08. Conditional Use Permit - Calaway Brothers, LLCREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT Conditional Use Permit to construct multi -family (apartment) units in
an RA-3 zoning district
MEETING DATE: April 6, 2009
BACKGROUND: The Kalispell City Planning Board met on March 10th and held a public
hearing to consider a request from Tim Calaway to construct eight apartment buildings
encomencompassing Fire units nn nrnns�r4tr onnP� PA_2 (Rnoi�lAr�+ial Ar +mn—+ /(lff..Ai AA„1+;_
passing r vv uiii a.v v Ni—rill �' uVii�.0 i�[a-v tl�livlulillllGi.l 11YJ ".l All / VAxxllJ. IVA AI" —
family dwellings are listed as a conditionally permitted use in the RA-3 zoning district
The apartment buildings are being proposed over three parcels, approximately 4.8 acres in
size, which make up the project site. The three properties were rezoned from R-3 (Urban
Single Family Residential) to RA-3 in 2004. The project site currently has an existing
dwelling located on North Meridian Road with the address 1079 N. Meridian Road. The
4.8 acre project site can be described as Parcels A 8s B of Certificate of Survey 15239, and
Tract 1 of Certificate of Survey 11786 in Section 7, Township 28 North, Range 21 West,
P.M.M, Flathead County, Montana.
Kalispell Planning Department staff presented staff report KCU-09-2 and reviewed the
proposed site plan. staff noted two significant issues, building height and a road connection
to Underhill Court, both of which are discussed in the staff report and would significantly
affect the proposed project. Staff recommended approval of the conditional use permit
subject to 22 conditions.
During the public hearing, Rob Smith of A to Z Engineering, representing the developer,
spoke in favor of the proposal. He requested Condition 7, regarding a maximum peak roof
elevation, be deleted. Mr. Smith felt that the condition should be deleted based on the
following:
• The locations of the buildings are at a curve on the highway and the drivers should be
concentrating on negotiating the curve and not the view.
• The guardrails are designed to mitigate the headlight concern on future apartments.
In addition Mr. Smith also stated when city staff considers suggesting a more restrictive
limitation it is almost a scenic corridor restriction and if the city is looking at putting that
kind of restriction on a property it should not be a rule imposed upon a developer in the
midst of development but adopted after public meetings are held and the council adopts the
standards.
Regarding staffs recommendation of a 60 foot R/W and street connection to Underhill Court
Mr. Smith stated this requirement will have quite an impact on this development not only
because of the cost, $100,000 but the parking lots and buildings would have to be
relocated. Mr. Smith requested the board consider deleting or amending conditions # 1, 2, 9
Ss 13 and remove the requirement for the connection to Underhill Court. He did state that
the developer understands that connectivity is important and would certainly entertain
building walking paths that would connect the project to Underhill Court.
Tim Calaway, the developer requesting the use permit, compared the approved conditional
use permit from 2004 to this submittal and voiced the same objections to the issues of the
height of the 12-plex buildings and the requirement for a connection to Underhill Court.
Two residents on Underhill Court spoke during the public hearing. One resident
reiterated her objection to the street connection with Underhill Court and requested a
fence or wall be installed along the south boundary of the project site to prevent people from
walking through their yards from this proposed complex. The other resident on Underhill
Court had concerns with the Montana Department of Transportation's lack of right-of-way
maintenance along Highway 93 and thought a fence or wall should separate this complex
from the properties to the south. No one else spoke either for or against the project and the
public hearinv was closed.
During the planning board discussion the board first considered the height issue of the
two 12-plex buildings and recommended condition 7. A motion was made and seconded
to lower the peak roof height elevation to 3,045. This would place the buildings at or
below the road elevation of the highway. However this motion failed on a vote of 5 to 2.
The planning board further discussed the height issue and agreed with the staff's
recommendation based on the findings that the city has not protected this area as a scenic
corridor however there are other issues that would support the 3050 limit including the
headlight/safety and sound mitigation on future apartments within these buildings.
The planning board then focused on the recommended street connection from the project
site to Underhill Court. A motion was made and seconded to amend staffs conditions as
follows:
• Delete condition 1;
• Amend Condition #2 by deleting the phrase in the first sentence "and 60 foot" and
change right-of-ways to "right-of-way"; and delete the second bullet on Condition 2;
• Amend Condition #9 by deleting the phrase "and 60 foot right-of-way" in the second
sentence; and delete the phrase "at such time a city standard street connects
Underhill Court to North Meridian Road."; and
• Delete condition 13.
The motion to amend the above conditions was approved unanimously. The planning
board found that due to the substandard nature of Underhill Court and the traffic this
project would place onto Underhill Court if this project is built would negatively impact the
neighborhood. Therefore, the planning board is recommending in this situation the
connection to an existing street not be made.
A motion was then made and seconded to provide for a pedestrian connection from the
project site to Underhill Court. The motion was stated as follows:
• Prior to issuance of a certificate of occupancy for the 12-plex units a 10 foot paved
pedestrian access shall be completed that is a continuation of planned
pedestrian/bike pathways from the 12-plex units south to connect with Underhill
Court.
The motion was approved unanimously. The planning board then unanimously approved
the main motion to recommend the council approve the project with the conditions, as
amended by the planning board.
RECOMMENDATION: A motion to approve the conditional use permit with the 21
conditions recommended by the planning board would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
A i
Sean Conrad
Senior Planner
Report compiled: March 25, 2009
c: Theresa White, Kalispell City Clerk
w
My Webb
Interim City Manager
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Tim Calaway
Calaway Brothers, LLC
JVJ 11UVG1UG11U 1\VYLU
Bigfork, MT 59911
LEGAL DESCRIPTION: Parcels A and B of Certificate of Survey 15239, and Tract 1 of
Certificate of Survey 11786 in Section 7, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana
ZONE: Residential Apartment/Office, RA-3
The applicant has applied to the City of Kalispell for a conditional use permit to construct
eight multifamily units in an RA-3, Residential Apartment/Office zone. The buildings would range
from a 3,100 square foot 6-plex to a 5,600 square foot 12-plex for a total of sixty-five dwelling units.
A clubhouse would also be constructed.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
March 10, 2009, held a public hearing on the application, took public comment and recommended
that the application be approved subject to certain conditions.
After reviewing the application, the record, the KPD report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Kalispell Planning Department Conditional Use Report #KCU-09-2 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 multifamily units on property located at 1079 North Meridian Road in an RA-3,
Residential Apartment/Office zoning district subject to the following conditions:
General Conditions:
1. Street development within the 30-foot right-of-way shall be as follows:
30-foot right-of-way.
20-foot wide paved travel surface with curb, gutter and 5-foot landscaped boulevard on the
south side only. Note: Sidewalks will be installed outside the 30-foot right-of-way
Note: Front and side corner setbacks shall be measured from the future right-of-way line.
2. Prior to the city accepting the ownership and maintenance of the right-of-ways and streets the
streets shall be privately maintained and open for public use.
The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20).
a. 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
International Fire Code (2006).
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with International Fire Code
(2006).
d. It shall be noted on the fare, of the, plat that ha?ardn»c weed nhntPment ghali he,
provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
4. All utilities shall be placed underground.
5. 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.
6. The peak of the roof for the two twelve plex buildings shall not exceed an elevation of 3,050
feet.
Prior to Issuance of a Building Permit:
7. The developer shall submit a revised site plan for city staff to review and approve
incorporating all the conditions of approval prior to issuance of a building permit.
8. The developer shall provide the Public Works Department with a consent to dedicate the 30-
foot right-of-way, including sidewalk easements for the future city streets within the project
site.
9. The parking lot entrance serving the eight-plex shall be moved to the east to avoid future
traffic conflicts once the access drive off of North Meridian Road becomes a city street.
10. The developer shall provide the Public Works Department with the following plans which
comply with Kalispell's Design and Construction Standards:
• Water main lines
® Sewer main lines
® Stormwater drainage report
® Stormwater management for erosion/sediment control
® Future city streets
Note: Boulevard landscaping shall be reviewed and approved by the Parks and Recreation
Department
The plans shall be reviewed and approved by the Public Works Department prior to
construction.
11. Prior to issuance of the first building permit on the site a traffic impact analysis shall be
submitted to the public works department for their review and approval. The traffic impact
analysis shall be conducted in accordance with Section DS-05 of the Kalispell Standards for
Design and Construction.
12. Plans submitted to the Kalispell Architectural Review Committee shall include four sided
architecture and shall substantially comply with the application materials submitted. Note:
_ a a A -.-I- �c.1 � 1...:1.1:...--
IAIUI111GGLU1Q1 G111UG111811111CHU!, are r1Ul 11eeUGU orI U1G ea51 MUG Ul LIM UU11U111g'S d.UJdGGlll to
Highway 93.
13. Bike racks shall be included in the plans for each of the units that will accommodate a
minimum of five bicycles.
14. A revised landscape plan shall be provided to the Parks and Recreation Department for
review and approval. The plan shall specify groundcover, tree and shrub type and size at the
time of planting around the apartment buildings and the parking areas. The revised
landscape plan shall also focus on a combination of landscaping and fencing to screen the
garbage dumpsters.
Prior to issuance of a Certificate of Occupancy
15. Prior to issuance of a certificate of occupancy for the 12-plex units a 10 foot paved pedestrian
access shall be completed that is a continuation of planned pedestrian/bike pathways from the
12-plex units south to connect with Underhill Court.
16. The street, parking spaces, sidewalks serving the apartment complex, mailbox, and necessary
lighting shall be installed.
Note: The 20-foot wide street serving the four 6-plex units may be phased in one unit at a
time. Temporary turnarounds may be needed based on a review by the Kalispell Fire
Department.
17. A certification by a licensed engineer shall be submitted to the Public Works Department
stating that the improvements (water and sewer mains, streets, drainage plan) have been built
as designed and approved.
18. A letter from the Public Works Department shall be submitted to the Building Department
stating that all new city infrastructure (water and sewer mains) has been accepted by the city.
19. All required mitigation from the approved traffic impact analysis shall be completed.
20. Bike racks shall be installed per the approved plan.
21. All landscaping shall be installed per the approved landscape plan or bonded for.
Dated this 6th day of April, 2009.
STATE OF MONTANA
ss
County of Flathead
Pamela B. Kennedy
Mayor
On this day of , 2009 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
Printed Name:
Residing at Kalispell, Montana
My Commission Expires
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.coni/planning
March 25, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit to construct multi -family (apartment) units in an RA-3
zoning district
Dear Myrt:
The Kalispell City Planning Board met on March 10th and held a public hearing to consider
a request from Tim Calaway to construct eight apartment buildings encompassing 65
units on property zoned RA-3 (Residential Apartment /Office). Multi -family dwellings are
listed as a conditionally permitted use in the RA-3 zoning district.
The apartment buildings are being proposed over three parcels, approximately 4.8 acres in
size, which make up the project site. The three properties were rezoned from R-3 (Urban
Single Family Residential) to RA-3 in 2004. The project site currently has an existing
dwelling located on North Meridian Road with the address 1079 N. Meridian Road. The
4.8 acre project site can be described as Parcels A & B of Certificate of Survey 15239, and
Tract 1 of Certificate of Survey 11786 in Section 7, Township 28 North, Range 21 West,
P.M.M, Flathead County, Montana.
Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-2
and reviewed the proposed site plan. He noted two significant issues, building height and a
road connection to Underhill Court, both of which are discussed in the staff report and
would significantly affect the proposed project. Staff recommended approval of the
conditional use permit subject to 22 conditions.
During the public hearing, Rob Smith of A to Z Engineering, representing the developer,
spoke in favor of the proposal. He requested Condition 7, regarding a maximum peak roof
elevation, be deleted. Mr. Smith felt that the condition should be deleted based on the
following:
• The locations of the buildings are at a curve on the highway and the drivers should be
concentrating on negotiating the curve and not the view.
• The guardrails are designed to mitigate the headlight concern on future apartments.
In addition Mr. Smith also stated when city staff considers suggesting a more restrictive
limitation it is almost a scenic corridor restriction and if the city is looking at putting that
kind of restriction on a property it should not be a rule imposed upon a developer in the
midst of development but adopted after public meetings are held and the council adopts the
standards.
Regarding staffs recommendation of a 60 foot R/W and street connection to Underhill Court
Mr. Smith stated this requirement will have quite an impact on this development not only
because of the cost, $100,000 but the parking lots and buildings would have to be
relocated. Mr. Smith requested the board consider deleting or amending conditions #1, 2, 9
& 13 and remove the requirement for the connection to Underhill Court. He did state the
developer understands that connectivity is important and would certainly entertain building
walking paths that would connect the project to Underhill Court.
Tim Calaway, the developer requesting the use permit, compared the approved conditional
use permit from 2004 to this submittal and voiced the same objections to the issues of the
height of the 12-plex buildings and the requirement for a connection to Underhill Court.
Two residents on Underhill Court spoke during the public hearing. One resident
reiterated her objection to the street connection with Underhill Court and requested a
fence or wall be installed along the south boundary of the project site to prevent people from
walking through their yards from this proposed complex. The other resident on Underhill
Court had concerns with the Montana Department of Transportation's lack of right-of-way
maintenance along Highway 93 and thought a fence or wall should separate this complex
from the properties to the south. No one else spoke either for or against the _project and the
public hearing was closed. -
During the planning board discussion the board first considered the height issue of the
two 12-plex buildings and recommended Condition 7. A motion was made and seconded
to lower the peak roof height elevation to 3,045. This would place the buildings at or
below the road elevation of the highway. However this motion failed on a vote of 5 to 2.
The planning board further discussed the height issue and agreed with the staff's
recommendation based on the findings that the city has not protected this area as a scenic
corridor however there are other issues that would support the 3050 limit including the
headlight/safety and sound mitigation on future apartments within these buildings.
The planning board then focused on the recommended street connection from the project
site to Underhill Court. A motion was made and seconded to amend staff conditions as
follows:
• Delete condition 1;
• Amend Condition #2 by deleting the phrase in the first sentence "and 60 foot" and
change right-of-ways to "right-of-way"; and delete the second bullet on Condition 2;
• Amend Condition #9 by deleting the phrase "and 60 foot right-of-way" in the second
sentence; and delete the phrase "at such time a city standard street connects
Underhill Court to North Meridian Road."; and
• Delete condition 13.
The motion to amend the above conditions was approved unanimously. The planning
board found that due to the substandard nature of Underhill Court and the traffic this
project would place onto Underhill Court if this project is built it would negatively impact
the neighborhood. Therefore, the planning board is recommending in this situation the
connection to an existing street not be made.
A motion was then made and seconded to provide for a pedestrian connection from the
project site to Underhill Court. The motion was stated as follows:
• Prior to issuance of a certificate of occupancy for the 12-plex units a 10-foot paved
pedestrian access shall be completed that is a continuation of planned
pedestrian/bike pathways from the 12-plex units south to connect with Underhill
Court.
The motion was approved unanimously. The planning board then unanimously approved
the main motion to recommend the council approve the project with the conditions, as
amended by the planning board.
Please schedule this matter for the April 6, 2009 regular City Council meeting. You may
contact this board or Sean Conrad at the Kalispell Planning Department if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
6 11 " H. ;J, ,
Bryan H, Schutt
President
Attachments: Letter of transmittal
Staff Report #KCU-09-2 and supporting documents
Draft minutes from the 3 / 10 / 09 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Tim Calaway
Calaway Brothers, LLC
365 Riverbend Road
Bigfork, MT 59911
A2Z Engineering
115 Commons Way Suite 201
Kalispell, MT 59901
EXHIBIT A
CALAWAY CONDITIONAL USE PERMIT
KALISPELL CITY PLANNING BOARD
MARCH 10, 2009
The Kalispell City Planning Board held a public hearing on this matter at the regularly
scheduled planning board meeting on March 10, 2009. The following conditions are
recommended with approval of the conditional use permit:
1.
General Conditions:
Street development within the 30-foot right-of-way shall be as follows:
• 30-foot right-of-way:
20-foot wide paved travel surface with curb, gutter and 5-foot landscaped
boulevard on the south side only. Note: Sidewalks will be installed outside
the 30-foot right-of-way
Note: Front and side corner setbacks shall be measured from the future right-of-
way line.
2. Prior to the city accepting the ownership and maintenance of the right-of-ways and
streets the streets shall be privately maintained and open for public use.
3. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the Fire Department: (Kalispell Subdivision Regulations,
Section 3.20).
a. 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 International Fire Code (2006).
b. Fire hydrants shall be provided per City specifications at locations approved by
this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire
Code (2006).
d. It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
4. All utilities shall be placed underground.
5. 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.
6. The peak of the roof for the two twelve plex buildings shall not exceed an elevation
of 3,050 feet.
Prior to Issuance of a Building Permit:
7. The developer shall submit a revised site plan for city staff to review and approve
incorporating all the conditions of approval prior to issuance of a building permit.
8. The developer shall provide the Public Works Department with a consent to
dedicate the 30-foot right-of-way, including sidewalk easements for the future city
streets within the project site.
9. The parking lot entrance serving the eight-plex shall be moved to the east to avoid
future traffic conflicts once the access drive off of North Meridian Road becomes a
city street.
10. The developer shall provide the Public Works Department with the following plans
which comply with Kalispell's Design and Construction Standards:
• Water main lines
• Sewer main lines
• Stormwater drainage report
• Stormwater management for erosion/sediment control
• Future city streets
Note: Boulevard landscaping shall be reviewed and approved by the Parks and
Recreation Department
The plans shall be reviewed and approved by the Public Works Department prior to
construction.
11. Prior to issuance of the first building permit on the site a traffic impact analysis
shall be submitted to the public works department for their review and approval.
The traffic impact analysis shall be conducted in accordance with Section DS-05 of
the Kalispell Standards for Design and Construction.
12. Plans submitted to the Kalispell Architectural Review Committee shall include four
sided architecture and shall substantially comply with the application materials
submitted. Note: Architectural embellishments are not needed on the east side of
the buildings adjacent to Highway 93.
13. Bike racks shall be included in the plans for each of the units that will
accommodate a minimum of five bicycles.
14. A revised landscape plan shall be provided to the Parks and Recreation Department
for review and approval. The plan shall specify groundcover, tree and shrub type
and size at the time of planting around the apartment buildings and the parking
areas. The revised landscape plan shall also focus on a combination of landscaping
and fencing to screen the garbage dumpsters.
Prior to issuance of a Certificate of Occupancy:
15. Prior to issuance of a certificate of occupancy for the 12-plex units a 10 foot paved
pedestrian access shall be completed that is a continuation of planned
pedestrian/bike pathways from the 12-plex units south to connect with Underhill
Court.
16. The street, parking spaces, sidewalks serving the apartment complex, mailbox, and
necessary lighting shall be installed.
Note: The 20-foot wide street serving the four 6-plex units may be phased in one
unit at a time. Temporary turnarounds may be needed based on a review by the
Kalispell Fire Department.
17. A certification by a licensed engineer shall be submitted to the Public Works
Department stating that the improvements (water and sewer mains, streets,
drainage plan) have been built as designed and approved.
18. A letter from the Public Works Department shall be submitted to the Building
Department stating that all new city infrastructure (water and sewer mains) has
been accepted by the city.
19. All required mitigation from the approved traffic impact analysis shall be completed.
20. Bike racks shall be installed per the approved plan.
21. All landscaping shall be installed per the approved landscape plan or bonded for.
TIM CALAWAY
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-09-02
MARCH 3, 2009
A report to the Kalispell City Planning Board and Kalispell City Council regarding a request
for a conditional use permit to construct multi -family (apartment) units in an RA-3 zoning
district. A public hearing to review this request has been scheduled before the planning
board on March 10, 2009, in the Kalispell City Council Chambers. The planning board will
forward a recommendation to the city council for final action.
BACKGROUND INFORMATION:
A. Owner/Petitioner: Tim Calaway
Calaway Brothers, LLC
365 Riverbend Road
Bigfork, MT 59911
(4061 R.27-S44n
.__, __. _ .._
Technical Assistance: A2Z Engineering
115 Commons Way Suite 201
Kalispell, MT 59901
(406) 755-7888
B. Summary of Request: This is a request for a CUP (conditional use permit) to construct
eight apartment buildings encompassing 65 units on property zoned RA-3 (Residential
Apartment /Office). Multi -family dwellings are listed as a conditionally permitted use in
the RA-3 zoning district.
The same developer, Calaway Brothers, LLC received a conditional use permit from the
city council in June of 2004. That use permit (KCU-04-4) approved a total of 67 units,
with buildings ranging from six units to twelve units, and a common clubhouse
building. The following standard condition was placed on the permit:
13. 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.
The conditional use permit was issued on June 7, 2004 validating the permit for an
initial period to December 7, 2005. A request was submitted by Tim Calaway for a six
month extension on December 5, 2005. The extension was granted by the planning
department until June 7, 2006. The last correspondence from the developer was
received by the planning department on January 5, 2007. The letter was an update on
the status of the project however no time extension was requested. Since no extension
request was provided to the planning department prior to the June 7, 2006 deadline, no
further extensions were granted for the conditional use permit. In accordance with
condition 13 stated above, the permit became void. The developer has therefore
resubmitted a conditional use permit application for the following:
• Construct eight buildings containing 65 units ranging in size from a 3,100 square
foot six-plex to a 5,600 square foot twelve-plex.
• The apartment buildings will vary between two, three and four stories but be under
the 40 foot maximum building height.
• The development will include one 2,000 square foot clubhouse in the southeast
portion of the project site adjacent to a small park.
• Vehicle access will be from North Meridian Road and parking will be provided by
adjacent parking lots with several buildings using the first floor of the building as
parking.
During the review of the proposed project the public works and planning departments
are recommending a street connection from the project site to an existing 51-foot right-
of-way on the south end of the site. This street connection is recommended to be
constructed to city standards with the city taking over the ownership and maintenance
of the street in the future. This recommendation will impact the proposed design of the
project. A full discussion of this recommendation can be found on page 4, adequate
arrest —and nave 10 streets of t1nis staff rnr�nrt
C. Size and Location: This parcel contains approximately 4.8 acres and is located
between North Meridian Road and Hwy 93 north of Underhill Court and south of Three
Mile Drive. The property address is 1079 N. Meridian Road. The property can be
described as Parcels A & B of Certificate of Survey 15239, and Tract 1 of Certificate of
Survey 11786 in Section 7, Township 28 North, Range 21 West, P.M.M, Flathead
County, Montana.
D. E2isting Land Use and Zoning: This property currently has an existing dwelling
located on North Meridian Road with the address 1079 N. Meridian Road. The property
consists of three parcels approximately 4.8 acres in size. The three properties were
rezoned from R-3 (Urban Single Family Residential) to RA-3 in 2004.
The RA-3 zoning district is a residential apartment -office district which provides for
professional, governmental, and private offices, banks, and similar institutions, cultural
and governmental facilities and limited business at locations where they are compatible
with residential apartment uses and where it is not deemed desirable to permit a more
intensive business activity of a retail nature. The RA-3 zoning district conditionally
permits multi -family dwellings (apartments) to coincide with such commercial uses.
The density allowed under this zone is 7,000 square feet for the first duplex and 1,500
square feet for each additional unit. This gives an overall density for the 4.8 acre project
site of 137 dwelling units. However it is probably unrealistic to achieve this density
given setback, height restrictions and parking requirements for each dwelling unit. This
density would also far exceed the density parameters under the Urban Residential land
use designation of the properties as shown on the Kalispell Growth Policy Future Land
Use Map.
2
E. Surrounding Land Use and Zoning: This is a transitional area. Many of the
residential buildings on Meridian are being converted to commercial or business uses.
Additionally, US Highway 93 lies up an embankment to the northeast and provides
separation from the Health Care zoning on the other side. With the two major traffic
corridors to the east and west, the site is less suited for single-family uses than for
multi -family or office type uses. South of the project site is an existing apartment
complex and three single family residences located off of Underhill Court.
North: Single-family homes and offices, RA-3 and R-3 zoning
East: US Highway 93, H-1 zoning
South: Apartments and single family residential, RA-3 and R-3 zoning
West: Meridian Road; R-5 zoning
F. Relation to the Growth Policy: The Kalispell Growth Policy, adopted in February of
2003 by the city council, is a guide for future growth in the city. The introduction of
the growth policy states, "When considering zoning, subdivisions and other
development issues, the development should be in substantial compliance with the
goals and policies of the growth policy." The recommendations found in this report are
based on the goals and policies contained in the growth policy. Specific goals or
polices are cited within this report to provide the rational for staffs recommendation
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planning board and city council's consideration when recommending and deciding on
whether the conditional use permit should be approved, conditionally approved or
denied.
The Kalispell Growth Policy 2020 recognizes this area as suitable for Urban
Residential development. Anticipated density would be between three to twelve
dwelling units per acre. Some limited office uses would also be anticipated in these
areas. Also, the Meridian Road corridor is planned for Urban Mixed Uses, including
offices, residential, and limited commercial and industrial uses.
The proposed apartments under consideration have a density of approximately 13
dwelling units per acre (65 units / 4.8 acres). This dwelling unit density falls well
within the maximum density allowances of the RA-3 zoning district. At 13 dwelling
units an acre the density is just slightly higher than the dwelling unit densities
recommended in the Urban Residential land use designation. However, the growth
policy densities should be used as a general guide for development densities and not a
regulatory maximum.
Chapter 3, Land Use: Housing, of the Kalispell Growth Policy anticipates small
dispersed areas of multi -family housing in areas designated as urban residential and
recommends the location of multi -family dwellings depends on the character of the
surrounding neighborhoods and anticipated trends. The proposed project is in
general compliance with the land uses for this area and furthers the goals of the plan
by providing for a diversity of housing options in the community.
G. Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell or Evergreen Disposal
Gas:
Northwestern Energy Company
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:
a. Adequate Useable Space: The site has adequate space to meet the zoning density,
setback and parking requirements as well as to provide for landscaping and adequate
circulation within the site. RA-3 zoning dictates a minimum lot size of 7,000 square
feet plus 1.500 sauare feet for each unit bevond a duplex_ Therefore_ the mnxim,im
density permitted on this 4.8 acre site would be 137 units. RA-3 zoning allows for up
to 45% of the lot to be occupied by the principal structures. 45% of 4.8 acres is
slightly over 94,000 square feet. The footprint of all the buildings (including the
clubhouse) will occupy approximately 33,700 square feet. This proposal is well within
the confines of the lot coverage limits.
To provide some useable green space within the project site the developer has oriented
the six plex units to face one another with a landscaped area varying between 30 feet
to 45 feet between the two buildings. There is also a small park area, roughly 50 feet
wide and 80 feet long, just north of the common building and manager's quarters.
The site plan identifies this area as the main park with amenities. These amenities
include several barbeque pits and picnic tables. Overall the site plan notes 1.75 acres
of useable open space. This would include those areas between the buildings and
main park area.
The eastern portion of the property has slopes approaching 20%. Slopes of this nature
do not preclude development, but they will require more attention to grading and
design. The slopes also provide opportunities to use the terrain to highlight scenic
views to the west and southwest for the future apartment units.
b. Adequate Access: As shown on the site plan, access to the site is provided from North
Meridian Road. An access driveway, 20 feet wide, would extend from North Meridian
Road east and serve all the apartment buildings for the project. Parking lots serving
the parking needs of the individual units are located off of the main access driveway
except for the two twelve unit buildings on the east side of the project site. Here,
parking is provided along the access driveway and on the first floor of each of the
buildings.
During the review of the project the public works department discussed with the
4
developer the need for a future city street connection from this property north,
eventually ending at the intersection of Three Mile Drive and North Meridian Road.
The potential for additional RA-3 zoning for properties north of the project site and
additional commercial business and/or multi -family buildings could bring significant
development, and vehicular traffic, to this immediate area. The proposed future street
connection shown in blue in figure 1 would provide a looped city street off of North
Meridian Road to provide vehicles with options onto North Meridian Road. Three Mile
and North Meridian Road is a signalized intersection in all four directions. The future
street connection would take advantage of the existing signalized intersection. The
future city street also provides an alternative access to lots north of this site to limit or
prohibit the increase in driveways off of North Meridian Road.
Figure 1: Future street alignments
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North Meridian Road is designated as a minor arterial in the Kalispell Growth Policy,
chapter 10, Transportation. Policy 6 of chapter 10 of the Kalispell Growth Policy
states, "Provide access to individual lots by way of local streets to the maximum extent
feasible and avoid granting individual access on to collectors and arterials." By
requiring the developer to construct half of a city street at this time, with the
remainder of the street constructed once development occurs north of the project site,
would be in accordance with policy 6.
Along the south boundary of the 4.8 acre project site are the Meridian Pointe
apartments and lots 7, 8 and 9 of the Underhill Subdivision No. 2. Underhill
Subdivision No. 2 was approved in 1977 and required at that time to furnish a general
5
right-of-way easement, 51 feet wide, for the orderly street and traffic purposes to join
Underhill Subdivision No. 2 with any future annexation to the north. The recorded
plat of Underhill Subdivision No. 2 shows tracts "C" and "D", each 25.5 feet in width
as an easement. A quit claim deed for these two tracts was deeded to the City of
Kalispell in December of 1996.
The 4.8 acre project site was annexed into the city in June of 1989. The only
development on the 4.8 acre project site is a single family residence on the west side of
the property, adjacent to North Meridian Road.
The previous use permit issued for the project site in 2004 provided for a 20-foot wide
access road connecting to the existing street and easement in Underhill Subdivision
No. 2. During the planning board's public hearing in May of 2004 the board heard
from several residents on Underhill Court and West Arizona who did not want the road
connection to Underhill Court. Their main objection was that the streets, Underhill
Court and West Arizona, were narrow with no sidewalks and a place where children
sometimes play. Given the current state of the roads, the neighbors felt that increased
traffic into their neighborhood was not appropriate. Based on these comments the
planning board recommended the access onto Underhill Court be emergency ingress
and egress only. This condition was approved by the city council.
There is little data on the exact traffic volumes for West Arizona and Underhill Court.
Based on development along both of these streets, 30 residential homes utilize West
Arizona and Underhill Court from the intersection of West Arizona and 5th Avenue WN
west to the end of West Arizona. Both Underhill Court and West Arizona have a
pavement width of approximately 24 feet. Figure 2-4 of the Kalispell Area
Transportation Plan 2006 Update places an annual average daily traffic (AADT - the
average daily traffic averaged over a full year) volume at the intersection of West
Arizona and 5+h Avenue WN of 330 vehicles.
The project site plan shows access off of North Meridian Road only, with provisions for
street construction and access for land north of the project site. Developments which
occur in or on the outskirts of the city have historically been required to provide
additional access points on either the north, south, east or west boundaries of the
project to provide for a continuation of streets to undeveloped or underdeveloped
adjacent properties. Providing for a continuation of a street network gives vehicular,
bicycle and pedestrian traffic alternative routes to and from other places in the city so
that not one road is overly burdened with traffic. The current street network for
residential and commercial development north of US Highway 2 (Idaho Street) and
between North Meridian Road and US Highway 93 has one designated street for an
east -west connection besides US Highway 2. This connection is West Wyoming Street.
The Kalispell Growth Policy, Chapter 10, Transportation cites the issue of the lack of a
well established grid system in some areas. To address this issue goal 1 of chapter 10
states, "Provide a comprehensive traffic circulation system that serves the combined
needs of the community and the region, and that provides safe, convenient and
economical access to all transportation facilities throughout the area."
As mentioned earlier in this report the purpose of future street right-of-ways placed at
a subdivision or project's boundary is to allow for the continuation of streets. This
C01
was the purpose of the 51 foot right-of-way within Underhill Subdivision No. 2. To
carry through with the right-of-ways purpose the planning and public works
departments are recommending the site plan be revised to provide for a 60-foot wide
right-of-way. Within this right-of-way a street meeting city design standards (paved
28-foot wide driving surface, curb, gutters, landscaped boulevard and sidewalk on
both sides of the street) would be constructed. The street would extend from the
future city street intersection just west of the proposed nine plex over to the Underhill
Court extension. This connection is indicated in green in figure 1. This street would
be privately maintained and the easement would be held in reserve until such time the
access drive from North Meridian Road is further developed by the property
immediately north, identified as assessor's tract 6BS. At that time a city street would
extend from North Meridian Road over to Underhill Court and the maintenance and
associated right-of-ways would be turned over the city.
Concerns at the May 2004 planning board hearing included the fact that increased
traffic will occur if Underhill Court connection is made to the proposed apartment
development. These concerns are valid, however, living in an urban area with a public
right-of-way connection to vacant land makes the increase of traffic in this area likely.
Concerns with this new connection being used as a new thoroughfare between North
Meridian Road and Highway 93 will most likely not occur. This is based on the
relativelv narrow streets_ intersections and tnnnrranhv of the etrer->tc ail of urhinh rin
not provide for faster vehicle speeds. The current collector or arterial streets
experiencing non -local traffic such as 5+h Avenue West, 3rd and 4+h Avenues East are all
long straight streets with protected intersections. This enables vehicle traffic to move
through the neighborhoods uninterrupted with multiple stops and at slightly higher
speeds. This would not be the case if Underhill Court is connected with North
Meridian Road.
The alternative is to leave the Underhill Court connection closed altogether or closed
except for emergency access. This does not comply with the intent of the Underhill
Court right-of-way extension or the Kalispell Growth Policy. Furthermore, the
Kalispell Transportation Plan 2006 Update, under the Executive Summary, states, "In
newly developing areas, plan for a "grid" transportation system whenever possible.
Cul-de-sacs are increasingly being eliminated in current planning because they deter
connectivity in the transportation system and force unbalanced travel characteristics
in many neighborhoods."
c. Environmental Constraints: The site has some relatively steep slopes to the east that
appear to be approximately 20 percent with the site generally draining to the
southwest. No floodplain, surface water or wetlands are evident on the site. An
engineered drainage plan will be required to be submitted to the Kalispell Public
Works Department in conjunction with the building permit application. The drainage
plan must utilize on -site retention of storm -water. No significant environmental
constraints are apparent on the property.
2. Appropriateness of design:
a. Parking and site circulation: Two parking spaces are required for each unit.
Therefore, one hundred thirty (130) parking spaces are required for the sixty five units
proposed on the site. The site plan shows 134 spaces on -site not counting the
7
proposed parking under the two twelve-plex buildings and one eight-plex. The parking
plan utilizes a number of smaller parking areas scattered throughout the site. These
parking areas provide adequate access and turnaround areas however some
significant changes will be required for the parking lots serving the two twelve-plex
units and the managers/common building to accommodate the city street
recommended through this portion of the project site.
Traffic circulation within the site is generally good and there appears to be adequate
back-up space for the parking and turnaround areas. The public works department is
recommending the parking lot entrance serving the eight-plex be moved to the east to
avoid future traffic conflicts once the access drive off of North Meridian Road becomes
a city street.
The proposed apartment buildings are located in close proximity to several schools,
the hospital and businesses making the probability of bicycling to these uses high.
Therefore, staff recommends installing bicycle racks throughout the project. This will
reduce the likelihood that common areas, light poles and trees will be used as de -facto
bike racks. Pursuant to section 27.26.040(9) of the zoning ordinance, up to 5% of the
required off-street parking can be reduced with the incorporation of bicycle racks on
the site. The reduction ratio is for every five bicycle racks provided one parking space
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element of the plan, can also count towards the overall parking reduction if the
developer chooses.
b. Open Space: No specific open space requirements exist in the zoning regulations for a
development of this type. The zoning requirements for setbacks and lot coverage have
been met. There is adequate space on the site to accommodate landscaping and the
proposed parking areas. A clubhouse is proposed near the southeastern portion of the
site that incorporates some green space to the north that can be developed and used
as a picnic and play area. The six-plex units include a 30 to 40 foot open space area
between both of the buildings to provide separation and landscaping between the
buildings. This separation of buildings is similar to the Meridian Pointe apartment
units immediately south.
Figure 2: View between the existing apartment buildings in Meridian Pointe
apartment complex immediately south of the project site.
9
C. Fencing/Screening/Landscaping: The site plan shows landscaping to be installed
around each of the buildings but no speck plan has been submitted. The application
mentions planting hedge row bushes along the adjoining residential areas. It also
indicates a combination of deciduous and evergreen plants/trees will be planted
throughout the development to break up building lines.
As a recommended condition of approval a final landscape plan should be created
which calls out tree and shrub type and size at the time of planting as well as grass for
groundcover around the apartment buildings and the parking areas. The landscape
plan should focus on a combination of trees, bushes and green groundcover along the
southern project boundary to help buffer the apartment buildings from the adjacent
single family residences in the Underhill Subdivision.
Another area of focus for the landscape plan should be around each of the dumpster
sites shown on the site plan. The dumpsters should be screened by landscaping,
fencing or a combination of the two. This plan would be reviewed and approved by the
Parks and Recreation Department prior to issuance of a building permit for each
building. The landscaping would be required to be installed or bonded for prior to
receiving a certificate of occupancy for each apartment building.
d Architectural design: The developer has included a typical elevation of the front of the
proposed twelve plex. The elevation indicates a 4:12 pitch roof with decks for the
second and third story units. Horizontal siding makes up the majority of the siding
with rock or brick work used on the bottom 1/4. The windows are framed with accent
molding with four vertical wall columns running from the ground to the roof soffit to
divide the decks for the individual units.
The Kalispell Architectural Design Standards require multi -family buildings to apply
architectural elements on all sides of the structure visible from public rights -of -way
and/or adjacent residential zones. This would therefore require the buildings on the
site to incorporate elements of the front elevation for all their sides except for the units
built into the hillside on the east side of the project site. The Planning Department is
trying to discourage large, vacant walls and sterile building design which has
happened on previous apartment projects. The final elevation designs will require the
approval of the Kalispell Architectural Review Committee prior to issuance of a
building permit.
e. Sims: No specific dimensions or drawing of a sign was included with the application.
The application does state that a small sign to identify the complex would be used.
The sign is intended to be neutral in color and blend with the architectural theme of
the development. 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.
f. Height of buildings: The eastern boundary of the project site includes the west facing
slope of a hillside with Highway 93 cut into the hillside east of the project site's
boundary. The highway is therefore elevated above this property and properties to the
north of this site. Vehicle traffic traveling along this stretch of the highway is provided
an uninterrupted view of the west parts of town and the hills west and south of town.
During the previous planning board hearing in May of 2004 the minutes reflect that
the planning board chair asked how much of the roofline would be seen from Highway
93. The developer stated that the roofline of the buildings adjacent to Highway 93
would be at the highway level. The proposed buildings at that time were two story
buildings with the majority of the parking located to the east of the buildings.
The proposed site plan shows two twelve plex apartment buildings on the eastern
portion of the project site adjacent to the highway right-of-way. A cross section of the
proposed 12 plex building indicates that the buildings third level would be eye level
with the highway with the peak of the roof another six to eight feet above the third
level. Based on the submitted cross section the building would extend approximately
15 feet above the travel surface of the highway. With the height of the proposed
apartment building extending above the surface elevation of the highway the planning
department has the following concerns:
1. Car headlights shining into the windows of the third level apartment units and
the noise of highway traffic on the third level units.
2. The building height blocking the view from the highway.
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be approximately 50 feet tall from the access driveway and parking lots west of the
buildings. The maximum building height in the RA-3 zoning district is 40 feet. The
zoning ordinance defines the height of a building as the vertical distance from the
established (finished) grade to the highest point on the roof or parapet wall. Since the
building is proposed to be constructed into the side of the hill, the higher vertical wall
on the west side of the building is averaged with the shorter vertical wall on the east
side. The building would meet the height standards but at approximately 50 feet, the
west side of the building is out of scale with surrounding development including single
family homes and apartment units under 40 feet in height.
To mitigate concerns with the third level apartments, view shed concerns and height of
the west side of the building, the planning department is recommending the peak roof
height not extend beyond the elevation of 3,050. This would reduce the impacts from
highway traffic on the third level unit and the view shed from the traveling public. The
elevation cap would also bring the height of the building down to 40 feet as viewed
from the existing and future development to the west of the twelve plex buildings.
The developer was made aware of these issues and is working on modifying the two
twelve plex buildings. As of the writing of this report no new information was
submitted for staff to review and comment.
3. Availability of Public Services/Facilities:
a. Schools: This site is within School District #5. Some impact to the district may be
anticipated from the proposed apartment complex depending on the demographics of
the residents.
b. Parks and Recreation: Hawthorn Park is approximately 1/4 mile west of the site. The
playgrounds of Russell Elementary School are located approximately 1/2 mile southeast
U
of the site.
c. Police: Police protection will be provided by the Kalispell Police Department. The
density associated with this project may require some additional patrolling on the part
of the police department. However, 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. The
development will be required to meet the fire flow requirements, access and building
code requirements of the International Fire Code along with other specifications
outlined by the fire marshal that would be applicable to a building of this nature.
e. Water and sewer: Water and sewer requirements will be identified during construction
and be extended at the owners' expense. Water and sewer services can be provided by
the City of Kalispell without any significant impacts to capacity. If main extensions
are required, they must be designed in accordance with Kalispell's Standards for
Design and Construction.
f. Solid Waste: Common collection sites will be provided for each building as shown on
the site plan. If the developer intends on using dumpsters, Evergreen Disposal will
need to he rnntrnrtPr3 for the anrhnat- cerviri- fnr the r]PVPlnr,mPnt
g. Streets: Traffic generation from the development is estimated at 435 average daily
traffic trips, based on estimates for apartment housing in the Institute of
Transportation Engineers Trip Generation manual (7th Edition). The average daily
traffic includes AM peak hour (generally between 7 a.m. and 9 a.m.) and PM peak
hour (generally between 4 p.m. and 6 p.m.) vehicle trips for the site. A vehicle trip is
defined as a one-way vehicle movement from a point of origin (the apartment unit) to a
point of destination (work, school, grocery store, etc.).
Section DS-05 of the Kalispell Standards for Design and Construction requires a
traffic impact analysis for development contributing ,300 or more vehicle trips per day
to the city street system. The impact analysis identifies negative impacts associated
with the proposed development and provides a mitigation plan. The traffic impact
analysis has been included in the recommended conditions of approval.
The main entrance/exit point for the project site is from North Meridian Road. North
Meridian Road has been reconstructed from Idaho Street north to Highway 93 to
increase the efficiency and capacity of the roadway. As discussed in the access
section of this staff report, it is recommended that half a city street be constructed to
city design standards from North Meridian Road east for approximately 550 feet. The
street would include a 20-foot paved driving surface, curb, gutter, 5-foot landscaped
boulevard and sidewalk. A full city street was not recommended at this time because
the remaining half of this street would be constructed once development occurs on the
property immediately north.
Along with the construction of the half street the site plan indicates a 30 foot
dedication for right-of-way to the city. This dedication covers both the half city street
built to serve the apartment units for this project and a future right-of-way just west
of the proposed nine plex apartment unit. The public works department is
11
recommending that the right-of-ways be set aside and not accepted by the city until
such time as a full city street has been constructed. Once the city accepts the right-
of-way and city street, the city assumes the on -going maintenance responsibilities of
the street.
In addition to the half street, it is recommended that a full city street be constructed
from the end of the half street, terminating just south of the proposed nine plex, east
and south to connect with Underhill Court. This street would be within a designated
60-foot right-of-way and include a 28-foot wide paved driving surface, curb, gutters,
landscaped boulevard and sidewalks on both sides of the street. The street would
taper into the existing pavement width for Underhill Court. A full width city street
along with the associated right-of-way is recommended through this section of the
project site because there are no adjacent properties to work with to achieve a city
standard street.
The recommended trigger point for this street construction would be prior to issuance
of a building permit for the eight plex, nine plex, two twelve-plex units or
managers/common building. Here again the public works department recommends
not accepting this 60-foot right-of-way until a full 60-foot right-of-way and city street
has been constructed from Underhill Court to North Meridian Road.
With the connection to Underhill Court, there will be increased traffic on both
Underhill Court and West Arizona Street. Both of these roadways are local streets in
generally good condition that currently experience minimal amounts of traffic.
Figure 3: West Arizona and Underhill Court. The photo of West Arizona is looking
east towards the intersection of West Arizona and 5th Avenue WN. The photo of
Underhill Court is looking north towards the project site and recommended street
connection.
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 an apartment complex could be significant. However, given the traffic
currently handled by North Meridian Road, additional impacts to that roadway would be
insignificant. Impacts to Underhill Court and West Arizona Street may be more
significant relative to the traffic that is currently in the area which is primarily
neighborhood traffic for approximately 30 single family homes. The multi -family
development is not inconsistent with other development in the immediate area with
12
Meridian Pointe apartments immediately adjoining this property to the south and west.
Except during construction, no significant impacts are anticipated from noise, vibration,
or dust. 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.
5. Consideration of historical use patterns and recent changes: The proposal is
compatible with the immediate area, where a mix of housing types is anticipated and
encouraged. The RA-3, Residential Apartment / Office, zoning of the project site and the
growth policy anticipates this kind of development in the area. The proximity of this site
to commercial services and schools make this a suitable location of this type of
development.
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.
RECODDMNDATION
Staff recommends that the planning board adopt the staff report #KCU-09-2 as findings of
fact and recommend to the Kalispell City Council that the conditional use permit be approved
subject to the following conditions:
General Conditions:
In addition to the 30-foot right-of-ways shown on the site plan a 60-foot right-of-way
shall be shown on the a revised site plan extending from the eastern edge of the 30-
foot right-of-way east and south to connect with the existing 51-foot right-of-way on
the south boundary of the project site.
2. Street development within the 30-foot and 60-foot right-of-ways shall be as follows:
• 30-foot right-of-way:
20-foot wide paved travel surface with curb, gutter and 5-foot landscaped
boulevard on the south side only. Note: Sidewalks will be installed outside the
30-foot right-of-way
• 60-foot right-of-way:
28-foot wide paved travel surface with curb, gutter, 5-foot landscaped boulevard
and sidewalks on both side of the street, but within a future easement to be
dedicated to the city upon acceptance of ownership and maintenance of the
adjacent, completed city streets.
Note: Front and side corner setbacks shall be measured from the future right-of-way
line.
3. Prior to the city accepting the ownership and maintenance of the right-of-ways and
streets the streets shall be privately maintained and. open for public use.
13
4. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section
3.20).
a. 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 International Fire Code (2006).
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire
Code (2006).
d. It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
5. All utilities shall be placed underground.
6. 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 onrl offer a-tivides sxh ll be con iderorl .� ent
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7. The peak of the roof for the two twelve plex buildings shall not exceed an elevation of
3,050 feet.
Prior to Issuance of a Building Permit:
8. The developer shall submit a revised site plan for city staff to review and approve
incorporating all the conditions of approval prior to issuance of a building permit.
9. The developer shall provide the Public Works Department with a consent to dedicate
the 30-foot right-of-way and 60-foot right-of-way, including sidewalk easements for the
future city streets within the project site at such time a city standard street connects
Underhill Court to North Meridian Road.
10. The parking lot entrance serving the eight-plex shall be moved to the east to avoid
future traffic conflicts once the access drive off of North Meridian Road becomes a city
street.
11. The developer shall provide the Public Works Department with the following plans
which comply with Kalispell's Design and Construction Standards:
• Water main lines
• Sewer main lines
• Stormwater drainage report
• Stormwater management for erosion/sediment control
• Future city streets
Note: Boulevard landscaping shall be reviewed and approved by the Parks and
14
Recreation Department
The plans shall be reviewed and approved by the Public Works Department prior to
construction.
12. Prior to issuance of the first building permit on the site a traffic impact analysis shall
be submitted to the public works department for their review and approval. The traffic
impact analysis shall be conducted in accordance with Section DS-05 of the Kalispell
Standards for Design and Construction.
13. Prior to issuance of a building permit for the 8-plex, 9-plex, two 12-plex units or
managers/common building the street connection from North Meridian Road to
Underhill Court shall be completed in accordance with the approved plans.
14. Plans submitted to the Kalispell Architectural Review Committee shall include four
sided architecture and shall substantially comply with the application materials
submitted. Note: Architectural embellishments are not needed on the east side of the
buildings adjacent to Highway 93.
15. Bike racks shall be included in the plans for each of the units that will accommodate a
minim»m of five hicvclPc_
16. A revised landscape plan shall be provided to the Parks and Recreation Department
for review and approval. The plan shall specify groundcover, tree and shrub type and
size at the time of planting around the apartment buildings and the parking areas.
The revised landscape plan shall also focus on a combination of landscaping and
fencing to screen the garbage dumpsters.
Prior to issuance of a Certificate of Occupancy:
17. The street, parking spaces, sidewalks serving the apartment complex, mailbox, and
necessary lighting shall be installed.
Note: The 20-foot wide street serving the four 6-plex units may be phased in one unit
at a time. Temporary turnarounds may be needed based on a review by the Kalispell
Fire Department.
18. A certification by a licensed engineer shall be submitted to the Public Works
Department stating that the improvements (water and sewer mains, streets, drainage
plan) have been built as designed and approved.
19. A letter from the Public Works Department shall be submitted to the Building
Department stating that all new city infrastructure (water and sewer mains) has been
accepted by the city.
20. All required mitigation from the approved traffic impact analysis shall be completed.
21. Bike racks shall be installed per the approved plan.
22. All landscaping shall be installed per the approved landscape plan or bonded for.
15
Planning Department
201 lst Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: Multi -Family residential units
OWNER(S) OF RECORD:
Name: Calaway Brothers LLC
Mailing Address: 365 Riverbend Road
City/State/Zip: Bigfork, MT 59911 Phone: 837-5440
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) " AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: Tim Calaway
flailing Address: 365 Riverbend Road
City/state/zip: _ Bigfork, MT 59911 Phone: 837-5440
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range
Address: 1079 North Meridian Road No. 7 ship 28 No, 21
Subdivision Tract Lot Block
Name: No.(s). No(s), No.
1. Zoning District and Zoning Classification in which use is ,proposed:
RA3
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot. �L
C. Topographic features of lot
d. Size(s) and location(s) of existing buildings
e. Size(s) and. location(s) of proposed. buildings.
f. Existing use(s) of structures and open areas. x
g. Proposed use(s) of structures and open areas. t
h. Existing and proposed landscaping and fencing.
3.
0
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. Defuse 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.
Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted Herein., on all other submitted forms, documents, plans or any
oLUC1 ii-dormaIiUi1 6UUMILLCU as a p:UL Vl Url� UjJPII :c UQII, LU uC U UCH f-L)UIPiCLC'. i lulu
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the Propzc ft� for routine monitoring and inspection during the approval and
Signature Date
2
1
Ph6be. f406)
February 10, 2009
Calaway Bros. LLC.
CUP Application
Re: Expected Building Heights
The following descriptions are keyed to the attached site map. These values are only intended
as preliminary and are not to be used for construction without project engineer's verification:
Building # I — G Plex apartment building composed of two floors with livinc� units on both.
Assumed 12 feet per floor level and G ft for roof gables, therefore:
• Existing Ground = 299 1
• Maximum Ht Allowed = 303 1
• First floor = 2992
• Second floor = 3004
• Roof peak = 3022
Building #2 — G Flex apartment building composed of two floors with living units on both.
Assumed 12 feet per floor level and G ft for roof gables, therefore:
• Existing Ground = 299 1
• Maximum Ht Allowed = 303 1
• First floor = 2992
• Second floor = 3004
• Roof peak = 3022
Building #3 — G Plex apartment building composed of two floors with living units on both.
Assumed 12 feet per floor level and G ft for roof gables, therefore:
• Existing Ground = 299 1
• Maximum Ht Allowed = 303 1
• First floor = 2994
• Second floor = 3000
• Roof peak = 3024
Building #4 — G Plex apartment building composed of two floors with living units on both.
Assumed 12 feet per floor level and G ft for roof gables, therefore:
• Existing Ground = 2992
• Maximum Ht Allowed = 3032
• First floor = 2994
• Second floor = 3000
• Roof peak = 3024
Building #5 — 8 Plex apartment building composed of three floors with a garage on the lowest
and living the two upper floors. Assumed I I feet per floor level and 0 ft for roof gables,
therefore:
• Existing Ground = 2995
• Maximum Ht Allowed = 3035
• First floor (garage) = 2994
• Second floor = 3005
• Third floor = 301 0
• Roof peak = 3033
Building #0 — Common building with manager's apartment composed of two floors with living on
the upper. Assumed 12 feet per floor level and 0 ft for roof gables, therefore:
• Existing Ground = 2994
• Mavimtim Hi- Alln%AIPA = �n'--�4
• First floor = 3004
• Second floor = 301 G
• Roof peak = 3034
Building #7 — 12 Plex apartment building composed of four floors with living units on the upper
three. Assumed I I feet per floor level and G ft for roof gables, therefore:
• Existing Ground = 3020
• Maximum Ht Allowed = 3000
• First floor = 301 0
• Second floor = 302 1
• Third floor = 3032
• Fourth floor = 3043
• Roof peak = 3000
Building #8 — 12 Plex apartment building composed of four floors with living units on the upper
three. Assumed I I feet per floor level and G ft for roof gables, therefore:
• Existing Ground = 3020
• Maximum Ht Allowed = 3000
• First floor = 301 0
• Second floor = 302 1
• Third floor = 3032
• Fourth floor = 3043
• Roof peak = 3000
Building #9 — 9 Plex apartment building composed of three floors with living units on all.
Assumed 12 feet per floor level and G ft for roof gables, therefore:
• Existing Ground = 2998
• Maximum Ht Allowed = 3038
• First floor = 299G
• Second floor = 3008
• Third floor = 3020
• Roof peak = 3038
Robert Smith, PE
A2Z Engineering, PLLC.
a. Traffic flow and control: Traffic shall flow in either direction efficiently through the development via one
main road. All parking areas shall have two-way traffic flow. Some of the buildings are proposed with
underground parking structures as the first floor. Traffic access to the underground areas shall also be two
way. The residential layout is designed to control excessive speed.
b. Access to and circulation within the property: Two access points are proposed. The first access is from
Meridian Road to the west; the second access is to Underhill Court to the south. However, the access to
Underhill Court is proposed to be gated and reserved for emergency access/exit only. Internal roads are
minimal and efficient.
c. Off street parking and loading: Off street parking shall be provided throughout the property according to
code. Parking is provided at 2 spaces per unit with additional parking provided at the clubhouse.
d. Refuse and service areas: The development shall utilize the Kalispell city collection service. The number of
refuse containers supplied shall be based on an assumed refuse generation of 100 gal/day/unit. A number of
refuse collection areas shall be provided along the main road as well as at the clubhouse. A covered central
mailbox area is proposed.
e.. Utilities: Each building is proposed to have public sewer and water service. Gas and/or electric meters shall
be provided to individual dwelling units and to the clubhouse.
f. Screening and buffering: Exposed non -view sides will be landscaped with taller growing trees to minimize
visual impact. Property lines next to adjoining residential areas shall be, planted with hedge row bushes.
Deciduous and evergreens will be planted throughout the development to breakup building lines.
g. Signs, yards, and other open spaces: Signage to identify apartment numbers, addresses, and the name of the
apartment complex shall be minimal in size, neutral in color, and will blend with the architectural theme of
the development. All pedestrian walks shall be bordered on both sides by a 5 foot green space. Open spaces
adjacent to parking areas will be landscaped with plantings and lawn areas.
h. Height, bulk, and location of structures: The buildings consist of two, three, and four stories. Heights will be
less than 40', the lengths approximately 102' to 110', and the widths approximately 40'. The buildings range
in size from 6 units to 12 units, and are spaced evenly throughout the property.
Location of proposed open space uses: The pedestrian walks run throughout the development and access all
the buildings as well as the service areas. Landscaped open spaces adjacent to parking areas are also spread
throughout the development. These features are designed to create a.park like feel along the main road.
j. Hours and manner of operation: Hours of operation is typical residential.
k. Noise, light, dust, odors, fumes, and vibration: Excessive noise will not be tolerated. Exterior lighting by
down lights. Emergency pedestrian lighting provided as required. Once completed, the development will
produce minimal dust, odors, fumes, or vibrations. However, normal construction sounds and other
inconveniencies are expectedduring improvements.
CERTIFICATION
APPLICANT: Calaway Brothers, LLC
FILE NO: KCU-09-02
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where a conditional use permit has been
requested.
S ki-�,
Date:
S-T-R: 8-28-21
Tract/Lot: 6BN, BTSAAA, 6B
Property Owners:
Calaway Brothers, LLC
365 Riverbend Road
Bigfork, MT 59911
A2Z Engineering
Attn: Rob Smith
115 Commons Way, Ste 201
Kalispell, MT 59901
AND ATTACHED LIST
Calaway Brothers, LLC A 2 Z Engineering Meridian Group Associates, LLC
365 Riverbend Road Attn: Rob Smith 121 Spear Street, Ste 250
Bigfork, MT 59911 115 Commons Way, Ste 201 San Francisco, CA 94105
Kalispell, MT 59901
Immanuel Lutheran Corporation
Alice Ryder
185 Crestline Drive
Kalispell, MT 59901
Glacier Continental Corp.
1066 North Meridian Rd, Ste A
Kalispell, MT 59901
Joan Latimer
635 Underhill Court
Kalispell, MT 59901
Patricia McClarty Trust
P.O. Box 413
Kalispell, MT 59903
Laurin Living Trust
109 Rainbow Drive
Kalispell, MT 59901
Frederick & Kathy Frank
632 Underhill Court
Kalispell, MT 59901
Peggy & Tom Templeton
P.O. Box 2244
Kalispell, MT 59903
Nancy Fenner Trust
633 Underhill Court
Kalispell, MT 59901
Beargrass Holdings, LLP
P.O. Box 7505
Kalispell, MT 59904
Jerry & Lorraine Olsen
629 Underhill Court
Kalispell, MT 59901
Cath McKinley Irrevocable Liv Tr
P.O. Box 9534
Kalispell, MT 59904
Tyler A. Reed
501 W. Arizona Street
Kalispell, MT 59901
Sandra Aderholt
Wayne D. Putman
225 Rosewood Drive
Kalispell, MT 59901
Dana & Sheila Henderson
630 Underhill Court
Kalispell, MT 59901
Jody Dow
Andrew & Della Horton
631 Underhill Court
Kalispell, MT 59901
Kim A. Clausen
114 Crestline
Kalispell, MT 59901
Tyler & Loriann Hodge
215 Rosewood Drive
Kalispell, MT 59901
Betty Jo Malone Liv Trust
627 Underhill Court
Kalispell, MT 59901
Bresnan Communications, LLC
Northwest Video, Inc.
1 Manhattanville Road
Purchase, NY 100577
Leo & Melinda Hovey
221 Rosewood Drive
Kalispell, MT 59901
Kalispell Associates Ltd Ptnshp
AD% Thomson Prop Tax Service
1125 17th Street Ste 1575
Denver, CO 80202
Lynette Van Aken Montana Rentals, LLC City of Kalispell
P.O. Box 3442 P.O. Box 7505 Attn: City Clerkp,0. Box 1997
Kalispell, MT 59903 Kalispell, MT 59904 Kalispell, 99 59903
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