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7. Conditional Use Permit - Charles E KellerTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@cents rytel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and. City Council FROM: Thomas R. Jentz, Director Chris A. Kukulski, City Manager SUBJECT Charles Keller Cluster Housing Conditional Use Permit MEETING DATE: October 6, 2003 BACKGROUND: This is a request by Charles E. Keller for a conditional use permit to allow the construction of a four-plex apartment building on property zoned R-3, Urban Single - Family Residential located on the southeast corner of Grandview Drive and US Highway 93 in Kalispell. The property is presently vacant. Access will be onto Harrison Boulevard via a private easement. The applicant will use the cluster provisions of the zone to shift the allowable single-family density of one unit /7,000 sq. ft. to a four -plea design on an approximate 33,700 sq. ft. lot The Kalispell Planning Board held a public hearing on September 9, 2003 on this issue. At the public hearing the applicant's representative spoke in favor of the project. There were no other comments from the public. After the public hearing the board discussed the request at length agreeing that the project was well designed internally but agreeing with staff that the access issue was critical. The planning board did affirm that requiring land in addition to the applicants existing easement may stop the project, however it was generally agreed that the existing 20-foot easement was inadequate and that at least a minimum 30-foot easement access was needed into the site to safely serve the project. Additionally, the board encouraged the applicant and the city to work together to re -locate (shift) the city utility easement site which contains the lift station so as to give the applicant a better access option and to further segregate public contact with the utility site for safety and security purposes. On a roll call vote of S - 1 with one abstention., a motion passed to recommend approval of the conditional use permit with 8 conditions as proposed by staff which are attached. Please schedule this matter for the October 6, 2003 regular city council meeting. You may contact this Board or Tom Jentz at the Tri-City Planning Office if you have any questions regarding this matter. RECOMMENDATION: A motion to accept staff report KPP-03-4 as findings of fact and grant the conditional use permit for the four -unit cluster development subject to the recommended conditions would be in order. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Charles Keller Cluster Development Conditional Use Permit September 25, 2003 Page 2 of 2 FISCAL EFFECTS; Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Thomas R. Jentz Chris A. Kukulski Director City Manager Report compiled: September 25, 2003 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KCU03-4 and application materials Draft minutes from 9/9/03 planning board meeting TRANSMIT\KALI SPEL\ 2003 \KCIJ03-4MEMOO City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Charles E. Keller 2431 Highway 2 East Kalispell, MT 59901 Jackola Engineering and Architecture PO Box 1134 Kalispell, MT 59903 LEGAL DESCRIPTION: Assessor's Tract 2DCC located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Urban Single Family Residential, R-3 The applicant has applied to the City of Kalispell for a conditional use permit to allow a four- plex unit to be built on approximately 33,700 square feet in an R-3, Urban Single Family Residential zone, using the clustering provision of the Zoning Regulations. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on September 9, 2003, held a public hearing on the application, took public comment and recommended that the application be approved subject to eight conditions. After reviewing the application, the record, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office, Conditional Use Report #KCU-03-4 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 four-plex unit in a R-3, Urban Single Family Residential zoning district subject to the following conditions: 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be met prior to occupancy of the apartment building. 2. That the parking lot be designed to meet the parking requirements and that landscaping of the site be coordinated with the City Parks and Recreation Department. 3. The proposal shall comply with the Kalispell Design and Construction Standards for water, sewer, storm drainage, and other applicable facilities which shall be approved by the City Engineer prior to the issuance of a building permit. 4. The fire access and suppression system with regard to the location of the buildings, number and placement of fire hydrants as well as related construction be reviewed and approved by the Kalispell Fire Department. 5. The primary access road to the site from a public (city) street shall be a minimum of 30 feet wide. This access road shall accommodate a 24-foot wide paved travel surface, storm water management and snow storage/removal and offer an area for pedestrian access. 6. The applicant shall submit to the public works director all plans to place some or all of the access road on the city's utility lot. The City Public Works Director shall approve all designs prior to construction. It is the strong desire of the city to locate the access road off of the city utility site and is willing to entertain trading land with the applicant to assist in this effort. 7. Prior to construction of the units, the applicant shall cause the project to be platted as a townhouse project to comply with the zoning administrator's interpretation that the cluster provision limits the use of the site to single family detached, semi-detached and attached residences. In addition, the dwelling units shall be built to townhouse standards. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this 6th day of October, 2003. STATE OF MONTANA : ss County of Flathead Pamela B. Kennedy Mayor On this day of , 2003 before me, a Notary Public, personally appeared Pamela B. Kennedy, 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 she 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 Residing at Kalispell, Montana My Commission Expires Tri-City Planning Office 17 Second Street East — Suite 21 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity( centurytel.net www.tricityplanning-mt.com September 25, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Charles Keller 4-Unit Cluster - Conditional Use Permit Dear Chris: The Kalispell City Planning Board met on September 9, 2003, and held a public hearing to consider a request by Charles E. Keller for a conditional use permit to allow the construction of a four-plex apartment building on property zoned R-3, Urban Single -Family Residential located on the southeast corner of Grandview Drive and US Highway 93 in Kalispell. The property is presently vacant. Access will be onto Harrison Boulevard via a private easement. The applicant will use the cluster provisions of the zone to shift the allowable single-family density of one unit /7,000 sq. ft. to a four-plex design on an approximate 33,700 sq. ft. lot Tom Jentz of the Tri-City Planning Office presented staff report KCU-03-4, evaluating the proposed zoning. Staff recommended approval based on 8 conditions. At the public hearing the applicant's representative spoke in favor of the project. There were no other comments from the public. After the public hearing the board discussed the request at length agreeing that the project was well designed internally but agreeing with staff that the access issue was critical. The planning board did affirm that requiring land in addition to the applicants existing easement may stop the project, it was generally agreed that a wider access road was needed into the site. Additionally, the board encouraged the applicant and the city to work together to re -locate (shift) the city utility easement site which contains the lift station so as to give the applicant a better access option and to further segregate public contact with the utility site for safety and security purposes. On a roll call vote of 5 - 1 with one abstention, a motion passed to recommend approval of the conditional use permit with 8 conditions as proposed by staff which are attached. Please schedule this matter for the October 6, 2003 regular city council meeting. You may contact this Board or Tom Jentz at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Columbia Fails • City of Kalispell • City of Whitefish • Charles Keller Cluster Conditional Use Permit September 25, 2003 Page 2 of 3 Sincerely, Kalispell City Planning Board rge aylor President GT/ TRJ / sm Attachments: Attachment A .... conditions of approval Staff report KCU-03-4 and application. materials Draft minutes 9/9/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Charles Keller, 2431 Highway 2 E., Kalispell, MT 59901 Jackola Engineering and Architecture, P.Q. Box 1134, Kalispell., MT 59901 TRANS MIT/ KALISPELL/ 2003 / KCU03-4. DO C Charles Keller Cluster Conditional Use Permit September 25, 2003 Page 3 of 3 ATTACHMENT A CHARLES KELLER CLUSTER DEVELOPMENT - #KCU-03-4 CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD SEPTEMBER 9, 2003 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced conditional use permit. A public hearing was held on this matter at the September 9, 2003 planning board meeting: 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be met prior to occupancy of the apartment building. 2. That the parking lot be designed to meet the parking requirements and that landscaping of the lot be coordinated with the City Parks and Recreation Department. 3. The proposal shall comply with the Kalispell Design and Construction Standards for water, water, storm drainage, and other applicable facilities that shall be approved by the City Engineer prior to the issuance of a building permit. 4. The fire access and suppression system with regard to the location of the buildings, number and placement of fire hydrants as well as related construction be reviewed and approved by the Kalispell Fire Department. 5. The primary access road to the site from a public (city) street shall be a minimum of 30 feet wide. This access road shall accommodate a 24-foot wide paved travel surface, storm water management and snow storage/removal and offer an area for pedestrian access. 6. The applicant shall submit to the public works director all plans to place some or all of the access road on the city's utility lot. The City Public Works Director shall approve all designs prior to construction. It is the strong desire of the city to locate the access road off of the city utility site and is willing to entertain trading land with the applicant to assist in this effort. 7. Prior to construction of the units, the applicant shall cause the project to be platted as a townhouse project to comply with the zoning administrators interpretation that the cluster provision limits the use of the site to single family detached, semi- detached and attached residences. In addition, the dwelling units shall be built to townhouse standards. 8. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. way south Woodland could be connected with Willow Glen. Jentz answered that any such access would have to be 60 feet wide and there were no plans to develop Lot 7 yet. The Hagen's live on lot 7 to the east. Hinchey asked if Lot 7 of River Glen could be turned 90 degrees and front on the new road extending east to Hagen's Lot 7 instead of being lost. Jentz answered yes. Hinchey and Taylor also stated that they support the gridded system for the roadway. Norton asked Rena Hagen if the road would be beneficial for her in the future. Hagen answered yes, that she had spoken with Narda Wilson some time ago, but that all of the property owners did not want to participate at that time. She stated that it would be nice to have the access for future development. Hinchey asked if it was necessary that this developer take the sewer and water to the abutting property, and don't they already come down Willow Glen? Jentz answered that neither sewer nor water abut the property on Willow Glen. Additionally, he said looping of water is good where ever it can occur. MOTION (CONDITION 21) Atkinson moved and Hinchey seconded that the right of way for the River Glen Subdivision access road be extended to the furthest eastern boundary of the property, but that the improved portion of the additional proposed city street need not have to run to the eastern boundary only provide access to the abutting; lots. ROLL CALL The amended motion passed 5-1 with Anderson voting against and Johnson being recused. ROLL CALL The original motion passed unanimously on a roll call vote and Johnson being recused. KELLER CONDITIONAL USE A request by Charles E. Keller for a conditional use permit to i'ERMIT REQUEST allow the construction of a four -plea on property zoned R-3, Urban Single Family Residential located on the southeast corner of Grandview Drive and US Highway 93 in Kalispell. STAFF REPORT Tom Jentz, with the Tri-City Planning Office, gave a KCU-03-4 presentation of staff report KCU-03-4, a request for a I conditional use permit to allow the construction of a four - Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 4 of 10 PUBLIC HEARING plea on property zoned R-3, Urban Single Family Residential located on the southeast corner of Grandview Drive and US Highway 93 in Kalispell. Johnson rejoined the meeting. Jentz showed a site plan of the proposed development and explained some of the topography and challenges with the site. He said the applicants are requesting a CUP in an R-3 zone using a provision called clustering. The applicants have 33,000 square feet in the property; therefore they can cluster 4 units and leave the rest in open space. Jentz stated that the units roust be single family in nature and will be required to be town homes because as interpreted by the zoning administrator the R-3 is a single family zone. Jentz explained some of the design elements and said that the site is well laid out but that the limiting factor is in the access. He said that the applicants propose to tuck the townhouses into the hillside with carports in the front and 12 parking spaces on site. There are several 4-plex projects close by in the neighborhood. The rest of the area on -site would be open space with landscaping. He said the subdivision would have access to all municipal services. Jentz explained the access issue and said that this is a remnant piece of property, the last piece in the .neighborhood to be developed. While is abuts both Hwy 93 and Grandview Drive it has no access because of MDT access restrictions. There is also a city utility site that contains the north Kalispell sewer lift station, a generator and a natural gas blow off valve. The project has a 20 foot easement through the middle of this site. Additionally, only a 20 foot easement straddling two city side lot lines for a distance of 182 feet out to Harrison provides the e remainder of the access. The size and location of the access is a dilemma. Jentz said that staff is concerned that the 20 foot access out to Harrison is not wide enough to develop a 20 foot paved surface, provide for pedestrians and accommodate storm water and snow. Staff recommends that a 30 foot right of way would be workable but will be difficult to get due to location of the houses on adjoining lots 32 and 33. Jentz stated that another issue is that the lift station will be rebuilt, and the city may be interested in a land trade with the applicant to better locate this site. The public hearing was opened to those who wished to speak on the issue. I, APPLICANTS/AGENCIES [ Thor Jackola, Jackola Engineering, feels that the storm Kalispell City Planning .Board Minutes of the meeting of September 9, 2003 Page 5 of 10 water could be handled on the site by running the grade of the road properly. He said that they would be open to any discussion about the sewer lift station relocating and that this 4-plex site is now an eyesore and they are anxious to eliminate it and improve this corner of the community. an eyesore at that corner. He stated that they have attempted to communicate with the property owners to the south (Lot 32) to see if they could purchase additional R/W, but that they were non -responsive. PUBLIC COMMENT No one else wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KCU-03-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed E conditional use permit be approved subject to 8 conditions. BOARD DISCUSSION Taylor asked how feasible it would be to get a 30 foot right of way from Lots 32 and 33 and would there have to be a condemnation proceeding of some of that property. Jentz answered the applicant is a private party, so condemnation is not an option. The applicant would have to buy the property from the adjoining owners. Jentz stated that this condition could prohibit the project from proceeding to construction. Taylor also asked about the city sewage lift station. Jentz answered there could be some flexibility when the station is expanded and that the city could re -position the lift station within the city utility lot or negotiate with the applicant and move it to a more protected or reserved corner of the site through a land trade. Staff does not know what the actual design is yet. Norton. asked Jackola how they had contacted the property owners to the south, and if they are out of state owners. He j asked if they had tried contacting the owners to the north. Jackola said that they used certified mail twice for the southerly lot owner ##32 with no response and that the neighbors to the north just put up a nice fence and they are j not trying to agitate the neighborhood. I Norton also stated he is concerned with the access and he can envision someone sliding off the road into the generator or the lift station. f Kalispell City Planning Board Minutes of the meeting of September 9, 2003 Page 6 of 10 Jentz stated that the city components can be worked out, but that the city easement is only 20 feet and the owners world be hard pressed to get more from the city due to the location of existing utilities on this site. Atkinson asked about the 20 foot easement shown on the site plan and how far south Lot 32 goes. Jentz pointed to the footprint of an existing four plex to the immediate south of lot 32 stating that an access on the south side of lot 32 was not viable. Atkinson stated it was a neat design and a good looking project and it would clean up the corner, but there is no way to allow access of only 20 feet. He said that a single family or duplex unit is really the only option. Taylor asked Jentz if the 30 foot access was a deal breaker. Jentz stated they probably could not do the project if they could not get 30 feet; however, the applicant still has an option in working with lot 32. Hull stated that he feels the project would be too dense for the access and not good for the neighborhood. Atkinson stated that the road width would have to be a minimum of 20 feet and you'd have to have more than 20 feet of surface to pave. He feels that staff asking for 30 feet is reasonable and it is the bare minimum of what we can do. Norton agreed with Atkinson. ROLL CALL The motion carried on a 5-1 vote with Johnson abstaining and Hull voting against. NOLAN HOLDINGS, LLC I A request by Nolan Holdings, LLC for an initial. zoning INITIAL ZONING UPON designation of R-4, Two Family Residential, on approximately ANNEXATION 4 acres located on the southwest corner of the intersection of US Highway 93 and Four Mile Drive, upon annexation to the City of Kalispell. STAFF REPORT XA-03-I5 Tom Jentz, with the Tri-City Planning Office, gave a presentation of Staff Report KA-03-16, a request by Nolan Holdings, LLC for initial zoning of R-4, Two Family Residential, on approximately 4 acres located on the southwest corner of the intersection of US Highway 93 and Four Mile Drive, upon annexation to the City of Kalispell. Jentz showed the site plan noting that the youth sports complex to the north and F VCC is across US 93 to the northeast. Jentz said that zoning is a mixture of uses in this Kalispell City Planning Board Minutes of the meeting of September 9, 2003- Page 7 of 10 CHARLES KELLER 4 UNIT CLUSTER REQUEST FOR CONDITIONAL USE PERMIT TRI-CITY PLANNING OFFICE REPORT #KCU-03-4 SEPTEMBER 2, 2003 A report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to construct a four -unit cluster housing development in an R-3 residential. zone. A public hearing to review this request has been scheduled before the planning board on September 9, 2003, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION: A. Petitioner/ Owner: Charles E. Keller 2431 Hwy 2E Kalispell, MT 59901 (405) 7 52-0123 Jackola Engineering and Architecture P.O. Box 1134 Kalispell, MT 59901 (406) 755-3208 B. Summary of Request: The applicant is requesting a conditional use permit to allow the construction of a four -unit residential cluster complex in an R-3, Urban Single Family Residential District. Cluster development is allowed through the granting of a conditional use permit. The cluster provision of the code allows an owner to group together the allowable density of a lot and leave the remaining area as open. space. A project must contain at least 21,000 square feet (1 / 2 acre) to qualify for the cluster provision. Density is determined based on dividing the minimum lot size (in the case of the R-3 zone that is 7,000 square feet) into the net area of the lot. The applicant has 33,700 square feet, thus the lot can accommodate 4.8 residential lots or more accurately, 4 dwelling units. The footprint of the building is approximately 40 feet by 90 feet and will be two- story with a daylight basement design. Carports are being considered in the front (north side). Approximately 12 parking spaces will be provided. Access will be by a private 20 foot wide easement off of Harrison.. The easement straddles the side lot lines of Lots 32 and 33 of Parkview Terrace and generally bisects a City utility lot (Tract 2DCB) that contains the north sewer lift station, back-up generator and a natural gas blow -off valve. C. Size and Location: This parcel contains approximately 33,700 square feet and is located at the southeast corner of US 93 North and Grandview Drive. While the property abuts both US 93 and Grandview Drive, restricted access along both roads prohibits direct access. A private easement extending easterly across a city utility lot and straddling the side lot lines of lots 32 and 33 provides access out to Harrison Blvd. The property can be described as Assessor's Tract 21DCC located. in Section 1, Township 28 North, Range 22 West, P.M.M, Flathead County, 1 Montana. D. Existing Land Use and Zoning: This property currently contains a vacant older garage/shed on the east side of the tract. The remainder of the property is vacant. The lot is a remnant piece left over from the development of Parkview Terrace to the east, several townhouse projects to the south and southeast and highway R/W fill activities with the widening of US 93 and Grandview Drive. The property is zoned R-3 Urban Single family residential with a minimum lot size of 7,000 square feet. Cluster housing allows the potential density of the site to be grouped together. As is the case here, the applicants are proposing a 4-plex project on the 33,700 square foot site. Note that the Kalispell zoning administer has interpreted the zoning ordinance to state that the uses allowed under the clustering provision of the zoning ordinance are limited to the permitted uses in the particular zone. Ther6JOre, because the R-3 zone only permits single family residences, the applicants will be limited to clustering single family residences together. It is his decision that multi -family is not an allowable use in the R-3 zone, therefore the only design option the applicants have is grouping the 4 units together as a townhouse project built to townhouse standards. This will require- that', if the project is to proceed, the applicants will also have to file a subdivision plat and comply with the construction standards as they apply to townhouse construction. E. Surrounding Zoning and Land Uses Zoning: The property lies in an area of mixed uses and zoning. The site is generally isolated by topography lying well below the grades of US 93 and Grandview Drive which form the west and north boundaries respectively. The northeast corner of the site abuts a city utility lot (sewer lift station, generator, etc.). To the east lies single family residences, to the southeast and immediate south lie several townhouses primarily 4-plex in nature. Across Grandview to the northeast lies the Flathead Valley Community College. F, North: City R-1 Flathead Valley Community College East: City utility substation and singe family residences. R-3 zoning South: Townhouse complexes, R-3 zoning. West: The Greenery - County SAG-10 zoning G. Growth Policy Plan Designation: The Kalispell City Growth Policy designates this area as Urban Residential and anticipates 3 - 12 dwelling units per acres. The proposed project is in general compliance with the land use designation of the Growth Policy map and furthers the goals of the Growth Policy by providing for a diversity of housing needs in the community and utilizes inf11 where utilities already exist. H. Utilities/Servi.ces: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwest Energy Company 2 Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell EVALUATION OF THE REQUEST The application is reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: Adequate Useable Space: The minimum area for a cluster project is 21,000 square feet. The site contains 33,700 square feet. Based on a density of 1 dwelling unit per 7,000 square feet, four units are allowed. The building floor plan consumes 3600 square feet or 11% of the site. The R-3 zone has a maximum lot coverage of 40% thus the project is well within standards. Travel lanes and parking consumes an additional 5,400 square feet or 16% of the site. The remaining 73% of the site is in open space. The south portion of the lot contains 25% slopes and is unusable for practical purposes. However, the northern half of the site is level and intended for open space uses. In conclusion, the site has adequate area for open space uses, parking, access lanes and building footprint. Adequate.. Access: Access to the site is problematic. Both US 93 along the western boundary of the site and Grandview Drive, a city street along the north side of the site, have restricted access provision which do not allow direct access for this lot due to the topography limitations of the site and the presence of the stop light at Grandview and 93. The only existing access is via a 20 foot private easement extending from Harrison Blvd. The easement follows the common side lot line of lots 32 and 33 a distance of 182 feet. At that point, the easement reaches a 50 foot wide city utility lot which contains the north city sewer lift station and generator as well as a natural gas pipeline blow -off valve. The easement is undescribed at this point but does allow access across the 50 foot wide utility lot. At that point the access enters the applicant's property and would extend to the project. City staff has struggled with the adequacy of this access. The uniform fire code requires a minimum 20 foot wide all weather access to the property as a minimum fire access to the structure. The city's subdivision code calls out a minimum 60 foot -vide RJW when addressing multiple lots and does not address a lesser standard. This project is somewhat of a hybrid in that units are clustered together into a single lot project and the lot is for all practical purposes land locked except for the existing 20 foot easement Unfortunately, a 20 foot wide easement can not realistically accommodate a 20 foot paved road for a distance of 202 feet and reasonablely accommodate storm water drainage, snow removal and pedestrian access. The issue becomes more restrictive if the lot owners of lots 32 and 33 build fences at the easement line (on of which already partially exists) thus truly restricting the access to the 20 foot easement. Site review did recommend that the minimum width for the 4-plex, from a 3 practical standpoint would be a 30 foot easement. This easement would then address the development of a minimum 24 foot travel way (minimum travel width for a parking lot travel lane in the city), drainage and snow removal and possible offer a safe place for a pedestrian to step off of the travel surface if they are walking. Note, there are no pedestrian facilities on Harrison Blvd. It appears that the applicant has very limited options to acquire the 30 foot easement. Staff will discuss two below. First, he could work to widen the easement along the same route or secondly, he could modify the rotue into the property. Both lots 32 and 33 have existing houses which are located reasonable close to the proposed access road. The southerly lot 32 residence lies within. 12 feet of the access easement. The northerly residence on lot lies with 18 feet of the easement. The applicant could negotiate an additional width form one or both of these parties. Then, the applicant would have to negotiate with the city to acquire a wider easement across their utility lot. Note that the city staff already has great concerns with traffic through this lot because of the presence of the existing utilities. The second option, which is more costly would involve acquiring some or all of lot 32 to the south and then swinging the access road to the south of the city utility lot missing it all together. Lot 32 is presently being used as a rental house. Environmental Constraints: The site rises steeply to the south.. The applicants would use this feature to build a day light basement foundation design_ The remainder of the site over 20% in slope would remain untouched. The reset of the private land is level and easily accessible. Note that the existing road R/w are fairly steep and course in nature. A second concern with the site is its adjacency to the city substation utility lot. This site contains the north community lift station. This sewage lift station is scheduled for a significant upgrade next year. It collects all the sewage in the north portion of Kalispell and pumps it south to the treatment plant. The station is rather stark and industrial in appearance with a standby generator on the site. While it is secure, it does not make a desirable neighbor. 2. Appropriateness of design: a. Parking and site circulation: Internally, the project is well design. Parking, access complies with the fire department concerns for a turn around. The applicant is required to provide 10 spaces. They are proposing 12 spaces. b. Open Space: 60% of the site is required to be open (no building coverage). The project is at 11%. In addition, the cluster provisions of the code require that at least 50 of the open space is level and usable. This project complies with that. There is adequate space on the site to accommodate landscaping and the proposed parking areas. C. Fencing/ Screerim-,/Landscapin. The site is extremely ,vell buffered. On the west and north US 93 R/W fill and Grandview Drive fill buffer the site. To the immediate east where the building is proposed a mature stand of trees exists that will buffer this project from the immediate residential 4 neighborhood to the east. The steeply rising topography to the south also will serve to buffer the site from views. of greatest concern for this project will be the buffering of the access road as it comes into the site. It is estimated that the project will generate approximately 40 trips per day so traffic volumes will not be high but they will exceed what presently happens along the now residential lot lines between lots 32 and 33. The parking lot will be landscaped and will comply with the zoning requirement for landscaping at least five percent of the total parking lot area. d. Si ns: No specific dimensions or drawing of a sign was included with the application.. The zoning allows one sign 24 square feet in size, and a height not to exceed six feet. A permit for the sign would be required. 3. Availability of Public Services/Facilities: a. Schools: This site is within School District #5. Limited impact is anticipated from the proposed apartment complex. b. Parks and Recreation.: The Community College lies across Grandview. The youth Sports complex lies to the northwest across US 93. Finally, a neighborhood tot -lot lies at the entrance to this project on Harrison Blvd. Impacts to the City are anticipated to be minimal. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed residential facility. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed apartments. Building access as well as the number and placement of fire hydrants will need to meet Uniform Fire Code requirements and be reviewed and approved by the fire marshal. The applicant has the option of sprinkling the building which will greatly reduce fire concerns. e. Water and sewer. Water and sewer will be extended at the owner's expense and provided by the City, and the connections would need to comply with the requirements of the Public Works Department for the necessary extensions and for fire hydrants. f. Solid Waste: Solid waste pick-up will be provided by the City. Enclosures will be placed and installed in accordance with City requirement. Space exists to meet any necessary requirements for this use. g- Streets: Traffic generation from the development is estimated at 40 average daily trips. The concerns raised with the deficient width of the primary access are to be included here as well. Note that Harrison Blvd can accommodate the projected traffic from this project. 4. Neighborhood Impacts: Development and land use impacts of the proposal are anticipated to be typical of other properties in the immediate neighborhood. Traffic generation for a small apartment complex would be minimal. Except during construction, no significant impacts are anticipated from noise, vibration, or dust. Some outdoor lighting is proposed on the parking lot. Staff recommends that the lights be directed downward and shielded to prevent glare onto the neighboring property. No impacts from smoke, fumes, gas, odors, or inappropriate hours of operation are anticipated beyond the norm of an urban density neighborhood. A notice of public hearing was mailed to property owners within 150 feet of the site approximately 15 days prior to the hearing. As of this writing, staff has received no comments from neighbors on the proposal. S. Consideration of historical use patterns and recent changes: The proposal is compatible with the immediate area, where a mix of house types already exist. Note that the site is bordered by a series of 4-plex townhouse units and apartments. The site is completely buffered to the west and north by topography. The proximity of this e site to the city recreation field and to the community college do support development and the proposed density. 6. Effects on property Values: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is compatible with the neighborhood, and the development and land use impacts would be typical of that anticipated for the area. Staff recommends that the planning board adopt the staff report #KCU-02-3 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be met prior to occupancy of the apartment building. 2. That the parking lot be designed to meet the parking requirements and that landscaping of the lot be coordinated with the City Parks and Recreation Department. 3. The proposal shall comply with the Kalispell Design and Construction Standards for water, water, storm drainage, and other applicable facilities which shall be approved by the City Engineer prior to the issuance of a building permit. 4. The fire access and suppression system with regard to the location of the buildings, number and placement of fire hydrants as well as related construction be reviewed and approved by the Kalispell Fire Department. D. The pr mar , access road to the site from a public (city) street shall be a minimum. of 30 feet wide. This access road shall accommodate a 24 foot wide paved travel surface, storm water management and snow storage/removal and offer an area for pedestrian access. 6 6. The applicant shall submit to the public works director all plans to place some or all of the access road on the city's utility lot. The City Public Works Director shall approve all designs prior to construction. It is the strong desire of the city to locate the access road off of the city utility site and is willing to entertain trading land with the applicant to assist in this effort. 7. Prior to construction of the units, the applicant shall cause the project to be platted as a townhouse project to comply with the zoning administrators interpretation that the cluster provision limits the use of the site to single family detached, semi-detached and attached residences. In addition, the dwelling units shall be built to townhouse standards. 8. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. 7 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (40 )751-1850 Fax: (406)751-1858 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED USE: 4 UNS (.' u5t r ✓ vO OWNER(S) OF RECORD: Gk 0rle5 i`✓Ir'�i cj�t Name: Mailing Address: G �1 ;GNU �a t City/State/Zip �Ii �E , ' "99 t! f Phone: f:_ PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: r; Name: ail iUv� t Mailing Address: -7 err; Avo City/State/Zip: Kai -_, oll, I\11� Phone: LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town-- Range: Address: 3'T vrt �vc No: ship: =mot No: 2� l Subdivision Name: ter. Tract Lot Block No(s). ! No(s). v , U No: �One 1. Zoning District and Zoning Classification in which use is proposed: ry �� y rice wm ` I e i�rriG,l u-irLf: L; �0-r ur uriV ol ?. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size;,sl and ocation(s) of existing buildings C. Sizefs) and location(s) of proposed buildings. f. Existing use(s) or structures anel open areas. g. Proposed use(s) of structures and open areas. 3_ On a separate sheet of paper, disciss the follow- r f� `.epics rrlati -e to C'ne proposed use: a. Traffic flow and control. h. Access to and circulation within -Lhe property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j . Hours and manner of operation.. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (Consult Planner). I hereby certify under penalty of perjury and the laws o the State of Montana that the information submitted herein., on all other submitted forms, documents, plans at 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 signingV of this application signifies approval for the Tri--City Planning staff to be present on the property for routine nitoring and inspection during the approval and developpi@+4-qx,ocess,--\ QUESTION #2 Surrounding land uses. See attached Flathead County Map of Area Dimensions and shape of lot. See attach survey and plat. Topographic features of lot. See attach survey. Size(s) and location(s) of existing buildings See attach survey. Sizes) and locations of proposed buildings. See attach color schematic drawing. Final design per developer to be reviewed as required Existing use(s) of structures and open areas. ^� Existing shed is empty and on skids to be removed. Open area is unused. Proposed use(s) of structures and open areas. Residential rental units and open space to be landscaped park like area. QUESTION #3 Traffic flow and control. No Access to US Hwy 93 or Grandview Dr. - Access is off Harrison Blvd. with existing 20' deeded easement. Access to and circulation within the property. See colored site plan. Includes 120' long x 20' minimum wide (will be 24') hammer head fire access. Off-street parking and loading. See colored site plan. 10 Spaces required - 12 provided in Schematic site plan (S of which are in proposed carport - final layout per developer through City of Kalispell approval. Refuse and service areas. See colored site plan. Utilities. See Survev. Screenimz and buffering. See colored site plan. Sips. vards and other ot)era spaces. See colored site plan. Signage will be handled with a low small monument sign Near corner of easement and Harrison Blvd. Height bulk and location of structures. Height dependent sin final unit design. 0-eliminary concept is a two -stork, from: daylight uj--iit. Roof lines to be lkept low `o avoid obstruction of views from surrounding properties. Structure prellimnarilv site oc t on lot. m to existing ll and there for y6! not read as f!£Q gsmr umLs. c 2 of proposed open space use, See colored sile plan. Hours and manner of opelat.ion. Residential 21e ff3/& 3o1 ,S&B% dust, odors, fumes and vibration, Residential therefor Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevention Dee McCloskey — Assistant Chief/Operations TO: TOM JENTZ, DIRECTOR FROM: JIM STEWART, FIRE MARSHAL DATE: AUGUST 25, 2003 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 SUBJECT: CONDITIONAL USE PERMIT — KELLER 4-PLEX (GRANDVIEW) We have reviewers the information submitted on the above -referenced project and have the following comments. 1. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Cade (1997) Appendix 111-A. 2. Fire hydrants shall be installed per City specifications at locations approved by this department. 3. Street designs shall provide for a minimum clear width of 20' for emergency vehicle access. No Parking signage shall be provided as necessary to maintain width. 4. Approved fire department accessiturnarounds shall be provided in accordance with UFC Article 9. As an alternative, provide installation of an approved residential fire sprinkler system. 5. Addressing shall be approved by this department. Please contact me if you have any questions. l can be reached at 758-7763. "Assisring our communih° in reauc ng, preventing, and inaigating emergencies. N I LE8.1L NOTICES for an initial zoning des- ignation of R-3, Urban Single -Family Residen- tial upon annexation to the City of Kalispell on approximately 3.4 acres located on the east side of South Woodland Drive immediately south of Quincy Loop. This zoning designation an- ticipates single-family dwellings with minimum lot sizes of 7,000 square feet. The property is currently in the County zoning jurisdiction and is zoned R-2, Single Family Residential. A preliminary plat for 13 lots as described below is being filed concur- rently with the annexa- tion and zoning request. The prop" proposed for annexation and zon< ing can be described as all of Lot 26 and a por- tion of Lot 25 all in Block One Green Acres Sub- division located in Sec tion 17, Township 28 North; Range 21 West, P.M.M., Flathead Coun- ty, Montana. The por- tion of Lot 25 is further described as follows: commencing at the southeast comer of said Lot 26, indicated by a found 5/8" re -bar and which point is the true point of beginning; thence N89°18'34" W, on and along the south boundary of said lot 25, a distance of 300' to a set 5/8" re -bar; thence N0010647" W on and along the set east boun- dary, a distance of 172.24' to a set 5/8" re - bar; thence S89118'34" E on and along the for- mer boundary, a dis- tance of 300` to a set 5/8" re -bar; thence S00106'46" E on and along the east boundary of said lot 25 a distance of 163.81' to the true point of beginning 2. A request by River Glen Subdivision LLC for preliminary plat ap- proval of River Glen Subdivision, a 13-lot single-family subdivision located on the east side of South Woodland Drive immediately south of Quincy Loop. The subdivision would be developed in accord- ance with City of Kalis- pell's design and con- struction standards. The preliminary plat is being submitted in conjunction with the annexation of the property and desig- nation of initial zoning of R-3, Urban Single -Fami- ly Residential. The prop - arty can be described as all of Lot 26 and the easterly 300 feet of Lot 25 as described above in agenda Item 1 all in 0lock One Green Acres Subdivision located in LEGAL Nonim 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3- A request by Charles E. Keller for a conditional use permit to allow the construction of a four-plex. apartment' building on property.. zoned R-3, Urban Sin- gle -Family residential lo- cated on the southeast corner of Grandview Drive and US Highway 93 in Kalispell. The property is presently va- cant. Access will be on- to Harrison Boulevard via a private easement. The applicant will use the cluster provisions of . the zone to shift the al- lowable single-family density of one unit /7,000 sq. ff, to a four- plex design on an ap- proximate 33,700 sq. ft lot. The property can be--";� described as Assesscr's Tract 2DCC located iris;. Section 1, Township 28 North, Range 22 West,"`' P.M.M., Flathead Coun-.='�' ty, Montana. 4. A request by Nolarr` Holdings, LLC for an ini- : fiat zoning designation;- of RA-1 Low Density Residential Apartment''. upon annexation to ttta City of Kalispell on ap proximateiy 4 acres to t Gated on the southwes£ corner of the intersec- tion of US Highway 93`:' .and Four Mlie Drive !W', Kalispell. The property;; presently contains a: nursery called their Greenery. This zon!nWA. designation anticipates) single-family and dupie)e housing as a permitted.':': use and multifamily; housing by conditional. use permit. Minimum lot':: sizes are 6,000 sq. plus 3,000 sq. ft. for-1 each additional dwelling; unit. The property is cur rently in the County and .� zoned SAG-10, Subur-'' ban Agricultural, 10 =_ acre minimum lot size-.:' No development plans, were submitted at this time. The property pro posed for annexation and zoning is described:' ;.'•. as parcel A of COS4 7966 in Section 1 Township 28 North;_ .; Range 22 West. P.M.M., Flathead Courr�: ty, Montana. Documents pertaining, to these agenda items are on file for public in- spection at the Tri-City Planning Office, 17 Sec- ond Street East, Suite 211, Kalispell, MT 59901, and are availa- ble for public review during regular office hours. /« Ml . : iw\ &a\\§ ° \ : � f ` \ �� � • :. �:���" %�\ f ! i (c� t � 1 t \ R�l i Q. 34 .3— 3. Q� 33 35 36 �'��'. A �� �t 37, 38 32 Y 40 - — 3Ri . F. V I E 0 4 4 2'4 2 41-.. 27 2� 5 `2 3 ' 4 2� 1 5 ; f 24 , 13 23, 6 Rf F 22 / 21 s��` t� j 7 r 3 4i "•." i1 , f j �0; to# 4 10 3 11 18 i �2 .4 5 9 2, 11 ,� S 113 17 412 `" = VT 13 1C111T' MAP CHAARLES :KILLER BILL DEBEAU CONDITIONAL USE PERMIT TO ALLOW FOR A 4 UNIT CLUSTER DEVELOPMENT R-S, URBAN SINGLE FAMILY RESIDENTIAL DISTRICT KALISPELL ZONING JURISDICTION T t t� �e ?Urt DATE. 8/7J03 FILE # C U— 0 3— 4 SCALE 1" = 2 0 4' 3_Offim\site\kcu03-4.dwg