Courthouse East ProjectDear Council Members,
Please find the enclosed a packet that pertains to the proposed PUD for the Courthouse East
Building. We are providing this packet to inform you of the most current information that you
will be addressing at the city council meeting on May 16`n
This PUD has been based upon information gathered from various officials, the public, surveys
and correspondence. We have had meetings with the Eastside Kalispell Group (E.K.G) formerly
known as K.E.N.A. We have also had many meetings with the various departments in Kalispell
including Kalispell Traffic Administrator Andrew Sorenson, Kalispell Fire Marshall, Kalispell
Building Department, Kalispell Zoning, Kalispell Police Department, and Principle of Hedges
Sharon Bonderud. The majority of the facets of this project were designed with consideration of
varying recommendations of these individuals and departments. We decided to follow a plan of
action that involved both civic and public wishes and concerns to ensure this project is in
accordance with the goals of the local community as well as the city of Kalispell.
We'd like to give a short background on each of the individuals involved in this project:
Vince Padilla: He will be Managing Operational and Financial aspects of DEV Properties.
Vince's background is primarily in telecommunications. His current position is Market Manager
for the Portland and Seattle Markets of a National Telecommunications Company. He has much
experience and knowledge in making an over five million dollar market profitable and
successful. Vince has also been involved in real estate and construction projects in the Seattle
area for over 10 years.
Eric Berry: He is Manager of Planning and Design. He will be responsible for all related aspects
for this project. Eric's experience in recent years has primarily been Project Manager of Public
Art projects throughout the U.S. Average annually management responsibility has been 1.5 to
2.5 million dollars. Eric has managed construction aspects, design elements, logistics, fabrication
and instillation in his Public Art Projects. He will carry over these responsibilities toward design,
fabrication and installation of various customized components of the project. Along with Public
Art Projects, Eric consults, designs, and builds his own furnishings, fixtures, and spaces for
personal clients.
Dave Rickert: Manager Of Construction and Related Aspects. Dave is a long time resident of
Kalispell and has been a Contractor in the Flathead Valley for the last 25 years. Being in
business over the decades he has gained much valued experience in construction and business
operations. He also has key business contacts in the construction trades in the State.
We know this team has the skills, knowledge, resources, and experience to make this project a
success.
Sincerely,
DEV Properties
Dave, Eric, And Vince
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COURTHOUSE EAST
SPACE USAGE AND LOCATIONS
The courthouse East structure is comprised of three wings and one accessory structure.
Each of the wings was built at different times during the history of the building.
The center section is the original building built in 1913.
The south section is the second addition, which was added in 1948
The north section is two stories and is the final addition added in 1964.
The boiler house is located to the east of the building and at the center of the building and
was built during the construction of the original center section. This structure is to be
reconstructed during the restoration process.
RESIDENCES
APARTMENTS - DESIGNED FOR SENIORS NEEDS
1. Senior apartments will include design features so as to consider the needs
of our mature community. This would include easy access through mild
inclines of the parking to building walkways; none or very few steps; wide
and well lit pass ways.
2. The possibility of some ground floor units is possible with the makeup of
the South and Center Wings. However, most of the units will be in the 3rd
floor Center Wing and the 4th Floor Center Wing. Two elevators access
the areas along with 3 stairwells. It is hoped that there would eight to ten
units.
3. There is not a formal designation of Senior `only' apartments at this time
due to disagreements in terminology. If possible at a later date, DEV
Properties will pursue legal status for Senior Only apartments, but will in
no way affect the PUD or Zoning; due to parking restraints being met in
either case. (For more information, please refer to the UNRUH ACT)
STUDIOS - DESIGNED FOR ARTISTS NEEDS
1. The opportunity for small, medium and large sized studio apartments with
good natural light, high ceilings and communal nature, lends itself to
aspiring as well as established artist. Designated areas throughout the
building and landscape will deem the environment for the wares to be
displayed and appreciated.
2. Again, the possibility of ground floor units exists. Other areas of
possibility are the North Wing, which has easy access, moderate north
light and large spaces. The possibility exists to have some studios
intermixed among the other dwelling units and/or offices. It is hoped that
there would be eight to twelve units.
3. These units also meet current standard apartment parking requirements.
The current zoning in Kalispell designates the units as standard apartments
® GENERAL APARTMENTS
1. Standard apartments will predominantly in the South Wing. Because of
the nature of the views and structure of the South Wing, these units will be
priced accordingly. It is hoped that there will be eight to ten units.
2. Because of the beauty of the South Wing, the possibility of customizing
the apartments per lease agreement exists. This may include layout,
partitions, appliances, finishes and fixtures.
PROFESSIONAL
• OFFICE
1. General office space for local entrepreneurs and established businesses.
2. The office space will be primarily located on the second floor of the
Center Wing, part of the 2nd floor on the South Wing and more than likely
all or part of the North wing.
• SERVICE
1. It is hoped that local entrepreneurs will establish businesses that serve the
building and the neighborhood directly. This will encourage less traffic,
more community support and pride.
2. Suclbusinesses could include: Hair and nail salon, spa, coffee shop, local
crafts, handmade clothing. The locations will be most likely in the IS`
floor.
3. There is very limited space for retail. The hope is that two or three small
retail units would serve the building and community without impacting the
neighborhood with undue traffic.
BUILDING AMMENITIES
• LOBBY
1. Large open lobby in the Center Wing, accessed by opposing doors on East
& West sides
2. South Wing will maintain it's existing entrance with Handicap access.
3. North Wing could entail its own lobby on the SE corner of the structure.
Use, build out and the tenant would determine this.
• WIDE HALLWAYS
• COMMON AREAS
1. To include seating areas, art displays, game room, message board, mail
slots and directory
• COMMUNITY ROOM
1. To Be Determined in size and location
• BUILDING MANAGER OFFICE
• SERVICE AREAS
• MECHANICAL
SI?RVEV - How do you feel ahout i}EV}s proposed
"Old Hospital" development?
1) How do you feel about DEV's proposed development?
A) Fcol strongly that this devclopmont. should be in tho neighborhood.
P) Vkotrld prcfor to have this development in tho neighborhood.
C) No opinion.
Dl Would prcfcr not to have this devclopmontin the neighborhood.
E) Fool strongly that this dowlopmont should not. bo in tho noijhburhood.
80%
60%
40%
20%
0%
1A I 1C 1O 1E other
('omments:
(L' o uld pi-cfer) if you could give scmic concrete info rrnation about th is.
:��:�:�•::a:a:�:�:F::�a:�:x:�::E: :•:::3�a::�:�:�>;:a::3::�:r::F:•�;:a:��:E;:E:;,<a:a:�:�:��•�:3:�::z::E:k:>,<a�a:�:�:3:;.<::3:�:�:3-:�>::a::��::E:: :a:a:�::�:�>; :a:=x�:e:E:
T hat aspect(s) of the development do you like best''
A) Apartments. D) Artist studios.
D) Coffee Shop E) Deeps historic building,
F) Other
80%
60%
40%
20%
0%
C) Offices
2A 2B 2C 2D 2E other
Comments:
All of the, above.
T_-scful way t3 u(.ilizv this properly
I like the whole concept
,VI except offices, there is a 'surplus already. Favor ecclectic uses.
\11 of it
All of the above
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All 3 of thcsc mcn a re hardworking f-roily men. I fully believe they know what they are. doing.
Eldorly apartments
Senior apartments
All of the shove!
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Preliminary DEV Sun ey summary as of 2i22/05 Page 1
LI
Old IIospital Committee, P.U. Box 145 Kalispell; MT 59903 e-mail: mttcc4,��.yahoo.com
HSH ANN63"ONIEFFIN"S"! OP.
m
950 Rhodes Draw dsbeng@centuryteLnet
Kalispell, MT 59901 261-4654 IS4
Friday, March 18, 2005
DEV Properties
Dave Rickert
665 Sullivan X Road
Columbia Falls, MT 59912
O 11,IN 001190
Mr. Rickert:
Background
DEV Properties is interested in purchasing for renovation the existing structure located at
723 51h Avenue E (commonly known as Courthouse E). As part of the due diligence
process they have requested DSB Engineering & Consulting, PC provide a summary of the
code required upgrades driven by their proposed renovation.
Existing building was originally constructed as a hospital in three phases (Original structure
— 1911; South wing — 1948; North wing — 1964). Applicable code is International Existing
Building Code (IEBC).
Classification of Work:
In the North wing the proposed occupancy is office space. In the Central and South
sections the first two floors are proposed to be office and small shops while the upper two
floors are proposed to be apartments. From a building code standpoint this means an
occupancy change from I-2 to B and R-2.
For purposes of this report the structure has been reviewed as a three story building with a
daylight basement. Actual classification of the basement depends on the following
definition: Finished surface of the floor above the basement is 6 feet or less above the
finished ground level for more than 50 percent of the total building perimeter. Also, it is
assumed there will be more than 16 dwelling units.
Modifications being considered are classified as Level 3 Alterations (> 50% of floor area
affected) as well as a Change of Occupancy. Currently the building does not qualify as an
historic building so Chapter 10 of the IEBC does not apply.
Following requirements list is not intended to be exhaustive but is an attempt to cover
economically important requirements.
- Page 1 of 1 -
1 ii
Key Point Summary_
Automatic sprinkler systems are not required if the bottom floor meets the code definition
of a basement (see Classification of Work above).
Standpipes are not required in this building since all portions of the building are less than 50
feet from the level of fire department access.
In the apartment area, Type A accessible units are required but Type B accessible units are
not.
A structural review is required of the impact of the gravity load change on the structural
elements supporting the bottom two floors due to the code dictated increase in minimum
floor loading for the new occupancies. To avoid a full structural compliance requirement, do
not allow alterations to increase the gravity loads or the seismic base shear load (full
structure weight including live loads/people) more than 5%.
As long as alterations do not increase the seismic base shear by more than 5%, the structure
does not need to comply with International Building Code seismic provisions.
A manual fire alarm system is required along with alarm notification appliances.
Smoke alarms are required in all the dwelling units.
Fire escapes may be counted as a required egress if they meet certain criteria including
being accessed through a door (not the current configuration).
Special Use and Occupancy
1. Boiler or furnace equipment rooms shall be enclosed in 1-hour construction if
operating at greater than 15 psig for steam or 170 psig for hot water equipment.
— Sect 702.2
Building Elements and Materials:
2. All new work shall comply with materials and methods requirements in the ICC
Electrical Code, International Building Code, International Energy Conservation Code,
International Mechanical Code, and International Plumbing Code, as applicable, that
specify material standards, detail of installation and connection, joints,
penetrations, and continuity of any element, component, or system in the
building. — Sect 503.3
— Page 2 of 2 —
950 Rhodes Draw dshenggbigskyaiet
Kalispell, MT 59901 261-4654
3. Existing stairways that are part of the means of egress shall be enclosed in
accordance with 603.2.1 between the highest work area floor and the level of
exit discharge and all floors below. — Sect 703.1
4. Interior finish in exits and corridors serving the work area shall comply with
International Building Code between the highest floor on which there is a work area
to the floor of exit discharge. — Sect 703.3, 603.4
5. All existing interior vertical openings connecting two or more floors shall be
enclosed with approved assemblies having a fire -resistance rating of not less than
1 hour with approved opening protectives. If the opening does not exceed three
stories the enclosure can be '/a hour. — Sect 603.2.1
6. All newly installed interior finishes must comply with flame spread requirements
of the International Building Code (IBC). Sect 503.1
Fire Protection:
7. Group R occupancies three stories or less are not required to be sprinkled. — Sect
604.2.2 exc, IBC 502
8. Proposed Group B occupancies meet all the criteria to be exempted from
sprinkling requirements. — IBC table 503, IBC 506.2, IBC 903.2.10.1
9. Standpipes are not required in this building since the building is less than 50 feet
from the level of fire department access. — Sect 604.3
10. A manual fire alarm system shall be provided throughout the building in
accordance with the International Building Code. Alarm notification appliances
shall be provided on such floors and shall be automatically activated as required
by the International Building Code. — Sect 704.2.1, 604.4.1.6, IFC 907.3.1.7
11. Individual sleeping units and individual dwelling units in any work area in Group
R-2 occupancies shall be provided with smoke alarms in accordance with the
International Fire Code. — Sect 604.4.3
12. Rubbish and linen chutes located in the work area shall be provided with
sprinklered protection where protection of the rubbish and linen chute would be
required under the provisions of the International Building Code for new
construction and the building has sufficient municipal water supply available to
the site. — Sect 704.1
13. All openings in existing vertical shaft enclosures shall be protected by fire
assemblies having a fire -protection rating of not less than 1 hour and shall be
- Page 3 of 3 -
maintained self -closing or shall be automatic closing by actuation of a smoke
detector. — Sect 812.4.4
14. Existing level of fire protection shall not be compromised. — Sect 504.1
Means of Egress:
15. Any stairway replacing an existing stairway within a space where the pitch or
slope cannot be reduced because of existing construction shall not be required
to comply with the maximum riser height and minimum tread depth
requirements. — Sect 812.4.1.2
16. Egress capacity shall meet or exceed the occupant load as specified in the
International Building Code. — Sect 812.4.1.3, 605.3.1
17. Existing fire escape complying with Section 605.3.1.2.1 shall be accepted as
providing one of the means of egress. (See following highlights.) — Sect
605.3.1.2
a. Unobstructed access without having to pass through rooms subject to
locking.
b. Accessed through a door.
c. Openings within 10 feet of fire escape stairs shall be protected with 3/a hour
fire resistant assemblies.
d. Construction and dimension details not included but available in IEBC. —
Sect 605.3.1.2.2 & 3
18. All egress doors serving an occupant load greater than 50 shall swing in the
direction of exit travel. — Sect 605.4.2
19. Automatically or self -closing doors are required throughout the exit stair to the
level of exit discharge. — Sect 605.4.3
20. Corridor doors in Group R-2 shall be at least 1 3/8" solid core wood or
approved equivalent and be equipped with approved door closers. Only
approved glazing in metal frames is allowed in the doors and transoms. — Sect
605.1
21. All other corridor openings shall be sealed with materials consistent with the
corridor construction. — Sect 605.3 & 4
— Page 4 of 4 —
l
!1HIPP11111
22. Maximum length of an existing dead-end corridor shall be 50 feet with approved
automatic fire alarm system installed. — Sect 605.6 exc 2
23. Means of egress throughout the building shall be provided with artificial lighting
per the requirements of the International Building Code. — Sect 705.2, 605.7
24. Means of egress throughout the building shall be provided with exit signs in
accordance with International Building Coyle requirements. — Sect 605.8
25. Handrails shall be provided on existing stairways in accordance with
requirements of Section 605.9 (see following highlights). — Sect 812.4.1.4 & 5
a. Three or more risers.
b. Existing handrails judged dangerous.
26. Guards (guardrails) shall be provided for every open portion of stair, landing, or
balcony that is more than 30 inches above floor or grade level and does not have
guards or existing guards are judged to be in danger of collapsing. — Sect
812.4.1.5, 603.5, 605.10
27. Means of egress from the highest work area floor to the floor of exit discharge
shall be provided with exit signs in accordance with the requirements of
International Building Coyle. — Sect 705.3
Accessibility
28. Compliance with applicable provisions in Chapter 11 of International Building Code
and ICC Al 17.1 to the maximum extent feasible is expected. — Sect 506.1
29. Accessible means of egress required by Chapter 10 of the International Building
Code are not required. — Sect 506.1 exc 2
30. Routes to areas of primary function shall be accessible and include access to
toilet facilities and drinking fountains as required. The costs of providing the
accessible route are not required to exceed 20% of the costs of the alterations
affecting the primary function. — Sect 506.2 exc 1
31. All of the following accessible features are minimum requirements: - Sect 812.5
a. At least one accessible building entrance.
b. Signage complying with Section 1110 of the International Building Code.
c. Accessible parking, where parking is provided.
— Page 5 of 5 —
d. At least one accessible passenger loading zone, where such are provided.
e. At least one accessible route connecting accessible parking and accessible
passenger loading zones to an accessible entrance.
32. Requirements for accessible or Type A units (IBC Section 1107) and Chapter 9
accessible alarms requirements apply. — Sect 606.3
33. Type B dwelling or sleeping units (convertible to Type A) required by Section
1107 of the International Building Code are not required to be provided. — Sect
812.5 exc, 506.1 exc 3
34. Altered elements of existing elevators shall comply with ASME A17.1 and ICC
A117.1. — Sect 506.1.2
35. If altering existing toilet and bathing facilities to be accessible is technically
infeasible, an accessible unisex facility shall be located on the same floor and in
the same area as the existing facilities.
36. Door threshold maximum height shall be 3/4" with beveled edges on each side. —
Sect 506.1.11
Structural:
37. Since the change in occupancy does not increase the seismic factor based on
International Building Code Table 1604.5 nor increase the hazard category in Table
812.4.1, the seismic provisions do not apply (this assumes that any alterations do
not increase the seismic base shear by more than 5%). — Sect 807.3
38. Alterations shall not reduce the structural strength or stability of the building,
structure, or any individual member thereof below the required International
Building Code levels. — Sect 707.2, 607.2
39. New structural members in alterations, including connections and anchorage,
shall comply with the International Building Code. —Sect 707.3, 607.3
40. Do not allow alterations to increase structural loads more than 5% (i.e.
equipment replacement, drifting loads, etc.) to avoid a full structural review of
the buildings current structural code — Sect 507.2.1 exc 1, 607.4.3
41. Code dictated floor loads increase with the change in occupancy. With any
increase in gravity loading greater than 5%, all structural members affected by
such increase shall meet the gravity load requirements of the International Building
Code. Conservatively assuming the same ratio of corridor to office space as
shown on the second floor plan, the floor loads on the upper two floors would
— Page 6 of 6 —
increase less than 4%. However, the bottom two floors would see an increase
around 17% (see following table). Therefore all structural members affected by
such increase in the bottom two floors must be analyzed to and comply with the
gravity load provisions of the International Building Code. — Sect 807.1, 607.4.1
Live Load Conc Ld
a. Original Occupancy: I-2 (Hospital) (sf) abs)
Operating rooms, laboratories 60 1000
Private rooms 40 1000
Wards 40 1000
Corridors above first floor 80 100.0
b. Neu Occupancy: B (Office/Artist Studios
Lobbies/1st flr corridors 100 2000
Offices 50 2000
Corridors above first floor 80 2000
c. Ne)v Occupancy: R-2 (Residential)
Private rooms/corridors 40 -
Public rooms/corridors 100 -
Electrical:
42. Specific requirements for residential occupancies are listed in Sect 608.3.
43. All unsafe conditions shall be corrected without requiring that all parts of the
electrical system be brought up to the current electrical code. — Sect 808.2
44. Electrical service shall be upgraded to meet the requirements of the Electrical
Code for the new occupancy. — Sect 808.3
45. The number of electrical outlets shall comply with the Electrical Code for the
new occupancy. — Sect 808.4
Mechanical:
46. All reconfigured spaces intended for occupancy and all spaces converted to
habitable/occupiable space area shall be provided with natural or mechanical
ventilation in accordance with the International Mechanical Code. — Sect 609.1
47. In mechanically ventilated spaces, existing mechanical ventilation systems that are
altered, reconfigured, or extended shall provide not less than 5 cubic feet per
minute (cfm) per person of outdoor air and not less than 15 cfm (0.0071 m3/s)
of ventilation air per person; or not less than the amount of ventilation air
determined by the Indoor Air Quality Procedure of ASHRAE 62. — Sect 609.2
— Page 7 of 7 —
1 ,
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48. Kitchen exhaust and mechanical ventilation requirements shall comply with the
intent of the International Mechanical Code provisions. — Sect 809.1
Ply
49. New occupancy shall comply with the fixture and water supply requirements of
the International Plumbing Code. — Sect 810.1
Other Requirements:
50. Light and ventilation shall comply with the requirements of the International
Building Code. — Sect 811.1
51. Height and area of the existing building is acceptable. — Sect 812.4.2.2
52. Exterior wall rating and exterior opening protectives are not required due to
location on the lot. — Sect 812.4.3.1, IBC Table 602, IBC Table 704.8
This report represents the professional opinion of the author and has been prepared based
on visual information available on site at the time of the visit. There has been no testing
performed in preparing this report. Neither the author nor DSB Engineering & Consulting,
PC provides any warranties, guarantees, or insurance with this report. Opinions in this
report are based on information available and are subject to change. Any reader of this
report shall have responsibility to notify DSB Engineering & Consulting, PC of any material
or informational change which has bearing on the subject of this report.
If I can be of any further assistance, please feel free to contact me.
Sincerely,
U
Darry Byle,
ICC Certified Building Inspector
ICC Certified Plans Examiner
cc: File, Kalispell Building Department
— Page 8 of 8 —
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PUP)LIC ART PROJECT- 2oo3
WALLINGFORD ARTIST
BUILDING
MINNEAPOLI5 LIGHT RAIL
PUBLIC ART PROJECT - 2oo4
WALLINGrORD ARTIST
BUILDING
Planning Office
17 Second
Kalispell, MT 59901
APPLICATIONCITY OF KALISPELL
! i UMT DEVELOPMENT i
PROJECT NAME: Courthouse East Project
1. NAME OF APPLICANT: DEV Properties
2. MAM ADDRESS: 665 Sullivan X Road
3. CITY/STATEIZIP: Columbia Falls, Mt 59912 PHONE: 206-909-3398
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN PLIC :
4. NAME: Same
5. MAIL ADDRESS: Same
6. CITY/STATE/ZIP: Same E: 406 752-6198
7. TECHNICAL ASSISTANCE: DEV Properties - Eric Berry
S. MAIL ADDRESS: 665 Sullivan X Road
9. CITE'/STATE/ZIP: Columbia Falls, Mt 59912 PHONE: 206-214-5210
if there are others who should be notified during the review process, please list those.
CheckOne:
_ Initial PUD proposal
X Amendment to an existing PUD
A. Property Address: 723 5th Ave Kalispell, Mt 59901
B. Total Area ofProperty: 2.063 AC.
C. Legal description including section, township & range: KAL ADD 3 LOTS 1-12
BLK 203 TR A IN SE4NW4 ABD ALLEY Sn 17 Tn 28 Rn 21
D. The present zoning of the above property is: R=3
a. An overall description of the goals and objectives for the development of
the project.
To restore the property located at 728 5th East to a viable and usable property and to
make it an asset to the community. The usage classifications of the building will be
comprised of Dwelling units, Professional space and, Retail space. Within these
designations, there will be Artist Lave/Work Apartments, Designed Apartments to meet
Senior Resident needs, Standard Apartments, and Community and Common Space.
Space allocations will be made for Public and Private Artwork and Sculptures. Also, a
build out to accommodate a retail Coffee Shop.
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
PHASE I
This is the primary phase of the project and it will be comprised of the following
and will be conducted within the time frame of June -Jan 2005.
Work planned to be accomplished during June -Oct 2005:
1) Demolition of interior of building will be conducted.
2) Exterior treatments (pressure washing, painting, window restoration,
Utilities and grounds preparation)
Work planned to be accomplished during Oct -Dec 2005
1) Installation of systems within the building (electrical, plumbing,
HVAC)
2) Continuationof window restoration/replacement and exterior
restorations
PHASE II
This is the work to be completed during Jan -Dec 2006
1) Build out new tenant spaces within interior of building according to
specs TBD.
2) Initial Landscaping and Ground work
3) Preliminary parking prep
PHASE III
This work is to be completed during Jan -Dec 2007
1) Finalizing of interior trim outs in all spaces.
2) Finalizing of Parking lot, striping, landscaping and signage
c. The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use,
and the reasons why such departures are or are not deemed to be in
the public interest;
The nature of this building will add to the cohesiveness of the Historical East Side
neighborhood. Although it departs from the neighborhoods architecture in physical
size and nature; the building is an integral part of the neighborhood. It. has existed
prior to the majority of the neighboring houses and is an integral part of Kalispell's
history.
The proposed usage of the building departs form the historical usage in that it will be
used as a mixed use of residential units, artist studios, professional space and retail
space while allowing community events to take place.
The restoration of the building would retain a historic building in a historic
neighborhood. It would be restored to a useful nature. It would also serve as an asset
to the neighborhood in many aspects. It would provide housing to seniors that would
like to remain in the neighborhood. It would provide space for local artists to produce
their work for the people of the neighborhood and tourists of the city of Kalispell. It
would provide space for local business's that would provide needed services to the
neighborhood and city. With offices, residences, shops and common areas providing
services to the neighborhood, it would have a uniting effect.
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open
space; and the adequacy of the amount and function. of the open
space in terms of the land use, densities and dwelling types
proposed in the plan;
The following is the amount of green space provided within the property
surrounding the Courthouse East Building:
1) Public green space 11,896sq ft
2) Private green space 16,396sq ft
e. The manner in which services will be provided such as water, sewer,
storm water management, schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable
services and utilities.
The Utilities are pre-existing but have been disconnected from the building.
Such utilities will be reconnected in the manor they were disconnected. Utility
connections will be upgraded as deemed necessary.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be
established
Due to the results of a survey conducted on February 21st 2005 presentation
held at Hedges School; +85% of survey respondents supported the preservation
of the Courthouse East building and thought positive of the project being in the
neighborhood.
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
The structure is an integral part of the character of the neighborhood. It is a
Historic building that has had a part in setting the stage for the historic and
architectural aesthetics of the neighborhood. Though the proposed usage is set
apart from the historic usage of the property it is considered to be in line with
the neighborhoods character and Kalispell's future and growth policy.
h. Where there are more intensive uses or incompatible uses planned
within the project or on the project boundaries, how with the
impacts of those uses be mitigated.
N/A
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
The plans contained within this Application meet many of the Kalispell's
Growth policies.
The following are excerpts from the Kalispell Growth Policy 2020:
February 18, 2003
2. Growth Management
Issues:
5. Low -density development in outlying areas has been the predominant local
growth pattern of recent decades creating inefficiencies in providing services.
For example in 1960, 77 percent of the residents within the growth policy area
lived in Kalispell, but by 2000, the proportion had fallen to 49 percent. Factors
in this urban to suburban shift include national trends toward suburban and
rural growth, the appeal of the Flathead Valley's rural setting and a variety of
public policies that have made suburban and rural development more attractive
than concentrated urban development.
6. Finding ways of making infill growth more attractive and economical is
necessary to equalize the trend toward low -density development. Along with the
predominant growth pattern of low -density development, there has also been a
trend towards reinvestment and redevelopment of land in established urban
areas, drawn by convenience, variety, stable neighborhoods and small-town
quality of life. There are more traditional development patterns associated with
this trend and they differ from suburban design with regard to density,
development standards and uses.
7. Increasing land and home values have created problems in providing adequate
affordable housing in large sectors of the community. Wages have not kept pace with
these rising costs leaving some with marginal housing options
GOALS:
1. ENCOURAGE EFFICIENT USE OF SPACE, ORDERLY GROWTH CONSISTENT WITH
HIGH QUALITY OF LIFE, FISCAL SOUNDNESS, ENVIRONMENTAL CONSERVATION
AND COMMUNITY VITALITY.
3. ENCOURAGE HOUSING TYPES THAT PROVIDE HOUSING FOR ALL SECTORS AND
INCOME LEVELS WITHIN THE COMMUNITY.
6. PROVIDE ADEQUATE AREAS FOR GROWTH AND EXPANSION WITH REGARD TO
AMOUNT, TIMING AND LOCATION.
Policies:
1. Encourage resolution of disputes involving land use policy by broad
participation, education, compromise and consideration of private property
rights. Maintain mechanisms to provide for open, well -publicized public
processes.
2. Encourage consistent government policies for development and infrastructure
within urban areas.
3. Conserve well -established residential areas that have significant neighborhood and
cultural integrity, such as Kalispell's historic districts.
3. Land Use: Housing
...There is also a need for more diverse housing types such as town -homes, multi-
family and accessory dwellings to accommodate smaller households.
Issues:
3. Kalispell has a high proportion of seniors with special needs. While most local
housing consists of single-family detached houses, demand is growing for a mix of
housing types, such as more one -person households, assisted living housing for
seniors, townhouses, apartment buildings, accessory apartments and second homes.
GOALS:
1. PROVIDE AN ADEQUATE SUPPLY AND MIX OF HOUSING THAT MEETS THE
NEEDS OF PRESENT AND FUTURE RESIDENTS IN TERMS OF COST, TYPE, DESIGN
AND LOCATION.
Policies:
4. Give special consideration to functional design to accommodate seniors and
disabled, who have various special needs regarding housing, transportation,
handicapped access and services.
10. Urban Residential:
a. Urban residential areas shown on the plan map should be encouraged to be
developed when adequate services and facilities are available.
b. Typical densities are four to twelve dwellings per gross acre.
c. Single-family houses are the primary housing type, but duplexes, guest
houses, accessory apartments, and small dispersed areas of multi -family
housing are also anticipated.
d. Urban and high density residential areas should be fully served by urban
infrastructure and municipal services, including paved streets, curbs,
sidewalks, landscaped boulevards and public sewer and water.
e. These areas should have convenient access to neighborhood business
districts, parks and elementary schools.
Recommendations:
6. Develop a comprehensive sidewalk system in the community that includes the
installation of new sidewalks and replacement of existing deteriorating
sidewalks. Install crosswalk improvements where appropriate.
8. Urban Design, Historic and Cultural Conservation
GOALS:
4. NEW DEVELOPMENT SHOULD CONTRIBUTE TO THE COMMUNITY QUALITY OF
LIFE AND ITS ATTRACTIVENESS AS A RETIREMENT AND TOURISM DESTINATION.
Policies:
2. Identify historic and cultural resources, and encourage the upkeep and
rehabilitation of historically and culturally significant structures and sites,
consistent with national rehabilitation guidelines.
3. Discourage the demolition of historically or culturally significant structures and
sites.
4. Support the efforts of private owners and conservation groups to identify,
protect, rehabilitate, and reuse historic and cultural resources.
Recommendations:
1. Establish a local heritage commission to identify local landmarks, review
alterations of these landmarks, expand public outreach and education and
further historical and cultural conservation goals.
2. Encourage development of alternative arterials that will divert through traffic
from the downtown and surrounding neighborhoods.
3. Enhance safe pedestrian access through the downtown and surrounding
neighborhoods.
J. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(1). Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings and
uses proposed for buildings; .
(5). Layout and dimensions of streets, parking areas, pedestrian
walkways and surfacing;
(6). Vehicle, emergency and pedestrian access, traffic circulation
and control;
(7). Location, size, height, color and materials of signs;
(8). Location and height of fencing and/or screening;
(9). Location and type of landscaping;
(10). Location and type of open space and common areas;
(11). Proposed maintenance of common areas and open space;
(12). Property boundary locations and setback lines
(13). Special design standards, materials and / or colors;
(14). Proposed schedule of completions and phasing of the
development, if applicable;
(15). Covenants, conditions and restrictions;
(16). Any other information that may be deemed relevant and
appropriate to allow for adequate review.
SEE THE ATTACHED: PLAN VIEW, DETAILED TRAFFIC PLAN, LANDSCAPE
PLAN, OVERALL TRAFFIC PLAN, WATER & SEWER PLAN VIEW, ZONING,
SOUTH EAST PERSPECTIVE, SECTION PLAT 17-28-21, SQARE FOOTAGE
ALLOCATION AND PARKING REQUIREMENTS CHART, DESCRIPTION OF
SPACE USEAGE AND LOCATIONS
If the PUD involves the division of land for the purpose of conveyance, a preliminary
plat shall be prepared in accordance with the requirements of the subdivision
regulations.
Please note that the approved final plan, together with the conditions and restrictions
imposed, shall constitute the zoning for the district. No building permit shall be issued
for any structure within the district unless such structure conforms to the provisions
of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Tri-City Planning staff to be present on the
property for routine monitoring and inspection during review process.
(Applicant Signature) (Date)
Planning Office
17 Second
Kalispell, • : !
PETITION• ZONING•, .
NAME OF APPLICANT: DEV Properties
MAIL ADDRESS: 665 Sullivan X Road
CITY/STATE/ZIP: CITE'/STATE/ZIP: Columbia Falls, Mt 59912 PHONE: 206-909-3398
INTEREST PROPERTY: DEV Properties owns the subject property and wishes to
develop it along with a PUD Proposal
PLEASE COMPLETE FOLLOWING:
A. Address of the property: 723 5th Ave E Kalispell, MT 59901
B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number
(Section, Township,Range) KAL ADD 3 LOTS 1-12 BLK 203 TR A IN SE4NW4 ABD
ALLEY Sn 17 Tn 28 Rn 21
(Attach sheet for metes and bounds)
C. Land in zone change (ac) 2.063 acres
D. The present zoning of the above property is: R3
E. The proposed zoning of the above property is: R5
F. State the changed or changing conditions that make the proposed amendment
necessary:
A concurrent PUD proposal for the existing structure commonly known as
"COURTHOUSE EAST" would allow for an unkempt structure to be refurbished into a
viable community asset. DEV Properties had entered into a Buy/ Sell agreement with
former owner Gelinas Development; which along with change of ownership, change in
direction of the said structure would also occur. Current and prior historical Non -
Conforming use would be irrelevant and said structure would be used to serve the
community, city and county.
HOW WILL TIME PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
A. Promoting the Growth Policy
The plans contained within this Application meet many of the Kalispell's Growth
policies.
The following are excerpts from the Kalispell Growth Policy 2020:
February 18, 2003
2. Growth Management
Issues:
5. Low -density development in outlying areas has been the predominant local growth
pattern of recent decades creating inefficiencies in providing services. For example in
1960, 77 percent of the residents within the growth policy area lived in Kalispell, but by
2000, the proportion had fallen to 49 percent. Factors in this urban to suburban shift
include national trends toward suburban and rural growth, the appeal of the Flathead
Valley's rural setting and a variety of public policies that have made suburban and rural
development more attractive than concentrated urban development.
5. Finding ways of making infill growth more attractive and economical is necessary to
equalize the trend toward low -density development. Along with the predominant growth
pattern of low -density development, there has also been a trend towards reinvestment and
redevelopment of land in established urban areas, drawn by convenience, variety, stable
neighborhoods and small-town quality of life. There are more traditional development
patterns associated with this trend and they differ from suburban design with regard to
density, development standards and uses.
7. Increasing land and home values have created problems in providing adequate
affordable housing in large sectors of the community. Wages have not kept pace with
these rising costs leaving some with marginal housing options
GOALS:
1. ENCOURAGE EFFICIENT USE OF SPACE, ORDERLY GROWTH CONSISTENT WITH
HIGH QUALITY OF LIFE, FISCAL SOUNDNESS, ENVIRONMENTAL CONSERVATION AND
COMMUNITY VITALITY.
3. ENCOURAGE HOUSING TYPES THAT PROVIDE HOUSING FOR ALL SECTORS AND
INCOME LEVELS WITHIN THE COMMUNITY.
6. PROVIDE ADEQUATE AREAS FOR GROWTH AND EXPANSION WITH REGARD TO
AMOUNT, TIMING AND LOCATION.
Policies:
1. Encourage resolution of disputes involving land use policy by broad participation,
education, compromise and consideration of private property rights. Maintain
mechanisms to provide for open, well -publicized public processes.
2. Encourage consistent government policies for development and infrastructure within
urban areas.
3. Conserve well -established residential areas that have significant neighborhood and
cultural integrity, such as Kalispell's historic districts.
3. Land Use: Housing
...There is also a need for more diverse housing types such as townhomes, multi -family
and accessory dwellings to accommodate smaller households.
Issues:
3. Kalispell has a high proportion of seniors with special needs. While most local housing
consists of single-family detached houses, demand is growing for a mix of housing types,
such as more one -person households, assisted living housing for seniors, townhouses,
apartment buildings, accessory apartments and second homes.
GOALS:
1. PROVIDE AN ADEQUATE SUPPLY AND MIX OF HOUSING THAT MEETS THE NEEDS
OF PRESENT AND FUTURE RESIDENTS IN TERMS OF COST, TYPE, DESIGN AND
LOCATION.
Policies:
4. Give special consideration to functional design to accommodate seniors and disabled,
who have various special needs regarding housing, transportation, handicapped access
and services.
10. Urban Residential:
a. Urban residential areas shown on the plan map should be encouraged to be developed
when adequate services and facilities are available.
b. Typical densities are four to twelve dwellings per gross acre.
c. Single-family houses are the primary housing type, but duplexes, guesthouses,
accessory apartments, and small dispersed areas of multi -family housing are also
anticipated.
d. Urban and high density residential areas should be fully served by urban infrastructure
and municipal services, including paved streets, curbs, sidewalks, landscaped boulevards
and public sewer and water.
e. These areas should have convenient access to neighborhood business districts, parks
and elementary schools.
Recommendations:
6. Develop a comprehensive sidewalk system in the community that includes the
installation of new sidewalks and replacement of existing deteriorating sidewalks. Install
crosswalk improvements where appropriate.
S. Urban Design, Historic and Cultural Conservation
GOALS:
4. NEW DEVELOPMENT SHOULD CONTRIBUTE TO THE COMMUNITY QUALITY OF LIFE
AND ITS ATTRACTIVENESS AS A RETIREMENT AND TOURISM DESTINATION.
Policies:
2. Identify historic and cultural resources, and encourage the upkeep and rehabilitation of
historically and culturally significant structures and sites, consistent with national
rehabilitation guidelines.
3. Discourage the demolition of historically or culturally significant structures and sites.
4. Support the efforts of private owners and conservation groups to identify, protect,
rehabilitate, and reuse historic and cultural resources.
Recommendations:
1. Establish a local heritage commission to identify local landmarks, review alterations of
these landmarks, expand public outreach and education and further historical and
cultural conservation goals.
2. Encourage development of alternative arterials that will divert through traffic from the
downtown and surrounding neighborhoods.
3. Enhance safe pedestrian access through the downtown and surrounding
neighborhoods.
B. Lessening congestion in the streets and providing safe access
A proposal for traffic flow and possible encouraged routes of travel take into consideration
the following factors:
Hedges Elementary School
Existing residences and business
Proximity to arterials
A joint effort between community, city and DEV Properties will be needed to develop the
most desirable traffic flows and parking. The is little question that there will be increased
traffic; the question should be, "How can traffic be managed as it grows at the rate and
pace of the expected growth of the neighborhood, city and county?" Managed growth
along the lines of the Kalispell growth policy infers more residences, in turn more people,
in turn more vehicles.
Proximities to parks, schools and local businesses will encourage walking traffic. Along
with pedestrian friendly sidewalks, seating, landscaping and lighting; DEV Properties
hopes to promote a community who feels safely at ease to walk and ride so as to enjoy
their neighborhood.
C. Promoting safety from fire, panic and other dangers
A safety plan outlining easy access to fire lanes and emergency parking, access to fire
hydrants, emergency access and egress, safe routes and safe places will be established
within the construction timeline. Proper signage will be posted for both public and private
knowledge and understanding. Safety meetings amongst staff, tenants, residents and
owners will be an ongoing and continual process. Safety standards continually progress
as will the safety plan.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare
One of this projects main goals is to promote public interest along the lines of community
open spaces, public benches, walking routes, coffee shop gathering area, community
events and stronger, safer neighborhoods. This should help shape the positive welfare
and future of the historic Eastside and of Kalispell.
E. Preventing the overcrowding of land
As outlined in the PUD, the number of units has been preliminarily determined within a
reasonable degree. Exact percentage and use will be determined during construction and
layouts of interiors. Overcrowding and sprawl will be lessened due to the fact that there
will be less need to build on rural land. The need for unregulated `garage mother-in-law'
apartments, which are currently being constructed, could be lessened.
F. Avoiding undue concentration of population
The size and nature of the building lends itself to allowing a moderate number of units to
be placed within a city block. Ample parking and access allow for open spaces and
landscaping.
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities
Because it is an existing structure, all services are existing and would possibly only need
upgrades. Impact would be minimal compared to another `in city' developments trying to
meet the needs of the Growth Policy. After construction, a cohesive, unobtrusive
neighborhood will establish itself for years to come.
H. Giving reasonable consideration to the character of the district
The nature of the project primarily takes into account the Eastside's historical make-up.
Not only does the building meld with the neighborhood, but also, it would promote the
character of the historic district.
I. Giving consideration to the peculiar suitability of the property for particular uses
Considering the mix of ages within the Eastside itself, a need for apartments has been
established for peoples of all ages. Not only is there a longtime resident population who is
aging and would like to remain within their neighborhood; but also the Valley has an
appeal to the aging as a place to retire. Ironically, the same attributes which draw retiring
ones, also draws younger ones. The valley's activities and natural beauty beacon an
eclectic mix. One way this would be promoted is with live/work artist studios.
Recognizing the past and accepting the future requires a unique set of circumstances in
order for the two to grow together. It is DEV Properties' belief that the Courthouse East
Project is that setting.
J. Protecting and conserving the value of buildings
Another main goal of the Project is to protect and conserve the value of the Courthouse
East building. It could not fall in line any more parallel to this objective.
K. Encouraging the most appropriate use of land by assuring orderly growth
This project will allow for, and maintain an orderly growth within it's outlined limits. It's
proposed use makes efficient use of the property and assures orderly growth because of
it's proposed limits.
The signing of this application signifies approval for Tri-City Planning staff to be
present on the property for routine monitoring and inspection during approval
process.
(Applicant Signature) (Date)