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
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412
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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