into the existing sidewalk to the east in a manner to be determined by the Public Works Department. The sidewalk shall extend through both approaches with the approaches between the sidewalk and the highway to be concrete. 14. Pedestrian accesses from the main entrances of the building to the public right-of-way shall be provided, including a connection of the eastern sidewalk along the main entrance to the building as well as a connection along the western property line, if required by the Site Development Review Committee. All sidewalks and trails should be concrete and meet city design standards. 15. Construction of the storm water outlet and other utility work may require a floodplain development permit and related permitting. Any required permitting related to the floodplain, creek, or wetlands shall be obtained prior to construction. 16. Access to the multi -family development shall be designed to meet the provisions of Section 27.20.140 of the zoning ordinance, which requires every building to be constructed to have access to a public street or an approved private street, with safe convenient access for servicing, fire protection, and required off-street parking. 17. Turning radius dimensions in the parking lot shall be designed as shown in Appendix A of the zoning ordinance and address overhangs from the carports as part of the clearance. 18. A minimum of 5% of the total interior parking lot area (excluding any required landscape buffers and general landscaping areas) shall be landscaped. 19. A total of three handicap accessible parking spaces shall be provided in conjunction with the multi -family building in addition to the two spaces provided with the other uses. 20. Support posts for the carports shall need to be accounted for in the design of the parking layout to ensure that each parking space has a minimum nine -foot clear width and that all ADA requirements are met. 21. The final design for the Jiffy Lube circulation shall incorporate design elements to eliminate the potential conflicts in the parking area south of the building. 22. The Mudman site shall not include any drive -through or stacking lanes. It also shall not include storage of the mobile vending trailer without providing an appropriate location that does not interfere with required parking spaces or aisles. 23. Setbacks for the carports shall be met based on the final property line configuration. 24. A Geotech report shall be prepared and submitted to be reviewed and approved by the City of Kalispell prior to construction. 25. The boundary line adjustment as well as easements/common facility agreements shall be completed prior to construction. 26. Access to the subject property shall meet fire code as determined by the City of Kalispell Fire Chief. 27. The garbage enclosures shall be redesigned in terms of capacity, location, and access in a manner acceptable to the Kalispell Public Works Department. 28. The final number of units on the property may be less than the 40 proposed once conditions of approval are addressed and the project is reviewed during the building permit and site review process for compliance with city rules and regulations. Dated this 6th day of December, 2021. Mark Johnson Mayor STATE OF MONTANA M 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 & ZONING COMMISSION MINUTES OF REGULAR MEETING NOVEMBER 9, 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 Chad Graham, Doug Kauffman, Rory Young, George Giavasis, Kurt Vomfell and Joshua Borgardt. Ronalee Skees was absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Giavasis moved and Kauffman seconded a motion to approve the minutes of the October 12, 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-21-05 & KPUD-21-04 A request from Bish's RV for the annexation of two parcels located at BISH`S RV 3100 Highway 93 South containing approximately 8.36 acres of land with an initial zoning designation of B-2 (General Business). The proposal would add a Planned Unit Development ("PUD") overlay on the two parcels along with a third parcel containing approximately 12.58 acres that is already within the city limits with a B-2/PUD placeholder designation. The Bish's RV PUD as proposed would then be a Commercial PUD on a total of approximately 20.94 acres and would contemplate a renovation and expansion of an existing RV dealership. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-21-05 and KPUD-21-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be B-2 (General Business), with a PUD overlay. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-04 as findings of fact and recommend to the Kalispell City Council that the PUD for Bish's RV be approved subject to the conditions listed in the staff report. Staff recommended an amended condition #15 to state "All billboards existing on the property shall be removed prior to issuance of afty Wilditigemit one e]44a certificate of occupancy for the second phase of building construction (part of phase 1 of the overall site), which involves the demolition of a portion of the building and is anticipated in the summer of 2023. In no case shall they be removed later than July 1, 2025. Under the zoning ordinance, the billboards count as sign area towards the maximum allowable sign area and signage may be restricted in that manner on the property until the billboards are removed." BOARD DISCUSSION Giavasis and Young discussed approach off Hwy 93 and the entrance Kalispell City Planning Board Minutes of the meeting of November 9, 2021 Pagel corridor standards regarding landscaping and parking. PUBLIC HEARING Will Krahn (via zoom) — 745 S Main St — Cushing Terrell — consultant for the applicant — spoke about the approach of Hwy 93, existing infrastructure and the lease agreements on the billboards. MOTION — KA-21-05 Vomfell moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be B-2 (General Business), with a PUD overlay. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-04 (AS Kauffman moved and Giavasis seconded a motion that the Kalispell AMENDED) Planning Board adopt staff report #KPUD-21-04 as findings of fact and recommend to the Kalispell City Council that the PUD for Bish's RV be approved subject to the 18 conditions, as amended, listed in the staff report. BOARD DISCUSSION Board agreed the amended condition #15 regarding the billboards makes sense. ROLL CALL Motion passed unanimously on a roll call vote. KCU-21-10 A request from Briggs Anderson for a conditional use permit to allow a THE HARPER multi -family residential development with up to 40 dwelling units on approximately 1.23 acres located in a B-2 (General Business) zone. The project would include covered parking, a fitness center, sidewalks, and an on -site trail system. The overall project would also include a new Jiffy Lube and incorporate the Mudman building into the site, which would be approximately 2.35 acres in total. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-21-10. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-10 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 discussed potential site layout issues and concerns with traffic flow, parking etc. They expressed concerns with the incompleteness of the site plan. Staff reminded them typically at this stage the plan is more conceptual. PUBLIC HEARING Ron Albrecht — 1070 N Meridian — concerned with parking layout and snow removal. Briggs Anderson — 2829 Great Northern Loop, Missoula — applicant — spoke about traffic flow and parking and that he is willing to change the site plan if needed. Kalispell City Planning Board Minutes of the meeting of November 9, 2021 Page 12 Mike Morgan — 123 N 2" d Street W, Missoula — consultant for the applicant — spoke about project and offered to answer any questions the board may have. Nathan Lucke — engineer for applicant — spoke about project and offered to answer any questions the board may have. Pam Rozell — co-owner of Mudman — likes the project and is working with owner on making his project fit. MOTION — KCU-21-10 Kauffman moved and Young seconded a motion that the Kalispell (ORIGINAL) Planning Board adopt staff report #KCU-21-10 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 discussed conditions in staff report and future traffic impact study. They understand the owner is willing to makes changes and feels confident that the conditions and standards are met. MOTION — KCU-21-10 Vomfell moved and Graham seconded a motion that the Kalispell City (AMEND CONDITION #14) Planning Board and Zoning Commission amend condition #14 in Staff Report #KCU-21-08 to state "Pedestrian accesses from the main entrances of the building to the public right-of-way shall be provided, including a connection of the eastern sidewalk along the main entrance to the building as well as a connection along the western property line, if required by the Site Development Review Committee. All sidewalks and trails should be concrete and meet city design standards." BOARD DISCUSSION None. ROLL CALL (AMEND COND #14) Motion passed unanimously on a roll call vote. ROLL CALL (ORIGINAL) Motion passed 5-1 on a roll call vote. Giavasis opposed. KCU-21-11 A request from GMD Development, LLC, for a conditional use permit to JUNEGRASS PLACE allow a multi -family residential development with up to 138 dwelling units on 5.82 acres located in an RA-2 (Residential Apartment/Office) zone. The development would include seven buildings with dwelling units as well as a community building, greenspace, playgrounds, and parking areas. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-21-11. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-11 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION None. PUBLIC COMMENT Ron Albrecht — 1070 N Meridian — Concerned with increased traffic on Meridian, he feels it is already unsafe. Pete Burkett — 376 W Washington — Is supportive of project. Steve D moke — 520 Pike St, Suite 101, Seattle — applicant — discussed Kalispell City Planning Board Minutes of the meeting of November 9, 2021 Page13 the project briefly and offered to answer any questions. Mike Brodie — 431 1st Ave W — consultant for applicant — discussed the engineering side of the project briefly and offered to answer any questions. Jill Hinrichs — 1080 N Meridian Rd (via zoom) — is concerned with increased traffic. MOTION Vomfell moved and Borgardt seconded a motion that the Kalispell Planning Board adopt staff report #KCU-21-11 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 discussed the importance of this project and all agree it's a good infill project. 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 December 14t1i Planning Board Agenda. ADJOURNMENT The meeting adjourned at approximately 8:31pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of November 9, 2021 Page 14 THE HARPER (AMENDED) CONDITIONAL USE PERMIT — STAFF REPORT #KCU-21-10 KALISPELL PLANNING DEPARTMENT NOVEMBER 3, 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 multi -family development. A public hearing on this matter has been scheduled before the Planning Board for November 9, 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 Briggs Anderson (30 Appleway, LLC) for a conditional use permit to allow a multi -family residential development with up to 40 dwelling units on approximately 1.23 acres located in a B-2 (General Business) zone. The project would include covered parking, a fitness center, sidewalks, and an on -site trail system. The overall project would also include a new Jiffy Lube and incorporate the Mudman building into the site, which would be approximately 2.35 acres in total. Both are permitted uses and not subject to a conditional use permit, although both uses are tied into the parking lot layout, traffic circulation, and services that are under review. A: Applicant: Briggs Anderson (30 Appleway, LLC) PO Box 4445 Missoula, MT 59802 B: Location: The property is located at 1280 Highway 2 West and can be described as Lot 2A and Parcel `A' of the Amended Plat of Lot 2 of Pack Addition, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, together with Assessors Tracts IA (Tract 1 of Certificate of Survey No. 21137) and 7B (no COS available), all in the Southeast Quarter of Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C: Existing Land Use and Zoning: The subject property is mostly undeveloped with an existing fast-food restaurant (Mudman) on the property. The current B-2 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 traveling 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." E: Size: The subject property is approximately 2.35 acres. F: Adjacent Zoning: North: B-2 East: B-2 West: B-2 South: B-2 G: Adjacent Land Uses: North: Athletic club; Commercial; Office East: Restuarants/Hotel West: Hotel South: Multi -family residential Cali 141d-27T1 p. ■ p�� ■ Kalispell D—I.p—t Services H: General Land Use Character: The general area is part of a primary commercial corridor for the city. It includes a mix of commercial and office uses including restaurants, bars, hotels, retail, an athletic club, and other general business uses. Kalispell Growth Policy Exhibit - 1011512021 The Harper; 1290 Highway 2 West NORTH riawm Po" -Z NIGH DENSITY RESIDENTIAL C.—A Liao M..d U_ �R nigh arm l_dv l 0rimn Rdeerlal Sd9rlan R tl l R-d F aid Publ r ,� COMMERCIAL o P Subject property = INDUSTRIAL M ■ URBAN MIXED USE 01 g HIGH DENSITY RESIDENTIAL- i D.I.: 10-15 2C2; r Kalispell Development Services MTCadasirdl data: ORM2021 KALISPELL J: Utilities/Services: Sewer: Water: Refuse: Electricity Gas: Telephone Schools: Fire: Police: I: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Commercial. While a rezoning is not necessary as part of the proposal, 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. City of Kalispell City of Kalispell City of Kalispell Flathead Electric Cooperative NorthWestern Energy CenturyTel School District 95, Peterson Elementary/Flathead High School City of Kalispell City of Kalispell 3 ► r, PROPERTY 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 include covered parking, a fitness center, sidewalks, and an on -site trail system. The overall project would also include a new Jiffy Lube and incorporate the Mudman building into the site, which would be approximately 2.35 acres in total. Both are permitted uses and not subject to a conditional use permit, although both uses are tied into the parking lot layout, traffic circulation, and services that are under review. The site plan below shows the conceptual plan for the project. As B-2 zoned property, there are not specified density limits on the property in terms of number of units. Instead, density is based on an appropriate design that fits the site, meets design criteria, and minimizes off -site impacts. As such, the final number of units on the property may be less than the 40 proposed once any conditions of approval are addressed and the project is reviewed during the building permit and site review process for compliance with city rules and regulations. 4 1' r° �1 1. Site Suitability: Adequate Useable Space: The subject property is approximately 2.35 acres. The majority of the project site is flat with no significant impediments. Design standards in the zoning ordinance would apply setbacks and lot coverage requirements which can be met for the primary structures. Setbacks for the carports do not appear to be met. Depending upon final lot configurations, there would likely be five- or ten -foot setbacks for the carports, which are currently shown on the property line. There appears to be sufficient area for parking, although modifications to the design may be necessary and may involve a reduction in the number of units. Most of the perimeter of the site has a steep slope dropping down to a creek and associated wetlands/floodplain. A Geotech report was not submitted with the application and will need to be reviewed and approved by the City of Kalispell prior to construction. The overall layout will rely on a boundary line adjustment as well as easements/common facility agreements, which will need to be completed prior to construction. 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-2 zone also limits the maximum height to 60 feet above natural grade and the proposed building is about 55 feet tall per the submitted plans. Verification of all these standards would occur during building permit review and site review. Adequate Access: The access for the development will be from Highway 2 West through two existing accesses. As a federal highway, the Montana Department of Transportation will need to review and approve the access points based on the increased usage, and the developer will also need to obtain encroachment and utility permits from MDT for any work in the right-of-way. A Traffic Impact Study ("TIS") was not submitted by the applicant. Based on the number of additional trips generated, Public Works has determined that a 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 is subject to review and approval by the Public Works Department and any recommendations from the study should be implemented as part of the project. Additional detail on access is discussed below. d. Environmental Constraints: There are some environmental constraints, including steep slopes, streams, floodplains, and wetlands on or adjacent to the property which could affect the proposed use. At the southeast corner of the property, West Spring Creek emerges from a culvert under the highway. Associated with the creek are regulated floodplain (AE zone) and floodway pursuant to DFIRM Panel 30029C1805J, Effective November 4, 2015, as well as what is described in the application as a natural wetland area (although at least a portion appears to be related to the storm drainage facility for a nearby apartment complex). The creek, floodplain, and wetland appear to be below the main portion of the property by about 10-15 feet and would not directly impact building sites, although construction of the storm water outlet and other utility work may require a floodplain development permit and related permitting, such as a 310 permit from the Conservation District and a wetlands permit from the Corps of Engineers. Also, since there is not a subdivision, stream and wetland setback regulations in the subdivision regulations would not specifically apply. Nevertheless, they are areas which should be protected both during and after construction and particular attention should be paid to design and construction practices which could impact them. Y. r APPLEWAY D 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 40 units proposed, which would equate to 60 required parking spaces for the multi- family use. The Jiffy Lube would require two spaces per bay and Mudman would require one space per 100 gross square feet. Based on the information provided, Jiffy Lube would need a minimum of 8 spaces and Mudman 23 spaces, which would be a total of 91 required parking spaces. The site plan shows 91 parking spaces, although design requirements may reduce that number. 7 It is also possible to have a reduction of up to 5% based on the provision of bike racks. The zoning ordinance allows a reduction of one parking space for each bike rack with five bike slots. Mudman could have a reduction of one space and the apartments could have a reduction of three. The plans indicate some plans for bicycle storage, although it is not clear specifically how they 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. C. Traffic Circulation: As noted above, the access will be from Highway 2 West and MDT will need to review and approve the added loading on the two existing accesses to the highway. On -site traffic circulates through parking facilities that will need to be designed to meet city standards and there are aspects of the proposed layout which may need to be modified. Section 27.20.140 of the zoning ordinance requires every building to be constructed to have access to a public street or an "approved" private street, with "safe convenient access for servicing, fire protection, and required off-street parking." In interpreting an approved private street, we have typically referred to Section 28.3.14 of the subdivision regulations. For lots serving more than 20 dwelling units, that would typically mean a 60-foot-wide right-of-way with a 28-foot travel surface and sidewalks on both sides, and no parking spaces backing into the street. In this situation, with an existing parking lot and access to the highway right-of-way with an easement, the proposed layout strives to meet the intent of that provision by providing a shared access with sidewalks coming into the center of the site, including a raised crosswalk in front of Jiffy Lube. In this context, the main access can be interpreted to meet that requirement, particularly if the boundary line adjustment is reworked to provide a physical connection to the highway for the apartment property. The parking layout does have some issues under the design criteria in the zoning ordinance. First, at the ends of the driving DWG aisles, the driving lane dimensions are 24 feet, CLEARANCES but squared at a 90 degree angle. There needs to be a turning radius as shown in Appendix 18' Inside A of the zoning ordinance —18 foot inside and Turning Radius 29 foot outside radiuses. It is also unclear how overhangs from the covered parking may '0'Q impact the turning radiuses as specific plans �me for the carports were not included in the 0 0 application. 6w E The zoning ordinance (Sec 27.24.030(6)(a) also requires a "minimum of 5% of the total interior parking lot area (excluding any landscape buffer)" to be landscaped. Initial calculations submitted with the application indicate that the landscaping is provided, although the total amount of landscaping interior to the parking lot (not including buffering and general landscaping) as part of the final design will need to be reviewed and approved as part of the building permit and site review process. An additional handicapped parking space would also be required for the apartment building. Under federal rules, 60 parking spaces (those for the apartment) require three ADA spaces which need to be the shortest accessible route into the building and distributed appropriately if there are multiple entrances. While 91 overall parking spaces would initially seem to have four ADA spaces for the site per ADA rules, having separate legal properties with 40 dwelling units on one of them would create the additional requirement. The covered parking layout in the site plan does not appear to account for support posts in the design. Parking spaces under the zoning ordinance are a minimum of nine feet wide. Posts need to be accounted for in the design, particularly in conjunction with ADA spaces that cannot have obstacles within required ADA dimensions. Covered parking in other multi -family projects have typically accounted for extra width at the location of the posts. The parking layout under the covered parking will need to be adjusted to allow space for the posts. Part of the difficulty of the overall design for the site is the other uses at the front of the site: Jiffy Lube and Mudman. The Jiffy Lube circulation poses potential problems for the overall circulation. Typically, oil lube businesses have stacking in front of the ` doors with customers waiting �,S,v •, � `ter to enter or leaving their cars `�.in line. Their proposal has customers entering from the wa� back of the building from the apartment parking area. This layout has the potential to create intermittent blockages of both cars backing out of X spaces and overall circulation. One solution would be to enter from the north side of the Jiffy Lube, Y which would allow stacking separate from the driving lanes for the apartment, and then pulling finished cars into designated parking spaces south of the building. The applicant would prefer not to arrange it in that manner, and instead, their plan to move vehicles into the garage is for the customer to park their vehicle in a parking space, go inside and hand the keys off to the attendant, and then the attendant will pull the vehicle into the spot. There 0 may be more than one way to address the circulation issue, but the final design needs to incorporate clear features which prevent the potential conflict. In relation to the Madman site, there are two aspects of the existing layout that would be problematic with the additional development. First, the existing business has a drive -through kiosk on the south side of the building. Drive-throughs require four stacking spaces that do not interfere with traffic circulation. The drive -through is not included in the current plans and would not be able to be incorporated into the proposed layout without substantial changes. Second, Madman has a trailer/mobile vending unit that is currently stored on the property. It occupies five parking spaces. In order to meet minimum parking requirements, alternative arrangements will need to be made for storage of the trailer. Besides traffic circulation, there were some concerns raised by the Fire and Public Works Departments related to access. While fire access would meet minimum safety standards with the hammerhead turnaround shown on the site plan, it would be preferrable to also have better turning radiuses on the ends of the parking aisles as well. Similarly, Public Works had concerns about being able to access the site for solid waste pick-up. Other issues with solid waste are discussed below and the layout will need to be modified to account for that. There are several aspects of the parking lot layout which should be updated. The modifications will be reviewed as part of the building permit and site review process, and will need to be approved by the City prior to issuance of a building permit or construction. 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 plan provides for a fitness center and an on -site trail system with four circuit training stations, as well as a central gathering space in the building. The specific plans for the recreational component will be reviewed during the building permit and site review processes. e. Fencin Screenin andscaping: The site plan provides landscaping in regard to parking, buffering, and open space. 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 and Architectural Review Committee prior to issuance of the building permit. f. Si�gna _e: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. It should be noted that, with the boundary line adjustment as proposed and with the proposed layout, signage for the apartments would be limited. There could not be a separate freestanding sign for the property and overall sign area would be limited. Most likely, any freestanding sign would need to be part of shared signage with one of the properties along the highway. 10 3. Availability of Public Services/Facilities: 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 there are aspects of the on -site circulation discussed above which may need to be addressed during fire code review through 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 1.2 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 buildings. The extension should extend within the highway right-of-way to the western property line and should not have valves under the sidewalk (the submitted plans show the main extending onto the property with valves under the sidewalk). Also, as part of the building permit and site review process, there would be modifications of the service lines for the buildings from the proposed lines shown on the plans. The location of the hydrant(s) would be determined by the Fire Chief. d. Sewer: Sewer service is available and would serve the property. As with the water main extension, there will need to be an extension of the main to the western property line along with modifications of the service lines. 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. The submitted plans show underground stormwater detention, which potentially can work under city regulations. If final design of the facility were not to allow underground detention for any reason, provisions for an above ground facility would have substantial impacts on the overall site design and likely result in a significant reduction in the number of units on the property. As mentioned above, a floodplain development permit and related permits may be required as part of the outfall from the detention facility. 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 11 by Public Works. The current site layout needs be modified to accommodate garbage pick-up and would be reviewed during the building permit and site review process. Comments from Public Works indicated that more enclosures would be necessary and need to be at more accessible locations. For example, the enclosure in the southeast corner of the property is blocked in by parking spaces and, even without the parking spaces, would need to be reoriented to accommodate pick-up. It is also unclear how the Mudman and Jiffy Lube solid waste collection would be included within the pick-up as well as whether turning radiuses can be met with the covered parking that is proposed. As with other aspects of the project, final review of the site design may necessitate modifications in the site layout which could reduce the number of units. g. Streets: The primary street access is from Highway 2 West. The highway is an urban principal arterial, and the frontage should be improved to that standard including, but not necessarily limited to, curb/gutter, landscape boulevard, and an 8- foot concrete sidewalk. A Traffic Impact Study ("TIS") was not submitted by the applicant, but one should be submitted prior to issuance of a building permit and is subject to review and approval by the Public Works Department. Any recommendations from the study should be implemented as part of the project. h. Sidewalks: Sidewalks would fall into two general categories: public and on -site. In terms of public sidewalk, city standards would require an 8-foot concrete sidewalk within the public right-of-way extending across the full frontage of the property to the western property line. The sidewalk needs to tie into the existing sidewalk to the east in a manner to be determined by the Public Works Department. The sidewalk needs to extend through both approaches with the approaches between the sidewalk and the highway to be concrete. As for on -site sidewalks, the zoning ordinance requires a pedestrian connection to the public sidewalk for multi -family dwellings. The layout includes two sidewalks through the main access to the property, but only one connection from the building to the western sidewalk while the eastern sidewalk dead ends. The eastern sidewalk should extend and connect to the sidewalk in front of the apartment building. Also, along the western property line, there is a sidewalk that is part of the fitness loop. That sidewalk should extend along the property line and connect with the public sidewalk along the highway. All sidewalks and trails should be concrete and meet city design standards. 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, 20 students (K-12) would be anticipated from 40 dwelling units. 12 Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires 20,000 square feet of land or the equivalent value of improvements as recreational amenities for the 40-unit development based on a ratio of 500 square feet of usable land per dwelling unit. The plan provides for a fitness center and an on -site trail system with four circuit training stations, as well as a central gathering space in the building. The specific plans for the recreational component will be reviewed during the building permit and site review processes. 4. Neighborhood impacts: Traffic: A Traffic Impact Study ("TIS") was not submitted by the applicant. Based on the number of additional trips generated, Public Works has determined that a 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 is subject to review and approval by the Public Works Department 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 general area is part of a primary commercial corridor for the city. It includes a mix of commercial and office uses including restaurants, bars, hotels, retail, an athletic club, and other general business uses. It is not anticipated that there will be any change in that pattern through this corridor. 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. 13 RECOMMENDATION The staff also recommends that the Kalispell Planning Board adopt staff report #KCU-21-10 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. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director and Architectural Review Committee 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. Water and sewer mains shall be extended within the public right-of-way to the western property line. Valves shall not be placed under the sidewalk. Modifications to the service lines shown on the proposed plans shall be made as part of the building permit and site review process. 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 14 documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 11. 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. 12. The Montana Department of Transportation shall review and approve the access to the property and any required encroachment and utility permits from MDT shall be obtained for any work in the right-of-way. 13. The full frontage on Highway 2 West shall be improved to an urban principal arterial standard including, but not necessarily limited to, curb/gutter, landscape boulevard, and an 8-foot concrete sidewalk. The sidewalk shall tie into the existing sidewalk to the east in a manner to be determined by the Public Works Department. The sidewalk shall extend through both approaches with the approaches between the sidewalk and the highway to be concrete. 14. Pedestrian accesses from the main entrances of the building to the public right-of-way shall be provided, including a connection of the eastern sidewalk along the main entrance to the building as well as a connection along the western property line, if required by the Site Development Review Committee. All sidewalks and trails should be concrete and meet city design standards. 15. Construction of the storm water outlet and other utility work may require a floodplain development permit and related permitting. Any required permitting related to the floodplain, creek, or wetlands shall be obtained prior to construction. 16. Access to the multi -family development shall be designed to meet the provisions of Section 27.20.140 of the zoning ordinance, which requires every building to be constructed to have access to a public street or an approved private street, with safe convenient access for servicing, fire protection, and required off-street parking. 17. Turning radius dimensions in the parking lot shall be designed as shown in Appendix A of the zoning ordinance and address overhangs from the carports as part of the clearance. 18. A minimum of 5% of the total interior parking lot area (excluding any required landscape buffers and general landscaping areas) shall be landscaped. 19. A total of three handicap accessible parking spaces shall be provided in conjunction with the multi -family building in addition to the two spaces provided with the other uses. 20. Support posts for the carports shall need to be accounted for in the design of the parking layout to ensure that each parking space has a minimum nine -foot clear width and that all ADA requirements are met. 15 21. The final design for the Jiffy Lube circulation shall incorporate design elements to eliminate the potential conflicts in the parking area south of the building. 22. The Mudman site shall not include any drive -through or stacking lanes. It also shall not include storage of the mobile vending trailer without providing an appropriate location that does not interfere with required parking spaces or aisles. 23. Setbacks for the carports shall be met based on the final property line configuration. 24. A Geotech report shall be prepared and submitted to be reviewed and approved by the City of Kalispell prior to construction. 25. The boundary line adjustment as well as easements/common facility agreements shall be completed prior to construction. 26. Access to the subject property shall meet fire code as determined by the City of Kalispell Fire Chief. 27. The garbage enclosures shall be redesigned in terms of capacity, location, and access in a manner acceptable to the Kalispell Public Works Department. 28. The final number of units on the property may be less than the 40 proposed once conditions of approval are addressed and the project is reviewed during the building permit and site review process for compliance with city rules and regulations. 16 Kalispell Growth Policy Exhibit - 10/15/2021 The Harper; 1280 Highway 2 West NORTH ® Subject Property Growth Policy - Zones HIGH DENSITY RE Commercial 0 Industrial Urban Mixed Use i High Density Residential Urban Residential Suburban Residential Public/Quasi Public, Openspace Floodway �MINE COM INDIQEE�W 7P W IDAHO ST URBAN MIXED USE No 0 z a 0 uJ HIGH DENSITY RESIDENTIALuJ *, 7Date: 10-15-2021 �,,�,,,, Kalispell Development Services MTCadastral data: 08202021 KALISPELL 0 500 1,000 Feet - The Harper; 1280 Highway 2 West NORTH ® Subject Property g Mailing List Parcels 0 U O Husky St L f, ra e f-- rporate D i lay _z B [I] m I I I Date: 10-15-2021 Kalispell Development Services CITY OF MT Cadastral data: 08202021 KALISPELL o ass 710 Feet Date: 10-14-2021 Kalispell Development Services MtCadastral data: 08202021 KALISPELL 0 500 1,000 Feet Development Services CITY OF Department 2011st Avenue East LISPS Kalispell, MT 59901 Phone (406) 758-794-7940 CONDITIONAL USE PERMIT Email: planning0kalispe1l.com Website: www.kalispell.com Project Name The Harper Property Address 1280 HWY 2, Kalispell, MT NAME OF APPLICANT Briggs Anderson Applicant Phone (406) 203-7992 Applicant Address 2829 Great Northern Loop, Suite 203 City, State, Zip Missoula, MT 59802 Applicant Email Address briggs.anderson@gmail.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD 30 Appleway, LLC Owner Phone I 406-203-7992 Owner Address PO BOX 4445 city, State, Zip Missoula, MT, 59802 1 Owner Email Address briggs.anderson@gmail.com CONSULTANT (ARCHITECTIENGINEER) Hoffmann Morgan & Associates Phone (406) 728-8847 Address 123 N 2nd St W, Suite 1 city, State, Zip Missoula, MT, 59801 Email Address mike@hm-assoc.com POINT OF CONTACT FOR REVIEW COMMENTS Mike Morgan Phone (406) 728-8847 Address 123 N 2nd St W, Suite 1 City, State, Zip Missoula, MT, 59801 Email Address mike@hm-assoc.com List ALL owners (any individual or other entity with an ownership interest in the property): 1330 Cedar, LLC owns the property at 1260 Highway 2 West, which makes up a portion of of the property to be developed. We intend to do a boundary line adjustment to finalize lot lines upon approval of the design and project scope. Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Tract 1, COS 21137, SEC. 12, T28N, R32W, P.M.M., Flathead County, MT M M 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 ci i r car Department KALISPELL Phone 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1. Zoning District and Zoning Classification in which use is propsed: B-2 - General Business 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. Exisiting 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. Refuse/garbage collection and service areas e. Utilities (water, sewer, electric, etc.) 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 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. FTY-09", IMF • • Date 9.29.2021 Development Services crri car Department 201 KALISPELL hone ( Avenue East Kalispell, MT 59901 Phone406)758-7940 APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. *Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 3. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 4. Application fee based on the schedule below, made payable to the City of Kalispell: Single Family (10 or fewer trips per day) Minor Residential $250 (2-4 units or 11-49 trips per day) $300 + $25/unit or every 10 trips Major Residential (5 or more units or 50+ trips per day) $350 + $50/unit or every 10 trips Churches, schools, public/ auasi-public uses Commercial, industrial, medical, golf courses, etc $350 $400 + $50/acre or unit or $.05/sf of leased space over 5,000 sq ft whichever is greater 1"I 123 N. 2nd St W Missoula, Mt 59802 406-728-8847 www.HM-Assoc.com 9/27/2021 Re: The Harper Project Summary The Harper is a 40 unit multifamily project that sits along Spring Creek designed to be in keeping with contemporary Rocky Mountain architecture. We believe that urban infill in the form of multi -family housing is the best way to provide much needed housing while avoiding urban sprawl and preserving Montana's open spaces. Architecture: The Harper's architecture is based on local traditions, drawing inspiration from Montana's alpine environment. Materials such as masonry, stained wood, timber posts and beams, metal, and varieties of colors, compliment the setting. Our three decades of experience in providing over 4,000 units of multi -family housing throughout Montana finds that residents want to live in an environment that supports why they choose Montana as their home. Natural materials, connections with nature, voluminous and light filled spaces, mountain views, along with modern technology and convenient city center locations are the winning combinations for happy long-term residents. This special site and The Harper proudly checks all of these boxes. Amenities: Special amenities are featured at The Harper that support an active and successful lifestyle. A fitness center is available to all residents along with an on -site trail system including four circuit training stations. To serve the rapidly growing work at home lifestyle, a work center in a socially interactive environment will be available exclusively to the residents with individually secured desk stations, a print center, kitchenette, and central gathering space with large monitor for conferencing and entertainment. Page 1 of 4 406 ENGINEERING 358`hStreet East I Kalispell, MT59901 1 406.257.0679 1 www.406engineeringinc.com 10/15/2021 Re: The Harper Project Summary General Protect Description: The Harper is a 40-unit multi -family development which will sit on its own property, but the entire project site consists of three lots total. The two other properties for the project site will consist of an existing restaurant (a.k.a. Mudman) and a new Jiffy Lube. Although, the lots are separate from one another, the overall flow, circulation, aesthetic, and functionality of the Harperwill rely heavily on that of the two other commercial lots. To best define all elements of The Harper, the entire project site as a whole is described throughout this narrative. Traffic Flow and Control: Twelve -foot travel lanes (twenty -four -foot driving width) are provided around the entire property to ensure smooth traffic flow in both directions while navigating the parking area for the three properties. To assist with slowing vehicles, three cross walks have been provided within the parking lot and two cross walks have been provided at the entrances/exits of the site. Appropriate signage will be provided at the cross walks to ensure pedestrian safety. Stop bars and stop signs will be provided at both exits of the site for a safe transition while turning onto Highway 2. Access to and Circulation within the Pro The location is conveniently close to commercial services to minimize reliance on cars and to save on fuel costs. Private storage is available for every tenant to encourage bicycle travel and to save from off - site storage costs. Two entrances and exits have been provided off Highway 2 to offer ease of access in and out of the property. Once vehicles enter through either of the access points, they will have the option to park immediately to their left to access the restaurant or they have the option to continue through the parking area where there is plentiful parking available for The Harper building and the other commercial building. A sidewalk is proposed to be installed along the entire frontage of the properties. Cross walks will be located at both vehicle access points to help ensure pedestrian safety. As pedestrians approach the site from Highway 2, there are two sidewalk entrances into the property. The northeastern entrance is located just off the corner of the existing restaurant. This sidewalk extends along the entire western side of the restaurant to the south where it meets up with the parking area within The Harper property. The other sidewalk entrance is located just southwest of the southwestern vehicle access point. This sidewalk extends all the way from the Highway 2 right-of-way, past the proposed Jiffy Lube and to The Harper. There are three crosswalks located along this sidewalk section to ensure pedestrian safety. Once pedestrians reach The Harper, a sidewalk extends along the entire frontage of the building for easy access to all sections of the apartments. Furthermore, a fitness trail has been included around the entire apartment complex. Off -Street Parking and Loading: For a majority of the site, parking is placed within the central core of the properties which is setback from street frontage and behind fronting commercial buildings on adjacent lots. Portions of the parking Page 2 of 4 sit on the eastern property boundary and a handful of spaces have been provided along the frontage of the lot. The Harper is a 40-unit multi -family development. Per City of Kalispell regulations, 1.5 parking spaces must be provided for each dwelling unit. To meet these requirements, sixty on -site parking spaces are available for residents of the Harper, most of which will be covered for weather protection and for reduced snow removal. Two ADA parking spaces with an access aisle have been included in the parking layout. Eight parking spaces, including one ADA parking space with an access aisle, have been provided for the Jiffy Lube. Furthermore, four maintenance car ports have been included on the interior of the Jiffy Lube. The existing Mudman restaurant will have twenty-three parking spaces available for their use including an ADA parking space with access aisle. Refuse/Garbage and Collection and Service Areas: Four screened trash receptacle areas have been provided throughout the site. Two trash receptacle areas are provided for The Harper. These are located at both ends of the multi -family buildings giving easy access to disposal areas for all tenants of the apartment. A trash receptable area is available for both the new Jiffy Lube and restaurant. Additionally, all screened trash receptacle areas have been placed along the paved areas for easy access during trash pick-up. Other service areas for the properties include the handful of snow storage areas provided throughout the site. Sufficient snow storage has been provided around the entire property to keep the parking spaces, driving aisles, and sidewalks free of snow. Utilities: Water— The City of Kalispell water distribution system will serve the proposed site work. A water main extension is proposed to serve the new Jiffy Lube and The Harper. The existing Mudman building is currently served by the water main which terminates within the Highway 2 Right -of -Way near the eastern property boundary. An 8-inch water main is proposed to be extended within the Highway 2 Right -of -Way from this existing water main stub -out to the western property boundary. The proposed water main will feed the Jiffy Lube with a 1-inch service line and the multi -family housing with a 4-inch service line. An existing fire hydrant sits on the east side of the existing entrance into the property. A new fire hydrant is proposed to be installed at the end of the new water main towards the western property boundary. Sanitary Sewer —The City of Kalispell sanitary sewer collection system will serve the proposed site work. A sewer main extension is proposed to serve the new Jiffy Lube and The Harper. The existing Mudman building is currently served by the 8-inch sewer main which terminates at a manhole within the eastern entrance into the property. An 8-inch sewer main is proposed to be installed from the existing manhole to the proposed manhole within the Highway 2 Right -of -Way in front of the Jiffy Lube. The Jiffy Lube will be served by a 4-inch sewer service and sand/oil separator. The multi -family housing will be served by a 6-inch sewer service. Electrical —An existing power pole sits on the edge of the northwestern property line. Per Flathead Electric, a transformer will be installed at the base of the existing power pole which will feed into a proposed junction box on the eastern face of the Jiffy Lube building. From this junction box, an electrical Page 3 of 4 service will tie into the proposed Jiffy Lube building and the proposed multi -family building. The existing Mudman building is currently served with an electrical service. Gas — An existing gas main runs through the property west to east. This existing gas main feeds the Mudman building. The Jiffy Lube and multi -family housing will not be served by gas, but the gas main must be relocated outside of the proposed Jiffy Lube building footprint and the multi -family building footprint. Screenine and Bufferine: All dwelling units are carefully oriented and buffered to capture mountain views with private balconies and expansive windows. Landscape buffering includes a mixture of indigenous flowering shrubs and both deciduous and coniferous trees, strategically placed to define outdoor space, maximize buffering, to frame views, and to allow for privacy. The Harper is set back from the Highway 2 street frontage for quieter living within its urban center. Appropriately, commercial businesses on separate lots front Highway 2. While these commercial properties are independent from The Harper, together they contribute holistically for buffering and ultimate use of precious land and resources. Signs, Yards, and Other Open Spaces: Other open space areas not described in the Location of Proposed Open Space Uses section of this narrative include landscape islands which are integrated into the parking area for buffering, shading, traffic calming, and beautification. General signage for pedestrian and traffic safety will be included throughout the parking area for the three properties. The existing Mudman burger restaurant sign will remain in place in the front of the building along Highway 2. The Jiffy Lube will also have a sign advertising for their business in front of the building off of Highway 2. Due to the early stages of the project, signage has not yet been designed and will be submitted separately under a sign permit submittal. Hight, Bulk and Location of Structures: The proposed Jiffy Lube building and existing restaurant will both front Highway 2. Both of these commercial buildings are relatively small in size as the existing Mudman building is approximately 2,500- sqft and the proposed Jiffy Lube building is 2,860-sqft. The proposed Jiffy Lube building will be no more than 22-ft tall. Other structures for these two commercial properties will include signage at the front of the buildings. As described in other portions of this narrative, the Harper is a 40-unit multi -family building. This four- story building will have a footprint of approximately 13,440-sqft and a height not exceeding 60-ft. The building will sit at the rear of the project site, offset along the southern property boundary. Location of Proposed Open Space Uses: Outdoor landscaped areas are available for outdoor gathering as well as benches placed for tranquil connections with nature along the shoreline of Spring Creek and overlooking a natural wetland with resident songbirds. These landscaped areas are mainly located around the east, south, and west sides of The Harper. Additional landscaped areas available outside of the two commercial buildings. Hours and Manner of Operation: All three properties will have varying hours of operation. Since The Harper is a residential development, there will be a consistent inflow and outflow of people throughout the day. Majority of the population work a conventional workday/workweek resulting in peak outflow of vehicles between 7:OOam-9:OOam Page 4 of 4 and a peak inflow of vehicles between 4:OOpm-6:OOpm on the weekdays. The restaurant will be open from 11:00 am to 8:00 pm with peak hours between 12:OOpm-1:OOpm and 5:OOpm-7:00 pm. The Jiffy Lube will be open from 8:OOam to 6:OOpm. Four maintenance ports are available within the Jiffy Lube limiting the peak number of customers at one time resulting in a very small and even distribution of customers per hour compared to the other two buildings on the project site. Noise, Light, Dust, Odors, Fumes, Vibration, Glare and Heat: The Harper is set back from its Highway 2 street frontage for quieter living within its urban center. Appropriately, commercial businesses on separate properties will front Highway 2. While these commercial properties are independent from The Harper, together they contribute holistically for buffering and ultimate use of precious land and resources. Exterior lighting is pedestrian in scale with "full cut-off" to eliminate light pollution with zero footcandles within the perimeter property lines. Since most of the property outside of the building footprints will either be paved or landscaped, there is no concern regarding dust pollution on the site. The neighboring properties consist of commercial buildings, restaurants, hotels, and other residential developments, so there are no concerns for existing or additional fumes, odors, vibrations, or glare in the area. Furthermore, because the site is in a relatively urbanized area, the small increase in impervious area for the development of the three properties will not increase heat concerns for this property or surrounding areas. Storm Drainage: Storm water will be managed utilizing curb and gutters which will direct stormwater into the proposed storm drainage system utilizing storm drainage inlets and pipes. The storm drainage system will then be directed into a Contech CDS unit to provide water quality treatment for the entire site. From the Contech CDS unit, stormwater will be routed to an underground detention system which will provide storage for the 2-year, 10-year and 100-year post -developed runoff volumes while also releasing the 2- year, 10-year and 100-year post -developed peak flows at pre -developed rates per City of Kalispell Standards for Design and Construction. Fire/Police: The project site is located within the Kalispell city limits allowing for the use of local law enforcement and Kalispel Fire Department in the event of an emergency. The driving lanes have been designed to allow the circulation of all emergency vehicles such as fire trucks, police cars, and ambulances. The buildings have been designed to minimize the risk of fire. There is one existing fire hydrant for the site located east of the restaurant within the Highway 2 Right -of -Way. As a part of the water main extension, a second fire hydrant is being installed with in the Highway 2 Right -of -Way. These two hydrants will deliver sufficient fire flow to the three structures. Furthermore, The Harper will have a sprinkler fire suppression system which will include a fire department connection on the exterior of the building meeting all fire code regulations. � BA5ETIENT FLOOR PLAN �tiU: a= PY.G I AM 0 PR5T FLOOR PLAN �tIU: W PY.G A1.2 0 PR5T BOOR PLAN �t IU: W PY.G A1.3 0 PR5T BOOR PLAN �t IU: W PY.G A1.4 GRADING NOTES: 7 PROPOSED JI -LURE 2-11 '6BVV r U.S. HIGHWAY 2 STORMWATER DESCRIPTION: m 1u Z 2 C P `/ NEE s l9 ¢� "yo Og a£n ❑ _ o / C 1 CONTECH cos UNIT / ea - w� soRrv—El DIENTION—EM INLI PIPE j mra� Z Q ay pW 3oo z O `y- wI UNDERGROUND 101M—El DIENTION —EM I eee - Z I ¢w a w LEGEND o,TCH --Elm W w e w, ETORnn—ER DErENTIoNTEnn oUnET PIPE �.IiLL --El p m z a y 101M— FL— D111-10N wZ m0 - �F 0 Z /A 0 O P � 3€ 20-0 `zo-oaa—LE 8 1 e? 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Dated: 7 f { 2021 30 Appl Limited Liabilit-Y Partnership By: Briggs Charles And on, Manager Page 1 of 2 LA i IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII 202000034571 Fees: 121 00 1 of 3 Debbie Pierson, Flathead County MT by DD 10/15/2020 :46 PM AND WHEN RECORDED MAIL TO: 30 Applekray, LLC Filed for Record aT Request of: First American Title Company Order No.: 898909-CT Parcel No.: 0135450 FOR VALUE RECEIVED, Deloris Group, LLC Space Above This Line for Recorder's Use Only WARRANTY DEED hereinafter called Grantor(s), do(es) hereby grant, bargain, sell and convey unto 30 Appleway, LLC whose address is: 1280 Highway 2 W, Kalispell, MT 59901 Hereinafter called the Grantee, the following described premises situated in Flathead County, Montana, to -wit: PARCELI: A TRACT OF LAND SITUATED, LYING AND BEING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: TRACT 1 OF CERTIFICATE OF SURVEY NO. 21137. TOGETHER WITH PARCEL'A' OF THE AMENDED PLAT OF LOT 2, PACK ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. PARCEL 2: A TRACT OF LAND SITUATED, LYING AND BEING IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 Page 1 of 3 I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 2 of 3571 Fees: $21.00 10/15/2020 3:46 PM WEST, P.M.M., FLATHEAD COUNTY, MONTANA; THENCE 589016'29"W AND ALONG THE SOUTH BOUNDARY OF THE SOUTHEAST QUARTER OF SAID SECTION 12, 1309.87 FEET; THENCE N00041'21"E 30.00 FEET TO A FOUND IRON PIN WHICH IS THE SOUTHEAST CORNER OF 4B's ADDITION NO. 45 (PLAT OR MAP IS ON FILE AT THE FLATHEAD COUNTY CLERK AND RECORDER'S OFFICE); THENCE CONTINUING N00041'21"E AND ALONG THE EAST BOUNDARY OF SAID 4B's ADDITION NO. 45, 629.91 FEET TO A FOUND IRON PIN AND THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUING N00.°41'21"E 31.31 FEET TO THE NORTHEAST CORNER OF SAID 4B's ADDITION NO. 45 WHICH POINT IS ON THE SOUTHERLY R/W LINE OF U.S. HIGHWAY NO. 2; THENCE N49132'40"E AND ALONG SAID HIGHWAY R/W LINE 13.80 FEET TO A POINT ON THE EAST BOUNDARY OF THE SOUTHWEST QUARTER SOUTHEAST QUARTER OF SAID SECTION 12; AS SHOWN ON CERTIFICATE OF SURVEY NO. 6669; THENCE S00037'03"W AND ALONG SAID EAST BOUNDARY 40.13 FEET TO A FOUND IRON PIN ON THE NORTH BOUNDARY OF THAT TRACT OF LAND OWNED BY JACK CARVER AS SHOWN ON SAID CERTIFICATE OF SURVEY NO. 6669; THENCE S89014'50"W AND ALONG THE NORTH BOUNDARY OF SAID TRACT, 10.45 FEET TO'THE PLACE OF BEGINNING. I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 3 of 3571 Fees: $21.00 10/15/2020 3:46 PM Dated. October , 2020 Deloris Group, LLC By: Name: Craigbenman Title: Member STATE OF Montana ss. COUNTY OF Flathead ) This instrument was acknowledged before me on October 5 . 2020, by Craig Denman, Member of the Deloris Group, LLC. fah_ BRENDASUE.KOCH =oli ,,y , NO -WRY PUBLIC for fhe State of Montana Ski J Residing at Bigfork, tVIT m9 May Commission Expires �OF M January 30, 2023 Notary Public for the State of Montana Residing at: My Commission Expires: