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7. Conditional Use Permit - Cherry Orchard AptsCity of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Kalispell -Partners Limited Partnership 420 5th Avenue South P.O. Box 1086 LaCrosse, WI 54602-1086 LEGAL DESCRIPTION: Construction of a 24-unit apartment building for senior citizens, two (2) stories high and 521x18718" in size with a total gross floor area of approximately 19,500 square feet. Also proposed is a 24-space parking lot and a separate trash storage building. The parcel is described as Lot 6 in Liberty Village Subdivision, Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. OWNER: Kalispell Partners Limited Partnership 420 5th Avenue South P.O. Box 1086 LaCrosse, WI 54602-1086 ZONE: Low Density Residential Apartment, RA-1 The applicants have applied to the City of Kalispell for a conditional use permit to allow the construction of a 24-unit apartment building for senior citizens. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on October 20, 1998, 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 FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-98-7 as the Council's findings of fact, and issues and grants F:\wp\cup\kplpartners.wpd 1 to the above -described real property a conditional use permit to construct a 24-unit apartment building for senior citizens, Low Density Residential (RA-1) zoning district, subject to the following conditions: 1. The proposal will be developed in substantial compliance with the approved site plan and other application materials. The conditions herein shall be met prior to occupancy of the apartment building. 2. The proposal shall comply with the Kalispell Zoning Ordinance. The apartment building shall be managed so that at least 16 of the 24 units are occupied by persons 60 years or older, in order for the proposed 24-space parking lot to comply with zoning standards. The sign face shall not exceed 24 square feet in size or six feet in height. A three-foot high visual relief screen between the parking lot and Liberty Street in the form of a hedge, fence, planter box, berm or equivalent shall be provided. The trash storage building shall not be closer to Liberty Street than the apartment building. 3. The proposal shall comply with the Kalispell Design and Construction Standards. Sewer, water, drainage, and other applicable facilities shall be approved by the City Engineer. 4. The proposal shall comply with the Uniform Fire Code as approved by the Kalispell Fire Chief. The open portions of the property shall be mowed and maintained to comply with the Weed and Fire Hazard Ordinance. 5. The buildings shall comply with applicable building codes as approved by the Kalispell Building Department. 6. The proposed landscaping shall be modified to increase the number of screening trees on the west side of the building from one per 50 feet to one per 25 feet, in order to mitigate the street noise of Kinshella Avenue (a collector) when it is eventually completed and to enhance the appearance of the relatively massive, uniform F:\wp\cup\kplpartners.wpd 2 building from that street and the adjoining rural properties. 7. The property owner shall waive protest to future creation of an SID to construct Kinshella Avenue to meet City Standards for Design and Construction. 8. To accommodate pick-up of residents by Eagle Transit service, provide for an indoor waiting area at that north building entrance, including a window or glass door with a clear view of Liberty Street. SECTION II. The conditional use permit, herein granted, shall terminate 18 months from the date of issuance if commencement of the authorized activity has not begun. Dated this day of , 1998. Wm. E. Boharski, Mayor STATE OF MONTANA ) SS County of Flathead ) On this day of , 1998 before me, a Notary Public, personally appeared William E. Boharski, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires F:\wp\cup\kp1partner9.wpd 3 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 October 26, 1998 Glen Neier, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit for Kalispell Partners Limited Partnership Dear Glen: The Kalispell City -County Planning Board held a public hearing at their regular meeting of October 20, 1998 to consider a request by Kalispell Partners Limited Partnership for a conditional use permit to construct a 24-unit apartment building for senior citizens at 700 Liberty Street. The property is zoned RA-1, Low Density Residential. Steve Kountz with the Flathead Regional Development Office reviewed the proposed project for apartment building. Staff recommended approval of the proposal subject to nine conditions. Jeff Fox, representing the applicants, spoke in favor of the project saying that there was a great need for senior and low income house, especially in Montana. He said they had no objection to any of the conditions. No one spoke in opposition. A motion was made and seconded to adopt staff report KCU-98-7 as findings of fact and forward a recommendation to approve the conditional use permit subject to the nine conditions in the report. On a roll call vote the motion passed on a vote of seven in favor and none opposed. The recommended conditions are listed in Attachment A. This recommendation for approval is being forwarded to the City Council. Please schedule this matter for the November 2, 1998 regular City Council meeting. Please contact this board or Steve Kountz at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely,_ Kalis ell City -County Planning Board r'V.- 6i� Therese Hash President TFH/ SK/ sm Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Glen Neier October 26, 1998 Re: Conditional Use Permit for Kalispell Partners Limited Partnership Page 2 of 2 Attachments: Attachment A FRDO Report #KCU-98-7 Draft Minutes for the 10/20/98 planning board meeting c:w/Att: Theresa White, Kalispell City Clerk c:w/o Att: Kalispell Partners Limited Partnership Schutz Foss Architects Thomas, Dean & Hoskins H:\... \TRANSMIT \KALISPEL\98\KCU98-7 ATTACHMENT A KALISPELL PARTNERS LIMITED PARTNERSHIP CONDITIONAL USE PERMIT #IKCU-98-7 CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD OCTOBER 20, 1998 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. The conditions herein shall be met prior to occupancy of the apartment building. 2. The proposal shall comply with the Kalispell Zoning Ordinance. The apartment building shall be managed so that at least 16 of the 24 units are occupied by persons 60 years or older, in order for the proposed 24-space parking lot to comply with zoning standards. The sign face shall not exceed 24 square feet in size or six feet in height. Provide a three-foot high visual relief screen between the parking lot and Liberty Street in the form of a hedge, fence, planter box, berm or equivalent. The trash storage building shall not be closer to Liberty Street than the apartment building. 3. The proposal shall comply with the Kalispell Design and Construction Standards. Sewer, water, drainage, and other applicable facilities shall be approved by the City Engineer. 4. The proposal shall comply with the Uniform Fire Code as approved by the Kalispell Fire Chief. The open portions of the propem, shall be mowed and maintained to comply with the Weed and Fire Hazard Ordinance. 5. The buildings shall comply with applicable building codes as approved by the Kalispell Building Department. 6. Modify the proposed landscaping to increase the number of screening trees on the west side of the building from one per 50 feet to one per 25 feet, in order to mitigate the street noise of Kinshella Avenue (a collector) when it is eventually completed and to enhance the appearance of the relatively massive, uniform building from that street and the adjoining rural properties. 7. The property owner shall waive protest to the future creation of an SID to construct Kinshella Avenue to meet City Standards for Design and Construction. 8. To accommodate pick-up of residents by Eagle Transit service, provide for an in -door waiting area at that north building entrance, including a window or glass door with a clear view of Liberty Street. 9. The conditional use permit is valid for a period of 18 months from the date of authorization. H:\... \KCU (98\KCU98-7 KALISPELL LIMITED The public hearing was introduced on a request by Kalispell PARTNERSHIP CUP Limited Partnership for a conditional use permit to construct a 24- unit apartment building for senior citizens on 2.36 acres located at 700 Liberty Street. Staff Report Kountz gave a detailed overview of staff report #KCU-98-7. The application was evaluated in accordance with the statutory criteria for the issuance of a conditional use permit. Kountz said there was a concern with drainage on Liberty Street. Kountz said that both City and County staff have commented that Liberty Street has flooded at the end of the street in the past and as a response to that the site proposal has a significant stormwater detention pond at the south end of the property and the City standards require an engineered drainage plan. In regards to streets, Kountz said when Liberty Village was approved creating this lot, it also looked at requirements for constructing Kinshella Avenue; he said the fire chief described the area as a maze of dead end streets that was difficult to get around in in a high density area. Kountz said Kinshella was proposed on the master plan as a collector street running from Two Mile to Three Mile Drive and construction would greatly improve circulation. Kountz said when the Liberty Village was approved it required that 30 feet of right-of-way be dedicated to Kinshella Avenue and it also required that if the development in the subdivision fronts or uses Kinshella Avenue then the street must be constructed at the expense of the developer. Kountz said in the interim City Council abandoned that additional 30 feet, half of the right-of-way. Kountz said staff was recommending that the applicant waive protest to the future creation of an SID to construct Kinshell Avenue some time in the future. Kountz said one other access issue was that Eagle Transit does not pull into parking lots, and they would therefore stop at Liberty Street in front of the building; Eagle Transit would also recommend providing an in -door waiting area at that entrance, including a window or glass door with a clear view of the street. Based on the findings Kountz said staff was recommending approval of the conditional use permit. Public Hearing: In Favor Jeff Fox, Architect for Shutz Foss and representing Kalispell Partners Limited, spoke in favor of the proposal saying most communities in the United States, and most particularly Montana, have a need for senior and low income housing. Fox said the project would provide both. Fox said the residents that would live Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 12 of 16 in these apartments are low income with rents being subsidized through rural development with the Federal government dictating that one of the requirements to live in the apartments is 61 years of age or older, which also meetings the staffs requirement for parking. Fox said they had reviewed staff recommendations and were willing to comply with them, and that the addition of seating and windows in the north stairwell was a good idea. Opposition No one spoke in opposition. Board Discussion Hash asked if senior housing was exempt from the adult only fair housing act. Kountz said that Federal and State regulations require that senior housing that meets certain requirements with a certain percentage being over 50 years of age are exempt. Hash said there were a few Board members who were familiar with the area and Kinshella Avenue, and was surprised to have a requirement and then have the governing bodies abandoned it was leaving the whole criteria out in limbo. - Hash asked if there would be side walks on both sides of Liberty Street. Kountz replied that would be. Motion Bahr moved to adopt staff report #KCU-98-7 as findings of fact and recommend approval of the conditional use permit subject to the nine conditions listed. Garberg seconded the motion. Roll Call Vote On a roll call vote Brenneman, Garberg, Heinecke, Bahr, Stevens, Johnson and Hines voted aye. The motion to approve the conditional use permit carried on a 7-0 vote. WILLIAM AND The public hearing was introduced on A request by William and BRONWEN DEAN ZONE Bronwen Dean for a zone change from R-1 to B-2 on aproximately 5 CHANGE acres located at 1780 Highway 35 on the south side of the highway just west of Helena Flats Road Staff Report Kountz gave a detailed overview of Staff report #FZC-98-8A. Kountz said the previous proposal was for IH-1 Commissioners said it was spot zoning. Main difference between commercial and industrial is . Congestion of alterial road. Back part of site is in the 100-year floodplain.. Staff recommends denial. Hash asked if the letter received on 10/ 18 had an effect on his report. Kountx said no. Public Hearing In Favor Cork Andrews said he was representing the applicant. Copper Kalispell City -County Planning Board Minutes of Meeting of October 20, 1998 Page 13 of 16 -01 September 30, 1998 Steve Kountz Flathead Regional Development 723 5t' Avenue E Kalispell, Montana 59901 RE: Cherry Orchard Apartments -Kalispell Montana Dear Mr. Kountz: The purpose of my letter today is to request that the Cherry Orchards project gets on the agenda for the City council meeting to consider and approve the conditional use permit. We would like to be on the agenda for the meeting of November 2, 1998. Please do this at your earliest convenience because time is of the essence. We would then be able to pull our building permit, be started with our project by middle of November, and hopefully prevent any frost conditions. As I mentioned to you in an earlier letter, the budget on these types of projects are tight, so we are trying to prevent any additional cost that may be caused by a late start on construction. Thank you very much for your help that you have provided on this project. We look forward to working with you. Since;rely e er G�eerrard GERRARD CORPORATION CC: Jeff Fox GERRARD CORPORATION KALISPELL PARTNERS LIMITED PARTNERSHIP FLATHEAD REGIONAL DEVELOPMENT OFFICE CONDITIONAL USE PERMIT REPORT KCU-98-7 OCTOBER 13, 1998 A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a request for a conditional use permit to construct a 24-unit apartment building for senior citizens at 700 Liberty Street. A public hearing to review this request has been scheduled before the planning board on October 20, 1998, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the City Council for final action. BACKGROUND INFORMATION A. Petitioner: Kalispell Partners Limited Partnership 420 5' Av. S. P.O. Box 1086 LaCrosse, Wl 54602-1086 Technical assistance: Schutz Foss Architects 2710 1st Av. N. Billings, MT 59101 TD&H 690 N. Meridian Rd. Kalispell, MT 59901 B. Summary of Request: The request is for a conditional use permit to construct a 24- unit apartment building for senior citizens. The proposed wood -frame building would be two stories high and 52'x187'8" in size, for a total gross floor area of approximately 19,500 square feet. Each apartment would have one bedroom and gross floor area of approximately 575 square feet. One apartment would be used as a manager's residence. The building also includes a lobby, community room and laundry room. The site plan proposes a 24-space parking lot and a separate trash storage building. To demonstrate a potential use on the remainder of the L-shaped property, the site plan shows a possible future phase consisting of two residential four-plex buildings, which are not being proposed as part of this application. If 30 feet of the site is required to be dedicated in the future for Kinshella Av. (the existing right-of-way is only 30 feet wide), the parcel size would be 2.095 acres, and RA-1 zoning would allow only six additional dwellings in the second phase, rather than eight as shown on the site plan. C. Size and Location: The 2.36-acre property is located at 700 Liberty St. The parcel is described as Lot 6 in Liberty Village Subdivision, Section 12 Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. D. Existing Land Use and Zoning: The site is currently a vacant grassy field. The zoning is RA-9 Low Density Residential Apartment. The krt area requirement is met; which would allow up to 34 units on the 2.36-acre site. The setback requirements of 20 feet from each property boundary are met. The 35 foot maximum building height requirement is met; the proposed building height is approximately 28 feet. E. Surrounding Zoning and Land Uses Zoning: The vicinity is a developing multi- family housing neighborhood at the edge of the city limits. North: Liberty St., four-plex housing; RA-1 Residential Apartment zoning South: large -lot residential, open field; R-1 Suburban Residential zoning East: Multifamily housing; RA-1 Residential Apartment zoning West: large -lot residential, open field; R-1 Suburban Residential zoning F. Master Plan Designation: The Kalispell City County Master Plan Map designates this area as high density residential which anticipates eight to 40 dwelling units per acres. The proposed project is in compliance with the land use designation of the master plan map and furthers the goals of the master plan by providing for a diversity of housing needs in the community. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Montana Power Company Electric: Pacific Power 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: a. Adequate Useable Space: The site has adequate space to meet the zoning density, setback, and parking requirements. b. Adequate Access: The proposed parking lot for apartment building accesses Liberty Street, a paved city street with curb, gutter, and sidewalk. See the discussion below on streets. C. Environmental Constraints: The site is generally level, and no floodplain, surface water, wetland, or hyddc soils are mapped on the site. City and County staff commented that the end of Liberty St. in front of the site has flooded at times in the past. To accommodate site drainage, a large area for stormwater retention is shown on the site plan. The Kalispell Design and Construction Standards address the adequate provision of drainage facilities, including design of retention facilities and an engineered drainage report for new developments exceeding 10,000 square feet. The Kalispell Loam (Ke) soils mapped in the area of the proposed building and parking lot are rated by the Soil Conservation Service (now NRCS) as having only slight limitations for buildings but severe limitations for roads and parking lots due to frost heave potential (Soil Survey, 1960), like much of Kalispell. No other significant environmental constraints are apparent on the property. 2. Appropriateness of design: a. Parking and site circulation: The site plan shows a 24-space parking lot accessing Liberty St., designed to comply with the Kalispell Zoning Ordinance. Zoning regulations require'/2 parking space per dwelling in an elderly housing project where at least 90% of the units are occupied by persons 60 years or older. Dwellings in multi -family housing projects that do not meet this elderly housing standard are required to provide 2.5 spaces per unit. In order for the proposed 24-space parking lot to comply with zoning standards, the building must be managed so that at least 16 of the 24 units are occupied by persons 60 years or older. The site plan shows a loading space in front of the main building entrance and a T-turnaround at the south end of the parking lot. b. Open Space: The zoning requirements for setbacks and lot coverage are met. The remainder of the L-shaped site would remain open until a future phase is proposed. The Fire Chief pointed out that the Weed and Fire Hazard Ordinance requires mowing this portion of the site as a property management responsibility. C. Fencing/Screening/Landscaping: The site plan proposes landscaping around the building and parking lot. The site plan meets the zoning requirement for landscaping at least 5% of the total parking lot area. Zoning also requires a three-foot high visual relief screen between the parking lot and Liberty St. in the form of a hedge, fence, planter box, or berm. Staff recommends that the number of screening trees on the west side of the building be increased from one per 50 feet to one per 25 feet, to mitigate the street noise of Kinshella Av. (a collector) when it is eventually completed and to enhance the appearance of the relatively massive, uniform building from that street and the adjoining rural properties. d. Signs: The application includes a drawing for a routed wood sign 36 square feet in size. Zoning requires that the sign face be reduced to no more than 24 square feet, and the height must not exceed 6 feet. 3 3. Availability of Public Services/Facilities: a. Schools: This site is within School District #5. No impact is anticipated from the proposed senior housing project. b. Parks and Recreation: Hawthorn Park is within walking distance, approximately 1,100 feet from the site. 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 residential facility. The applicant has proposed that the building would have an automatic sprinkler system to meet Uniform Fire Code requirements. e. Water and sewer: The project would hook up to municipal water and sewer service. A utilities easement is in place along the east side of the parking lot. f. Solid Waste: Solid waste pick-up will be provided by the City. A trash storage building is proposed abutting the parking lot. Zoning regulations (27.22.020(3)(a)) require that accessory buildings can not be place in front of (closer to the street than) the primary structure. Ample space exists to meet this requirement. Its relocation would also make it more convenient for elderly residents of the apartment building. g. Streets: Traffic generation from the development is estimated at 80 average daily trips, based on estimates for retirement housing in the Institute of Transportation Engineers trip generation manual. The proposed parking lot for apartment building accesses Liberty Street, a paved city street with curb, gutter, and sidewalk. The site plan shows a possible second phase accessing Kinshella Av., but that phase is not part of this application. Development of this lot raises an issue about the necessity of constructing the adjacent portion of Kinshella Avenue. Kinshella Av. is not constructed, but is shown in the city county master plan as a collector street to extend from Two Mile to Three Mile Drive. The immediate neighborhood has a series of dead- end streets, including Liberty St., and construction of Kinshella would significantly improve the convenience of circulation and emergency access for a multifamily housing development as proposed. When Liberty Village subdivision was approved in 1993, condition 7 of plat approval required that an additional 30 feet of right-of-way be dedicated to Kinshella Av., to meet the 60- foot minimum right-of-way standard, and condition 8 required that if development in the subdivision fronts or uses Kinshella Av. (named Justice St. at that time), then the street must be constructed at the expense of the developer. The final plat of the subdivision dedicated the additional 30 feet from this lot, but in 1995 city council abandoned that 30 feet of right-of-way at 4 the request of the owner. Construction of the proposed building appears to trigger the condition 8 requirement, but the wording of the condition is somewhat ambiguous and its applicability is further complicated by city council's later abandonment of half of the street right-of-way. To address condition 8, provide eventually for improved access and circulation in this area, and provide for a fair allocation of street construction costs, staff recommends that the applicant waive protest to the future creation of an SID to construct Kinshella Av to meet City Standards for Design and Construction. The proposed building location is 50 feet from the existing Kinshella right-of-way, which is adequate room to accommodate additional future right-of-way dedication and zoning setback requirements. A second access issue is the provision of a waiting area for Eagle Transit, which would provide bus service to the elderly residents of the building. Eagle Transit staff commented that they will pick up residents on Liberty St. in front of the building, but they will not drive into the parking lot because it adds too much time to their routes and turnaround areas are often unplowed and used as overflow parking. The building has an entrance on Liberty St. Transit staff recommended provision for an in -door waiting area at that entrance, including a window or glass door with a clear view of the street. Development and land use impacts of the proposal are anticipated to be typical of other properties in the immediate neighborhood. Traffic generation for senior housing, as estimated above, would be less than that of a typical apartment building. Except during construction, no significant impacts are anticipated from noise, vibration, or dust. 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 impact 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. 5. Consideration of historical use patterns and recent changes: The proposal is compatible with the immediate area, where multi -family housing is the prevailing land use. The vicinity is a developing multi -family housing neighborhood at the edge of the city limits. The zoning is RA-1 Low Density Residential Apartment. 6. Effects on property values: No significant negative impacts on property values are anticipated. As discussed above, the proposal is compatible with the neighborhood, and the development and land use impacts would be typical of other properties in the area. RECOMMENDATION Staff recommends that the planning board adopt the staff report KCU-98-7 as findings of fact and recommend approval of the conditional use permit subject to the following conditions: 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. The conditions herein shall be met prior to occupancy of the apartment building. 2. The proposal shall comply with the Kalispell Zoning Ordinance. The apartment building shall be managed so that at least 16 of the 24 units are occupied by persons 60 years or older, in order for the proposed 24-space parking lot to comply with zoning standards. The sign face shall not exceed 24 square feet in size or six feet in height. Provide a three-foot high visual relief screen between the parking lot and Liberty St. in the form of a hedge, fence, planter box, berm or equivalent. The trash storage building shall not be closer to Liberty St. than the apartment building. 3. The proposal shall comply with the Kalispell Design and Construction Standards. Sewer, water, drainage, and other applicable facilities shall be approved by the City Engineer. 4. The proposal shall comply with the Uniform Fire Code as approved by the Kalispell Fire Chief. The open portions of the property shall be mowed and maintained to comply with the Weed and Fire Hazard Ordinance. 5. The buildings shall comply with applicable building codes as approved by the Kalispell Building Department. 6. Modify the proposedlandscaping to increase the number of screening trees on the west side of the building from one per 50 feet to one per 25 feet, in order to mitigate the street noise of Kinshella Av. (a collector) when it is eventually completed and to enhance the appearance of the relatively massive, uniform building from that street and the adjoining rural properties. 7. The property owner shall waive protest to the future creation of an SID to construct Kinshella Av to meet City Standards for Design and Construction. 8. To accommodate pick-up of residents by Eagle Transit service, provide for an in -door waiting area at that north building entrance, including a window or glass door with a clear view of Liberty St. 9. The conditional use permit is valid for a period of 18 months from the date of authorization. H A... tKC U (98\KCU 98-7 2 Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED USE: 24 Unit Elderly Apartments OWNER(S) OF RECORD: Name:Kalispell Partners Limited Partnership Mailing Address: 420 5th Ave. South, P.O. Box 1086 City/State/Zip: LaCrosse, WI 54602-1086 Phone: (608)782-4478 PERSONS) AUTHORIZED TO REPRESENT THE OVrNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Schutz Foss Architects Mailing Address: 2710 First Ave. North City/State,/Zip: Billings, MT 59101 Phone: (406) 252-921P LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: 700 Liberty Street No. 12 ship 28N No. 22W Subdivision Tract Lot Block Name: Liberty Village No(s). No(s). 6 No. 1. Zoning District and Zoning Classification in which use is proposed: 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. y b. Dimensions and shape of lot. X C. Topographic features of lot. X d. Size(s) and location(s) of existing buildings X e. Size(s) and location(s) of proposed buildings. X f. Existing use(s) of structures and open areas. X g. Proposed use(s) of structures and open areas. X 1 I On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the 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 certLy under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a pa:-t 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 sig*iing of this application signifies approval for the F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. n Signature Revised 10/30/97 is Date 2 i SCHUTZ r FOSS ARCHITECTS Question #3 A. Traffic flow to and from the proposed project will be considerably less than that which would be encountered with a typical 24 unit apartment building. With the exception of the on -site manager all of the residents will be elderly retired singles or couples. Therefore there will not be the daily traffic that is associated with travel to and from places of employment. There will also be no children living in the building and all of their associated transportation needs will not be present. B. Access to the building will be gained via a drive off of Liberty on the north side of the property. The access to the possible future four-plex units on the back potion will be gained by an extension of this new drive. C. The proposed project provides one off street parking stall for each apartment for a total of 24. With the residents being exclusively elderly this quantity exceeds the required 1/2 stall per unit for elderly housing. There is no proposed loading area for this project. D. We will be providing an enclosed covered trash enclosure for the dumpsters that is located immediately adjacent to the drive for easy access for refuse pick-up. There are on service areas proposed. E. The intent of this project is to access all of the necessary utilities either in Liberty street or in the existing utility easement on the east side if our property. We intend to tie into the existing sewer in the easement directly to the east of the building. We also would like to bring as many of the utilities south from Liberty in this same easement to serve this building as well as the possible future four-plexes. F. This project will if necessary provide screening trees or shrubs along the property lines that adjoin the Treasure State Plaza site. G. There will be a permanent sign for the building that will be place next to the drive. This sign will be a sand etched redwood sign that will identify the facility, the manager's apartment & phone and the rental information. Areas not utilizes for the building, parking or the drive will be used as open landscaped spaces or for storm water retention. The same will apply for the possible future four- plexes on the back of the lot. H. The proposed building is a two story wood frame building that is approximately 190' long by 52' wide and 28' tall. The structure will be placed approximately Schutz Foss Architects - 2710 First Ave. N. - Billings, MT 59101 - (406)252-9218 - FAX(406)252-6738 67' back in from the Liberty street property line and 2T away from the Justice street property line. The building will face the east. 1. The project proposes to have open spaces both to the north and the south of the building. The space to the south will be a landscaped storm water retention area. The north area will be left as a landscaped open space. J. There are no set hour of operation associated with this elderly housing apartment building. K. This facility will not produce any additional noise, dust, odors, fumes, or vibrations than would be associated with the typical residence. The building will have four lights mounted on the front of the building to light the parking lot. Schutz Foss Architects - 2710 First Ave. N. - Billings, MT 59101 - (406)252-9218 - FAX(406)252-6738 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That the application of 0. H. Whitescarver for approval of the subdivision of the property described In Exhibit "A" is hereby approved subject to the following conditions: 1. The plat shall be approved by the Department of Health and Environmental Sciences. 2. The preliminary plat is valid for a period of one year. Within that period of time, or as extended by the City, the applicant shall submit a final plat with attachments as required by the Kalispell Subdivision Regulations, to the City for final review and recording. 3. The undeveloped portion of Liberty Street right-of- way extending to the intersection of Justice Street shall be developed to City of Kalispell standards. This includes 40-foot travel surface plus curb and gutter along both sides of Liberty Street. Liberty Street shall terminate in a 55-foot radius temporary cul-de-sac. Additionally, 15-foot radius curves shall be dedicated to the City at each street intersection to allow property sidewalk placement. 4..;' Liberty Street shall have a five (5) foot wide ewalk on both sides. A boulevard shall be provided for street tree planting. 5. The existing 8" water main in Liberty Street shall be extended to the western end of Liberty Street and shall terminate in a fire hydrant. 6. The sewer main in Liberty Street shall be extended to the west end of the property. 7. Adequate right-of-way shall be added to Justice Street to create a 60-foot right-of-way. The additional dedication can be dedicated by the applicant or from the adjacent property to the west if the applicant can negotiate with adjacent property owner. 8. If any development of these lots fronts Justice Street or is intended to utilize Justice Street, then Justice Street must be developed as a City street at the expense of the developer. Development would include street travel surface, curb, gutter, sidewalks and temporary cul-de-sac measures. 9. Justice Street shall be renamed Kinshella. 4. 6 r i SE SAG-40— ac 68 i ! 3C 3G 48 4 =1- FS u 2 7 4 1 ! 0 26 • s 1 27__ z i t r26 = . SAH • 7 2 fr J j 25 5A toy i 7 r �( 24-- - 23 f + � SAC' 12 to s j 6A SAJ 13 r 11 i ! j 22 141 � e i ,— 3 j 3 1 SA is ( 2 25 24 23 22 1t j t r i 21 20 li 5A0 h..� 22 21 4CS _ SAE — �_— j Fy 1 j� 1 1 � SAGA i s 2 23 a 21 � 5AF � RA-1 � �1 � >b � e n u 1• 4A 1 4� 1n '� a 10 11 i i 1 y( 1 17 tt) ! 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