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I1. Brownstone CUPDevelopment 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-22-03 — Brownstone Conditional Use Permit MEETING DATE: January 3, 2023 BACKGROUND: This application regards a request from Mark Gillette for a conditional use permit to allow four (4) multi -family residential units as part of a mixed -use development at 428 First Avenue West in the B-4 (Central Business) zone. The property can be described as Lots 7 and 8 of Block 74 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on December 13, 2022, to consider the request. Staff presented staff report KCU-22-03, 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 11 listed conditions. No public comments were received at the public hearing. The public hearing was closed and a motion was presented to adopt staff report KCU-22-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the 11 conditions. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Mark Gillette, for Conditional Use Permit KCU-22-03, a conditional use permit to allow four (4) multi -family residential units, subject to 11 conditions of approval within the B-4 Zoning District, located at 428 First Avenue West and which can be described as Lots 7 and 8 of Block 74 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: December 13, 2022, Kalispell Planning Board Minutes Staff Report Application Materials and Maps c: 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: Mark Gillette 1063 Silvertip Drive N Bigfork, MT 59911 LEGAL DESCRIPTION: Lots 7 and 8 of Block 74 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. ZONE: B-4, Central Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of a multi -family residential development with up to four dwelling units as part of a mixed -use property located at 428 First Avenue West within the B-4 (Central Business) zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on December 13, 2022, held a public hearing on the application, took public comment and recommended that the application be approved subject to 11 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-22- 03 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the construction of a multi -family residential development with up to four dwelling units as part of a mixed -use property as a conditionally permitted use within the B-4 (Central 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 appropriately 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 prior to issuance of the building permit. 6. 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. 7. 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. 8. Access to the property shall meet fire code as determined by the City of Kalispell Fire Chief. 9. The garbage enclosure shall be sized and placed in a location acceptable to the Kalispell Public Works Department, the Site Development Review Committee, and the Architectural Review Committee. 10. A sidewalk connection from the building to the public right-of-way shall be provided. 11. The applicant shall either aggregate the lots or record a zoning lot determination. Dated this 3rd day of January, 2023. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2023 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 December 13, 2022 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 (chair), Rory Young, Pip Burke, Kevin Aurich, Doug Kauffman, and Joshua Borgardt. Kurt Vomfell was absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Kauffman moved and Aurich seconded a motion to approve the minutes of the October 11, 2022, 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. KCU-22-03 — BROWNSTONE A request from Mark Gillette for a conditional use permit to allow four PROJECT (4) multi -family residential units as part of a mixed -use development at 428 First Avenue West. The property can be described as Lots 7 and 8 of Block 74 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-22-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION — KCU-22-03 Kauffman moved and Aurich seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to conditions in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KCU-22-04 — ABSOLUTE File #KCU-22-04 — A request from Aaron McPherson (Absolute MINISTRIES PROJECT Ministries) for a conditional use permit to allow a group home for up to eight (8) individuals located at 730 1st Ave W. The group home is anticipated to house five (5) individuals as transitional housing as part of a faith -based drug and alcohol rehabilitation program. Individuals in the home would participate in the first phase of the program at a separate location and would have at least four (4) months of continuous sobriety before coming to the home. The property can be described as Lots 8 and Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page I 1 9 of Block 107 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana, excepting therefrom the southerly five (5) feet of Lot 9 when measured parallel with the south boundary thereof. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-22-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham requested more detail on the requirement for approval on the CUP without a license. Sorensen clarified that it is considered a single-family residence and that state and federal laws under fair housing consider addiction to be a disability and cannot discriminate based on disability. Burke asked for clarification on the license requirements and if the home would be run as a business. Sorensen stated that a license was not required by the state since there is not a therapeutic component, and that under zoning, it would be considered residential because people are living there, and would be similar to any house that is for rent. Nygren stated that there have been a number of applications for this type of use that cannot be restricted and that the public hearing process through the conditional use permit starts the dialogue between the applicant and neighbors. Borgardt asked if the CUP carries to the future sale of the property. Sorensen stated that it does run with the land. Young asked if any conditions must be conditions similar to single family residents. Sorensen advised that any conditions could not be more restrictive than any single family residence. PUBLIC HEARING Gary Hall 140 Steppe Lane, Columbia Falls — Mr. Hall has known the applicant for many years and is familiar with the program and its residents. He hopes that the Board will recommend this to Council. Norma Linksy — 725 2nd Ave W — Ms. Linsky has concerns regarding parking, cars hitting her trees, property values, and overflowing garbage cans with the current number of residents. She feels that the decision was made before she had a chance to comment. She also feels that Absolute Ministries is a commercial enterprise. Matt Banks — 725 2nd Ave W — Mr. Banks does not want this facility near his home. He has concerns regarding his property value. He will fight this to the extent that he is capable of doing and feels like it is "kangaroo court" since the decision has been made. He also feels like the applicant went about this surreptitiously and should have contacted the neighbors prior to purchasing the property. Mr. Banks stated that this CUP detracts from the community. Don McPherson — 5410 US Hwy 93 S, Whitefish — Mr. and Mrs. McPherson currently house Absolute Ministries residents and stated that they are interested in changing their previous lifestyle of alcohol or drug abuse. Pastors, churches, and volunteers are constantly working with the Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 12 residents and will continue to do so when they move into the Kalispell house. Residents have jobs and are volunteering. Tony Willetts — 825 2nd Ave W — Mr. Willetts has known the applicant for several years and has witnessed his stringent parameters. He stated that neighbors have to be vigilant and report to the police if there is a situation. Mr. Willetts supports the CUP. Aaron McPherson — 220 Peregrine Whitefish — Mr. McPherson reassures the public that the house will not be an eyesore and that this is not a halfway house. Absolute Ministries is a mentoring program that does not accept violent offenders or sex offenders. His desire is to stand out as a presentable property and a clean home. Residents are highly monitored. He held an open house 2 weeks ago and is happy to meet with anyone on any specific issue. He plans on being a good neighbor. MOTION — KCU-22-03 Kauffman moved and Borgardt seconded a motion that the Kalispell Planning Board adopt staff report #KCU-22-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to conditions in the staff report. BOARD DISCUSSION Borgardt confirmed with Aaron McPherson that no violent or sex offenders are not allowed in the program, and that all occupants are men. Borgardt also requested numbers on the current level of people who go through the program that have not been successful and how many of these men are still in the valley. Mr. McPherson stated that 4 out of 12 men are still in the program and some are in the valley. Aurich asked how many of the men that are currently in the Whitefish house would be eligible to move into the Kalispell house. Mr. McPherson stated that 2 of the existing 4 would be eligible to move into the Kalispell house. Burke commented that there is no clear way for the Board to deny this CUP and that addiction is a part of life and encouraged neighbors to keep an open discussion with McPherson. Graham asked Staff about the trash in the alley; Nygren stated that it's a simple request to Public Works to either assess the users or add an additional container. Graham also asked Staff to clarify if collecting rent is considered a business; Sorensen clarified that collecting rent does not make it a business because the focus is on the underlying use; RA-1 zoning includes group homes. Borgardt shared that he has a defunct halfway house on his street. He bought his house for full book value and has neighbors that have sold their houses at full book. He stated that when homes like this are not managed, things can go awry, and Mr. McPherson is presenting something very different. Kauffman stated that historically there have been numerous groups homes come through the Planning Board, however in each situation, all parties have been involved and have been positive. He recommended that all parties talk things out. Graham commented that the Planning Board, Council, and the City does not have any latitude to deny the CUP and that he is hopeful that the neighbors can communicate with the applicant to address their concerns. ROLL CALL Motion passed unanimously on a roll call vote. AMENDMENT TO WESTSIDE A request has been submitted to include 5th Street West between 5tn PARKING MANAGEMENT ZONE Avenue West and 6th Avenue West within the Westside Parkin Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 13 Management Zone. The Westside Parking Management Zone was established by Ordinance 1759 on August 2015. At that time, it was found that within the vicinity of Flathead High School the demand for curbside parking far exceeds the curbside space available resulting in limited availability of curbside parking for residents, congested streets and compromised roadside safety. Accordingly, residents, students and teachers have to purchase parking permits in order to park on the street within the Parking Management Zone. Ordinance 1759 allows for the amendment of the Parking Management Zone by increasing or reducing the boundary after holding a public hearing before the Kalispell City Planning Board. Requests to be added or removed from the management zone shall be done at the block face level (both sides) of the avenue or street by petition from at least 75% of the property owners. In this case, a petition has been submitted by property owners on the frontage described above to be included in the Parking Management Zone. The petition includes a request to be include within the Parking Management Zone from 6 of the 7 property owners (85%). The area proposed to be included within the Westside Parking Management Zone can be described as the public right-of-way between the southern boundary of Block 176 of Kalispell Addition Number 1 and the northern boundary of Block 177 of Kalispell Addition Number 1, and between the eastern edge of the right- of-way of 6th Avenue and the western edge of the right-of-way for 5th Avenue West. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed the Amendment to Westside Parking Management Zone. Staff recommends that the Kalispell City Planning Board hold a public hearing and take public comment on the proposed Westside Parking Management Zone amendment. If the board feels the request is appropriate, a recommendation to the council for an amendment to Ordinances 1759 and 1817 Exhibits "A" and `B" would be in order. BOARD DISCUSSION None. PUBLIC HEARING Mary -Anne Miller — 546 5th St W — Stated she has concerns for safety due to increase of student drivers and people speeding through the school zone on 5th St W. Ms. Miller is asking to limit the number of cars and traffic. Michelle Paine — Principal, Flathead High School- Ms. Paine stated that ample parking exists on some of the streets within the Parking Zone and would like it to be reevaluated before amending the parking zone. Laurie Lacroix — 477 7th Ave W — Ms. Lacroix feels that the way the student drivers are driving is big public safety issue. She would like something to be done about this. MOTION Kauffman moved and Burke seconded a motion that the Kalispell Planning Board forward a motion to the City Council to amend the West Side Parking Management Zone as identified in Ordinance 1759 per the staff report. BOARD DISCUSSION Graham asked staff if the Parking Zone is not being expanded. Sorensen confirmed that it is not being expanded and that only one side of the street Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 14 is restricted. Also, under the ordinance, 75% of the property owners must sign the petition to be added to the zone. Nygren stated that this zone was drafted so it can be expanded and that it is being monitored by Parking Enforcement. Kauffman stated that the program has been effective since the ordinance was adopted and since there is at least 75% of residents requesting the amendment, he is in support of forwarding to Council. Graham stated that the zone has been successful and will support this amendment. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Nygren updated the board on the upcoming January loth Planning Board Meeting. ADJOURNMENT The meeting adjourned at approximately 7:34pm. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 15 BROWNSTONE CONDITIONAL USE PERMIT — STAFF REPORT #KCU-22-03 KALISPELL PLANNING DEPARTMENT DECEMBER 7, 2022 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Mark Gillette for a conditional use permit for a multi-family/mixed-use residential development. A public hearing has been scheduled before the Planning Board for December 13, 2022, 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 report regards a request from Mark Gillette for a conditional use permit to allow four (4) multi -family residential units as part of a mixed -use development at 428 First Avenue West. A: Applicant: Mark Gillette 1063 Silvertip Drive N Bigfork, MT 59911 B: Location: The property is located at 428 First Avenue West and can be described as Lots 7 and 8 of Block 74 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. C: Existing Land Use and Zoning: The subject property currently contains an office with two apartment units. The zoning of the property is B-4 (Central Business). The B-4 district is a "business district intended to set apart that portion of the city which forms the center for financial, commercial, governmental, professional, and cultural activities. This district is not intended for general application throughout the planning area. This zoning district would typically be found in areas designated as commercial on the Kalispell Growth Policy Future Land Use Map." Multi -family residential is a conditionally permitted use in the district. J7+11� Kalispell Zoning KALISPELL Lots 7 and 8, Block 74 — 42S 1st Ave W a—uetii omre � wi-� Aesoenuei r�men- Parcel mew ram, 0 75 150 300 450 p6t�d c—ty a& Fee[ �v �us�i css, • 6asemap: a.ffimsed, L - I1AQ2Dzx Esn Community Maps, AmMcom D. Size: The subject property is approximately 7000 square feet. E: Adjacent Zoning: North: B-4 East: B-4 South: B-4 West: B-4 F: Adjacent Land Uses: North: Commercial/office East: Commercial/office South: Single-family and multi- family residential West: Single-family Residential/townhouse G: General Land Use Character: The property is in a transitional area between the core downtown commercial uses located less than a block away and older, established residential areas to the west and south. The residential uses include a mix of both single-family and multi -family, with a large apartment building on First Avenue about a half block to the south. 2 I: KalispellPolicy .. 8, BlockAve �r - u�� '� rPublic- �i Public. )pe-Pce D 0 H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Commercial. While rezoning the property is not necessary for this project, 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. Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95 (Elrod Elementary/Flathead High School) Fire: City of Kalispell Police: City of Kalispell 3 EVALUATION OF THE CONDITIONAL USE PERNHT 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 allow a multi -family residential development with up to four dwelling units as part of a mixed -use property (the existing office portion of the building would remain and the four dwelling units would replace the two currently on the property). The units would be in one two-story building and the site would include parking, landscaping, and a courtyard. The proposed elevations and layout are shown below. 4 Rear/Courtyard Vie Proposed Site Plan (Top)/Existim Site Plan (Bottom) egn .A, 5 1. Site Suitability: a. Adequate Useable Space: The subject property is approximately 7000 square feet. The majority of the project site is relatively flat with no significant impediments. Design standards in the zoning ordinance would apply setbacks and lot coverage standards. In the B-4 zone, there are no minimum setbacks or maximum lot coverage requirements. Parking design will be reviewed as part of the building permit and site review process to ensure compliance with the zoning ordinance. The overall property contains two 25-foot-wide lots. The applicant will need to either aggregate the lots or record a zoning lot determination to ensure that the lots are not sold separately as well as address zoning, building, and fire code issues related to the interior lot line. b. Height, bulk and location of the building: As there are no setback or lot coverage requirements, the proposal would meet those standards applicable in this zone. The B-4 zone also limits the maximum height to 60 feet and the proposed buildings are two stories tall, which would be well under the allowable height. Verification of all these standards would occur during building permit review and site review. C. Adequate Access: The primary frontage of the property is First Avenue West which would have a pedestrian access, although the vehicular access would be off of the alley. First Avenue is an existing city street which connects with the overall transportation system. Based on the type of use and projected number of trips generated, a Traffic Impact Study ("TIS") is not required. d. Environmental Constraints: There are no known environmental constraints, such as 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: Under Section 27.24.040(6)(c), there is a parking district in the downtown area which has no minimum parking requirements for any use. This property falls within that district. In general, the off-street parking requirement for multi -family dwellings is 1.5 parking spaces per unit. Additionally, the office would generally have one parking space per 300 gross square feet. Any parking spaces provided at this location, however, would be voluntary and about five will be provided, including a handicap accessible space. The parking may include a covered carport. Site review will review the parking design as part of the building permit process. 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. 10 Traffic Circulation: As noted above, the primary vehicular access for about five parking spaces will be off of the alley. The parking area will need to be designed to meet city standards. d. Open Space: There are no specific open space requirements, although an open common courtyard is provided. Under the zoning ordinance, 500 square feet of land with recreational value per unit or the equivalent value in amenities for multi -family dwellings with five or more units. Since this development only includes four units, no recreational amenities will be required. Fencin Screenin andscaping: The plan provides for a minimal amount of landscaping. Parking areas with ten or more spaces have landscaping requirements, which would not apply in this instance, and there are no specific buffering requirements. The landscape plan shall be approved by the Parks and Recreation Department as well as the Architectural Review Committee prior to issuance of the building permit. f. Sig_nage: 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: 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 adequate access to the property from the public road system. The building will be constructed to meet current building and fire safety code standards. Station 61 is approximately two blocks from the subject property giving good response time. Water: City water is available in First Avenue West and currently serves the property. The proposed use will continue to have access to water, although changes to the service may require payment of a water impact fee at the time of building permit. Any additional hydrant(s), if necessary, will be determined by the Fire Chief. d. Sewer: There is an existing sewer main in the alley that currently serves the property. The proposed use will continue to have access to sewer. An additional sewer impact fee for the additional units would be required at the time of building permit. Storm Water Drainage: There are city storm drainage facilities in the right-of-way adjacent to the property. 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. Prior to building permit issuance, any garbage location and/or enclosure will need to be approved by Public Works as well as the Architectural and Site Review Committees. g. Streets: The development would front on First Avenue West. The street is already developed to the appropriate standard. No right-of-way improvements are required other restoring the sidewalk, boulevard, and curb in front of the building as part of the removal of an existing curb cut for the driveway currently at the site. h. Sidewalks: The zoning ordinance requires a pedestrian connection to the public sidewalk for multi -family dwellings. A connection to the existing public sidewalk is provided from the front doors. Consideration should also be given to providing a sidewalk connection from the public sidewalk to the office in the back of the property if possible. Schools: This site is within the boundaries of School District 95. A limited impact to the district may be anticipated from the proposed development depending on the demographics of the residents. On average, two students (K-12) would be anticipated from four dwelling units. Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires 0.36 acres of land or the equivalent value of improvements as recreational amenities for multi -family dwellings with five or more units. Since only four units are proposed, no recreational amenities or open space would be required, although the submitted plan includes a shared open courtyard at the rear of the building. 4. Neighborhood impacts: a. Traffic: Based on the type of use and projected number of trips generated, a Traffic Impact Study ("TIS") is not required. Traffic would access the property via the alley and connect to Fourth and Fifth Streets West. 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 will increase the amount of noise, the expected level would be consistent with the surrounding neighborhood and the net increase from the existing use is only two units given the two existing units that are being replaced. Dust, Glare, and Heat: The use of the property as 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. The office, which is not subject to this conditional use permit, would have limited hours consistent with office use. 5. Consideration of historical use patterns and recent changes: The general area transitions from the core downtown commercial uses located less than a block away and established residential areas to the west and south which were part of the early development of the city. The residential uses include a mix of both single-family and multi -family, with a large apartment building on First Avenue about a half block to the south. A small multi -family dwelling with four units fits within the historic and projected growth patterns in the area. 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 with the redevelopment of this property. 7. Impact on surrounding area: After considering the foregoing review criteria, it is found that the proposed use conforms to the requirements set forth in Chapter 27 of the Kalispell Zoning Ordinance. Furthermore, the application of generally applicable design standards and the conditions of approval provided for herein ensure that the proposed use of the property will have no more adverse effect on the health, safety, or comfort of persons living or working in the area and will be no more injurious, economically, or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-22-03 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. 9 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 appropriately 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 prior to issuance of the building permit. 6. 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. 7. 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. 8. Access to the property shall meet fire code as determined by the City of Kalispell Fire Chief. 9. The garbage enclosure shall be sized and placed in a location acceptable to the Kalispell Public Works Department, the Site Development Review Committee, and the Architectural Review Committee. 10. A sidewalk connection from the building to the public right-of-way shall be provided. 11. The applicant shall either aggregate the lots or record a zoning lot determination. 10 Development Services C I'Y Ot' Department 201 1st Avenue East ]LIISPELI[a Kalispell, MT 59901 Phone [406] 758.7940 CONDITIONAL USE PERMIT Email: p'anningftakalisaell.com Website: www.kaliscedi.com Project Name Property Address Brig A) n 5* h P� 142-9sf NAME OF APPLICANT Applicant Phone Applicant Address Cit State Zip Applicant Email Address ++ I� 1 l f e— 4 P1 It not cuAAt owner, please attach a letter from the current owner authorizing the applicant to proceed with the application_ OWNER OF RECORD Owner Phone 4 ✓a —Owner Address City, State, Zip Owner Email Address CONSULTANT (ARC HITECTIENGINEER) Phone Address City, State, Zip Y Email Address POINT OF CONTACT FOR REVIEW COMMENTS Phone Address City, State, Zip �— Email Address List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): a," S docK,-2 a. its - � 0 Please initial here indicating that you have verif led 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 cr1 Y o�+ Department KALISPELL Phone 1st Avenue East Kalispell, MT 59901 phone (406) 75&7940 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 b. Dimensions and shape of lot c. Topographic features of lot d. Size(s) and location(s) of existing buildings e. Sixe(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, screenng, fenc;ng, open space & signage i. Exisiting and proposed parking, loading, lighting & traffic circulation j. Exishing and proposed garbage collection, streets & utilities k. Floodpla!n if applicable 1. 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. Refuselgarbage 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 S. Attach supplemental information for proposed uses that have additional requirements (consult Planner) I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and Inspection during the approval and development process. K Data Development Services clrx oe Department KALI S IL 241 Avenue East Kalispell, Mr 59901 Phone (406)(AObt756-7940 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 110 or fewer trips per day) $250 Minor Residential (2.4 units or 11-49 trips per day) $300 + $251unit or every 10 trips Major Residential (5 or more units or 50+ trips per day) $350 + $501unit or every 10 trips Churches, schools, public/ quasi -public uses $350 Commercial, industrial, $400 + $501acre medical, golf courses, etc or unit or 3.051sf of leased space over 5,000 sq ft whichever is greater JA J 4 Z 2 � 3 T-1 00 LP J k � J Ol x S 2 J I, Z I� / r Z 7-Z ¢ g- M io d� i'I 1i_I yl_ =1 1=1 1=1 I- -1 - -- -I = i ILI I I tip, IIJ � G � � J IC�1Il�l �'77� ,� _ 'k- r :.., � u �V� � ®_ � � �:, . i �� ' 1 dJ�:c -�—' � r -.i V -71% I -A ji „L/ t,,,,�,' i,. � KALISPELL 0 Subject Parcel B-4 Central Business R-5 Residential/Professional Office RA-1 Residential Apartment RA-2 Residential Apartment 1111 � a 'RA-2 Residential. Apartment/Office ,— RA- 1-- Residential A —art ment ad High hool Data Sources: Kalispell Zoning Lots 7 and 8. Block 74 — 428 1st Ave W -4 Centra Business, Subject Parcel l 93 Montana Cadastral, 0 75 150 300 450 Flathead County GIs. • Feet City of Kalispell GIs, Basemap: Austin Bachurski - 11/16/2022 Esri Community Maps, ArcGlS.com CITY OF Kalispell Growth Policy KALISPELL Lots 7 and 8, Block 74 — 428 1st Ave W ,th High D ne sity Urban s Residential � Urban � Res dential Data Sources: Montana Cadastral, Flathead County GIs. City of Kalispell GIs, Austin Bachurski - 11/16/2022 0 Subject Parcel Commercial Urban Mixed Use High Density Residential Urban Residential Public/Quasi Public, Openspace al Subject Parcel 0 75 150 300 450 1818 • Feet Basemap: Esri Community Maps, ArcGIS.com CITY OF 428 1st Ave W ® Subject Parcel 0 Mailing List Parcels KALISPELL 0 Other Parcels N � N N R N_ N 05 ✓ fl. r 5th St 5 pp L L N (D Data Sources: Montana Cadastral, N 0 45 90 180 270 Flathead County GIs. Feet City of Kalispell GIs, Basemap: Austin Bachurski - 11/16/2022 Esri Community Maps, ArCGIS.com