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1. Conditional Use Permit - Accessible Space, IncIF inumug LC�1AI IIIICllI 201 V Avenue East Kafispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Conditional Use Permit for Accessible Space, Inc. for very low income senior citizens in an RA-1 zoning district MEETING DATE: July 20, 2009 -----BACKGROUND: At the council's June-15th meeting they discussed the conditional use permit request from Accessible Space, Inc. (ASI) to construct a 23-unit apartment building to serve very low income senior citizens. During the council's discussion a motion was made and seconded to table the project until the council's July 6t' meeting. This was to give staff time to provide the council with a resolution addressing the city's policy for payment in lieu of taxes for their consideration. 1'he council adopted a payment in lieu of taxes policy, Resolution No. 5374, at the July 6th meeting. Now that the council has adopted an official policy, the council should consider placing the following condition back on the requested conditional use permit: The developer shall enter into an agreement with the city for an annual "payment in lieu of local property taxes" (pilt) to address the shortfall in the Payment of municipal services. Prior to the July 6th meeting the project developer requested that the conditional use permit discussion be continued until the July 20th city council meeting so that he could be in attendance and respond directly to any questions that the council may have. At the July 6th meeting the council tabled discussion on the conditional use permit until the July 20+h council meeting. RECOMMENDATION: Council should remove the item from the table and then continue discussion of the conditional use permit with consideration given to placing the payment in lieu of taxes back on the conditional use permit. ALTERNATIVES: As suggested by the city council. Resnectfii11v -,iihmitted Sean Conrad Senior Planner Report compiled: July 14, 2009 My . ebb Interim City Manager c: Theresa White, Kalispell City Clerk Accessible Space, Inc., 2550 University Avenue, Suite 330N, St. Paul, MN 55114 Morrison-Maierle, Attn: Greg Lukasik, 125 Schoolhouse Loop, Kalispell, MT 59904 Robert and Phillis Ekblad, 319 Commons Way, Kalispell, MT 59901 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: Accessible Space, Inc. 2550 University Avenue, Suite 330N Saint Paul, MN 55114 (651) 645-7271 LEGAL DESCRIPTION: Parcel A of Corrected Certificate of Survey No.13066 located within the NAri7 L/4 of Section 6, To`v'Jnship 2R North, Raiige 21. `rifest, P.M.M., Flathead County, Montana ZONE: Low Density Residential Apartment, RA-1 The applicant has applied to the City of Kalispell for a conditional use permit to allow a 23- unit two-story apartment building for very low-income senior citizens. The proposed apartment building falls under the definition of a retirement home, requiring a conditional use permit. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 12, 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-09-6 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a 23-unit two-story apartment building for very low-income senior citizens in an RA-1, Low Density Residential Apartment zoning district subject to the following conditions: General Conditions: Development of the site shall substantially comply with the approved site plan. 2. All utilities shall be placed underground. 3. No further subdivision of the property can occur and the project will not be allowed to expand beyond the 23 residential apartment units. 4. 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. Prior to Issuance of a Building Permit: 5. The developer shall provide the Public Works Department with an engineered storm water report. The report shall be reviewed and approved by the Public Works Department prior to construction. 6. The developer shall extend a water main line from Indian Trail Road to the eastern edge of the property. The plan for the extension shall be reviewed and approved by the Public Works Department prior to construction. Note: The Public Works Department may participate in the water main line extension to upgrade the line from an 8-inch line to a 12-inch line. 7. The developer shall submit plans which suhStarltiallV rmmn1v with the apprnvP.d elevatinns to the Kalispell Architectural Review Committee for their review and approval. The plans shall include four sided architecture for the building. Note: The building design shall be amended so that any single wall cannot be longer than 130 feet without a minimum 4 foot relief and have a maximum building height of 28 feet. 8. The developer shall provide construction plans for the following: • Either a sidewalk or bike path along the project's frontage of Grandview Drive. • A bike path from the edge of pavement of Indian Trail Road, through the project site, to the sidewalk or bike path to be installed along Grandview Drive. The plans shall be reviewed and approved by the Public Works Department and Parks and Recreation Department prior to installation. 9. 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 building and the parking area. 10. A street tree plan shall be provided to the Parks and Recreation Department for review and approval. Note: The street trees may be placed on the project site if there is insufficient room within the Grandview Drive right-of-way. Prior to issuance of a Certificate of Occupancy. 12. The exterior elevations shall substantially comply with the approved plans by the Kalispell Architectural Review Committee. 13. An easement for the water main line and bike path on the property shall be dedicated to the City of Kalispell. 14. Curb stops shall be installed for each parking space immediately south of the building. 15. The approved storm water plan shall be implemented with any conditions required on the plan by the Public Works Department. 16. The water main line shall be installed per the approved plan. 17. All landscaping, including the street trees along Grandview Drive, shall be installed per the approved landscape plan or bonded for. 18. The sidewalk or bike paths referenced in condition #8 shall be installed. Dated this day of , 2009. Pamela B. Kennedy Mayor STATE OF MONTANA ) ss County of Flathead ) 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 ASIMUD PROPERTY ON INDUN TRAIL BETWEEN GRANDVIEW DRIVE AND HARRISON BOULEVARD This issue concerns the 23-unit, low-mcom ermeig b din ro o d for the above site. The following signatures are from residents of Park View Terracewh us proposal 156M e�eere are �3 lots consisting of single-family homes, D apartment buildings, _/ duplexes, and t" 4-ple— xe�—This neighborhood was at one time a very nice area, but due to many homes being occupied by renters, and many apartment buildings, the area has g�n o 11"an,' eT e pleasant, neat neighborhood that it once was. One thing that Park View Terrace does t need 1 r e ul' g. This community was initiated as a single-family neighborhood. What happened? Hm=Single Family Homes Apt --Apartment Buildings D=Duplex 4=Four-plex Name (Print) Address Owner/ Renter Dis- approve Lot Signature I'vf f A'�h-a'4ffli _ V_6 CI-I r� NI/Nm HOME Or q / d-1 di 1 0 _ V iGu_ V per' i-i a2U F 0 t,vN t/� - . OIL �Ij ,/Y kCis�r7-5�(&4 f�� Y J 0 <3 a (,c) �'e�,�--. i o+t-� �^ } r � 3�,,s�� ram- �T�-�:� t`�� c=z� ,;.-� ✓ � ,� ��_ �x� Page 2 ASI/HUD Property Objections • �� j •�� Owner/ nter approve! �R SOME _ � .... �� 7. _ : ems.• ��i . HEUSI. MM�� m Al- WIN.M-lumm9rompr ��l ► . ►`�1► ��I1�7VL��1-I IST • 1 1Ill I . r� ��Ii1I�I� _ mm, ff a "! I MONA 01. ijjj�i i 1 M�� 1 a/Il[l��ii.r I/• / ! .HMO "VIVA mm is ml, m . I'M mm ml, /' E=Mmo � Page 33 ASUHUD Property Objections Name -Dis- Renter approve OEM M I M rl j WA M,,.o rd I A P 12 W-—M rl W .10 MAJ/ MW, I MAI A Wm M4,1I M, MO rim A 1MWA= r 1 ®� ■[h�i� �r LWI WWA W. MAMM r �� Mrs IRA 1 M=M*MllF4.7JAom��Mm WHO"AARM, _ .: �m AM, F .A Wage 4 ASUHUD Property Objections Name (Print) Address Owner/ Renter Dis- approve Lot Signature h ` r 'No DOMALP RC N 256 FA9VIEW VK �\ 01V t Pn Znr-f tee✓ 1 rt� ✓ u�- �. -��-- �� ,�o� ./d�lnlSarJ d a��E/ZoSA BLt�U C) ouS� 1 L-- /"7 39 U' (G i t C! "' ►fie►v e/ -1.�^'s (./ N K,ec 4e,,,.J PonJeC©s,, Oeo+e X yPle �I Al', Z531:1 W kk L tLT °U C�N1 ol YYi �il QOk C 0 k7 2A 3 IS a �P -kit, ��p kaaa ell WON ( l IxV i r u m r1 Pale 5 ASI/HUD PropgM Objections Name (Print) Address Renter Dis- approve Lot Signature 3 sis Yw'z -7 4LL2M �- , 0 dTfZ�A— o , rr -�!�i and ccsdl ►� Ac. Y ADDENDUM: Several 4-plexes were originally considered apartment buildings. It was later discovered that they were 4, 5 or 6 plexes which accounts for the wrong description at the beginning of this document. Buffalo Heads Parkhomes was thought to be part of Park View Terrace. Upon investigation, it was found to be a separate development. It was not initiated as single-family homes. The amount of time in gathering these signatures was very limited due to the City Council's upcoming vote. At least 7/8 of these two neighborhoods knew nothing about this proposed apartment building. I personally did not hear about it until an article in the paper some time in June. If there had been more time, there would have been a lot more objections to this proposal because so many people were not home and due to the time constraints, it was impossible to return a second or third time to obtain signatures. There are so many other lots available on North Meridian, for example, and would be much more appropriate than the proposed site, which is going to cause an unsightly view for many neighbors and far too much traffic on Grandview Drive, plus reduce our property values. I respectfully request that the City Council reconsider this proposal and deny it as per the wishes of the residents of these two areas. June 8, 2009 Sean Conrad, Senior Planner City of Kalispell Planning and Building Department 201 1" Ave. East Kalispell, MT 59901 RE: ASI Seniors Apartment — Conditional Use Permit Grand view Drive Kalispell, MT Dear Sean, Thank you for taking the time to review various site layout options on Tuesday morning last week after the City Council meeting. Attached, please find our revised site plan layout for your consideration. We believe the layout provides the best accommodation of all neighborhood concerns and still falls within the City's Zoning criteria and ASI's and HUD's design requirements. The most significant changes include: (1) Building Orientation: We have rotated the building away from the townhouse building along the north property line. The setback from the north property line has been increased from 25-feet to 60-feet at the northwest corner of our building. (2) Parking Lot Reconfiguration: To accommodate the building being closer to the center of the site we have move the parking lot to the east and reconfigured it. It maintains the 23 parking spaces as per the original proposal as well as the on -site fire truck turn -around. It moves some of parking spaces away from the townhouse unit along the south property line. (3) On -site Bike Path: We have shown the proposed location of the bike path that will connect Indian Trail Road with Grandview Drive as per the requirements of General Condition #8. It starts at Indian Trail Road and angles toward the south property line proceeding to the southwest comer of the site between our parking lot and the existing fence. This layout is similar in location to the existing trail. We have also added the bike path along the frontage of Grandview Drive as per General Condition #8. In order to accommodate this layout we have had to sacrifice the more user-friendly `central access' to the building for an `end -loaded' access. The main entry has been move from the center of the building to a location closer to the east end. We have used similar layouts before and it will work but it is a little more inconvenient for the future senior residents who will have to travel further from their apartment units to access the community room, laundry and other common areas. However, we are able to maintain a south facing main entry for a safer accessible entrance. The Zweig tenor FIRM The 200 Fatt—t-Groin0 AJEI! L Envl ro n m�ntsi Consultin0 Firm■ 2OW AWARD WINNER 112 North Roberts Street, Suite 300 • Fargo, ND 58102 - 701.461.7222 (t) • 701.461.7223 (f) Bemidji, MN • Grand Forks, ND • Jamestown, ND • Bismarck, ND - Minot, ND • Norwich, VT www.eapc.net A request regarding ROOF PITCH: During the public comment period of the City Council meeting, we stated a willingness to consider lowering the roof pitch from 6:12 to 4:12. However, someone from the neighborhood thought the 4:12 would reduce the roof to 28'-0" feet. Please note that the lowering the roof pitch to 4:12 will lower the building height from 34'-0" to 29'-6". Reducing the roof height to 28'-0" would reduce the roof pitch to something less than 3.5:12, which is too low. Our preference is to keep the 6:12 pitch, especially with the building being moved closer to the center of the site. If that is not possible, please consider limiting the condition to a 4:12 pitch. In conclusion, we thank you and the city staff for your assistance in getting us to this point. Please recognize that the attached plan is preliminary and that we understand that we have to submit a Final Plan that addresses each of the General Conditions of the Conditional Use Permit. If you have any questions or need for additional information, please give us a call. Sincerely yours, Harold A. Thompse , o' anager EAPC Architects Engineers, PC Cc AST, Morrison Maierle, file 34'-0' BUli.i3ENG HEIGHT 12 6(� 12 EAST ELEVATION 6:12 RCAF PITCH ,/r _ ,-4r PRaCCT ASI KALISPELL ELDER HOUSING PRMCT NO.- 200991M ORAWVG M402 9A7E.- 611ol20fl9 EAPC loffirr, 12 M-3` BUILDING HEIGHT r �_ I� ' �1111.111.. .I IIIIIIIIIII.. rl.rr� Iw EAST ELEVATION 3 1 /212 ROOF PITCH l/ r - r-or � �� :11111111111' + EAST ELEVATION 4:12 ROOF PITCH 1/r s Y-O' PROJECT ASI KALISPELL ELDER HOUSING PROZCT DATE: E A P C him 20099180 DRAINNG 611of2oo9 M401 _ r^'� Mein ,/ 3N2J4 aN�°� \ \ till1 I NblIN3134 I ) \ 1 I atf / C,I �w s � c Z / a I I Wg —€ k v cwi ( I / z o I I I 0° �$ d N / I a I w� k�Lo Al. / 1 >� Z �� o =9_i (/ (n o / k � CD 00 m I I r. /LWLJ -Al/ 9 LLI Qom. /a �� /o I zz I I I laI LnL I I j I 'I I I 11 WWI �O // / // /// � /Iw W / / /� /. / //1 �(n (Da�',�� J LLw �cn J :D �o Z)_ z 03 DO w � Z 00 z? J m J g LLw J �O �_ z 03 DO a� w 0 0 0 Z= Qm ZC' Planning Department 201 1 t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katispell.com/planning May 19, 2009 Dan Billmark Director of Real Estate Development Accessible Space, Inc. 2550 University Avenue, Suite 330N Saint Paul, MN 55114 RE: Liability on the pedestrian path Dear Mr. Billmark: This letter is a follow up on your question of liability for the pedestrian path recommended to be constructed between Indian Trail Road and Grandview Drive within a pedestrian and utility easement dedicated to the city. The Kalispell Parks and Recreation Department will take on the maintenance of the pedestrian path. This maintenance includes sealing and/or renlacing harts or the entire oath as deemed necessary. The maintenance will not include the yearly removal of snow on the path or sweeping of dirt or gravel off of the path. With the maintenance of the path conducted by the Parks and Recreation Department, the City Attorney has informed me that the city will assume the liability of the pedestrian path. If you have any further questions please contact me at (406) 758-7940 or by email at sconrad(&kalispell.com. Sincerely, Sean Conrad Senior Planner nI--_S_.- "----a—_-a. riailmug "Upariuieut 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispelLcom/planning May 27, 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 for very low income senior citizens in an RA-1 zoning district Dear Myrt: The Kalispell City Planning Board met on May 12+h and held a public hearing to consider a request from Accessible Space, Inc. (ASI) to construct a 23 unit apartment building for very low incomes seniors aged 62 years or older. Multi -family dwellings are listed as a conditionally permitted use in the RA-1 zoning district. The 23 unit apartment building is proposed on 1.9 acres of land which is a vacant lot located at the eastern end of Indian Trail Road between Indian Trail Road and Grandview Drive. The property can be legally described as Parcel A of Corrected Certificate of Survey No. 13066 located within the NW 1/4 of Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-6 and reviewed the proposed site plan. He noted recommended upgrades to Grandview Drive, a pedestrian trail connecting Indian Trail to Grandview Drive, a water main extension and 4- sided architecture on the proposed apartment building as part of the recommended conditions. Staff recommended approval of the conditional use permit subject to 17 conditions. During the public hearing, Harold Thompson, the project architect, Greg Lukasik, the project engineer and Dan Billmark, Director of Development for ASI, spoke in favor of the project. Mr. Billmark brought up the two conditions he had an issue with, condition #7 regarding the pedestrian path through the property and condition # 10 regarding the payment in lieu of taxes. Mr. Billmark recognized the importance of a pedestrian path through the project site but was concerned whether the Department of Housing and Urban Development (HUD) would fund such public infrastructure. Mr. Billmark's other concerns included liability on the pedestrian path and maintenance. Resrardina the navment in lien of taxr>c nnnriitinn Mr Rillmarlr 1-hnnvA +1,P funding requirements for HUD on this project and that the grant money is spent very specifically. One of the requirements is that a sole -purpose 501C3 non-profit organization be set up to administer the apartment complex. With a non-profit organization administering the project, the state of Montana has determined such organization tax exempt. With a tax exempt status, HUD cannot participate in a payment in lieu of taxes requirement. During the public hearing nine people spoke against or had concerns with the proposed project. The issues and concerns included increased traffic in the neighborhood, the height of the building, noise from heating and air conditioning units and not enough on -site parking. No one else spoke either for or against the project and the public hearing was closed. During the planning board discussion the board first discussed condition # 10 regarding the payment in lieu of taxes. A motion was made and seconded to delete condition # 10. Those in support of the motion felt that it was inappropriate to place the condition on the project as the board has continually tried to assist with providing low income housing in the community. Those board members against the motion did not believe the low amount of taxes required to be paid by condition # 10 was unreasonable. Other members pointed out that if this projectdoesnot pay the taxes theshortfallwill bemadeup by other taxpayers in the city. The motion to delete condition # 10 failed on a vote of 2 to 4. A motion was made to add a condition that no further subdivision of the property can occur and buildings and improvements that are not proposed on the current site plan cannot be added to in the future. The motion was intended to address neighborhood concerns with additional development of the property in the foreseeable future_ The motion passed unanimously and is shown as recommended condition #3 on attached Exhibit A. Another motion was made to require the building design be amended so that any single wall cannot be longer than 130 feet without a 4 foot relief. This motion was made in an attempt to respond to the scale of the neighboring buildings and to minimize the impact to the neighbors, especially those north of the proposed building. The motion passed unanimously and has been added to condition #7 on the attached Exhibit A. The main motion to recommend approval of the conditional use permit subject to the conditions in the staff report as amended by the planning board was then considered. The motion was approved on a vote of 5 to 1. Please schedule this matter for the June 1, 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 Bryan H. Schutt President Attachments: Letter of transmittal Staff Report #KCU-09-6 and supporting documents Draft minutes from the 5/ 12/09 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Accessible Space, Inc. Dan Billmark, Director of Development 2550 University Avenue, Suite 330N Saint Paul, MN 55114 Morrison Maierle, Inc. Greg Lukasik P.O. Box 8057 Kalispell, MT 59904 VICTIM r A ACCESSIBLE SPACE, INC. CONDITIONAL USE PERMIT KALISPELL CITY PLANNING BOARD MAY 12, 2009 The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled planning board meeting on May 12, 2009. The following conditions are recommended with approval of the conditional use permit: General Conditions: 1. Development of the site shall substantially comply with the approved site plan. 2. All utilities shall be placed underground. 3. No further subdivision of the property can occur and the project will not be allowed to expand beyond the 23 residential apartment units. 4. 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. Prior to Issuance of a Building Permit: 5_ The developer shall nrovide the Public Works Denartment with an engineered storm water report. The report shall be reviewed and approved by the Public Works Department prior to construction. 6. The developer shall extend a water main line from Indian Trail Road to the eastern edge of the property. The plan for the extension shall be reviewed and approved by the Public Works Department prior to construction. Note: The Public Works Department may participate in the water main line extension to upgrade the line from an 8-inch line to a 12-inch line. 7. The developer shall submit plans which substantially comply with the approved elevations to the Kalispell Architectural Review Committee for their review and approval. The plans shall include four sided architecture for the building. Note: The building design shall be amended so that any single wall cannot be longer than 130 feet without a minimum 4 foot relief. 8. The developer shall provide construction plans for the following: • Either a sidewalk or bike path along the project's frontage of Grandview Drive. • A bike path from the edge of pavement of Indian Trail Road, through the project site, to the sidewalk or bike path to be installed along Grandview Drive. The plans shall be reviewed and approved by the Public Works Department and Parks and Recreation Department prior to installation. A A revi.rerl lanrlc(-ane nlan shall he nrnvirlerl to the Parke and Recreatinn T)enartment for review and approval. The plan shall specify groundcover, tree and shrub type and size at the time of planting around the apartment building and the parking area. 10. A street tree plan shall be provided to the Parks and Recreation Department for review and approval. Note: The street trees may be placed on the project site if there is insufficient room within the Grandview Drive right-of-way. 11. The developer shall enter into an agreement with the city for an annual "payment in lieu of local property taxes" (pilt) to address the shortfall in the payment of municipal services. Prior to issuance of a Certificate of Occupancy: 12. The exterior elevations shall substantially comply with the approved plans by the Kalispell Architectural Review Committee. 13. An easement for the water main line and bike path on the property shall be dedicated to the City of Kalispell. 14. Curb stops shall be installed for each parking space immediately south of the building. 15. The approved storm water plan shall be implemented with any conditions required on the plan by the Public Works Department. 16. The water main line shall be installed per the approved plan. 17. All landscaping, including the street trees along Grandview Drive, shall be installed per the approved landscape plan or bonded for. 18. The sidewalk or bike paths referenced in condition #8 shall be installed. ACCESSIBLE SPACE, INC. REQUEST FOR A CONDITIONAL USE PERMT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-09-6 MAY 5, 2009 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to construct a 23 unit apartment building in an RA-1, Low Density Residential Apartment, zoning district. A public hearing on this matter has been scheduled before the planning board for May 12, 2009 beginning at 7:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. Background: In February of 2000 the planning department received an application for a conditional use permit to allow the construction of two 12 unit assisted living facilities which will be licensed as a personal care facility for the elderly by the State of Montana. The facilities were one story with a height of approximately 22.5 feet and each facility was approximately 4,669 square feet located on the east half of the parcel. Access to the site included one driveway off of Grandview Drive and a secondary access off of Indian Trail Road A public hearing was held before the Kalispell City -County Planning Board on March 14, 2000. At the public hearing the developer asked for approval of the application stating that this facility will fill the need for a family style intermediate assisted living facility. Five people who live in the area spoke against the application citing that this would be a ��_:�...._ _ ______i i _.. �.. � •. r. 111 ll UenS1Ly UCVC1L)PH1CIIL 1I1 a 10W UCI1S1Ly area, Mat Lne lac111ry would not lend ltseu to the surrounding neighborhood, that the surrounding properties would lose their views and open space, and traffic issues as their main concerns. The board discussed the request, considered public testimony and reviewed the criteria. A motion was made to amend the findings of fact, adopt the amended findings and recommend denial of the conditional use permit. Before the conditional use permit was heard by the city council the developer elected to withdraw the application. No other development applications have been submitted until now. It should be noted that several of the property owners who spoke in opposition have now moved. A. Petitioner/Developer: Accessible Space, Inc. 2550 University Avenue, Suite 330N Saint Paul, MN 55114 (651) 645-7271 Technical Assistance: Morrison Maierle, Inc. 125 Schoolhouse Loop Kalispell, MT 59904 (406) 751-5845 Property Owner: Robert and Phillis Ekblad 319 Commons Way Kalispell, MT 59901 B. Size and Location: The property is approximately 1.9 acres of land located at the eastern end of Indian Trail Road between Indian Trail Road and Grandview Drive. The property is currently undeveloped. The property can be legally described as Parcel A of Corrected Certificate of Survey No. 13066 located within the NW1/4 of Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Figure l: Aerial photo of the project site and surrounding neighborhood. ACCESSIBLE SPACE INC. CONDITIONAL USE PERMIT VICINITY MAP ��5Q .I VVVIV�uU5t5 �' a a t,. ✓ 6 1 19 r' c8 �� a• ` �{ 4 52 2r1 O 53 tP o t4 ... ,} T'' P �` PARK iV i w � 20 S N717 � yyrr'' 18 it ._ 147 ..598_� �� -_� Sk [ice R 60 11 9x D r _,3c2C 163C' Subject Property 2C COMMONAR6 ._. _.f..__�. -2B _ • - 1 B 3B - + a UTIUTY EASE _ , 3A 2A 1A 3A COMM `BUFFALO dOMMONS 2 �K 1 ONs WAY 2A 1B 11A COMMON AREA BUFFALO COMMONS 1 PH 2 B217 �i 04400 Y fiALzg 3 16 $ — -- QAccessible Space CUP . . tow a-,4 7 5AA City Limits 14 �, s 6 Conditional Use Permit for a 23 unit apartment complex for the elderly 3B 2 C. Summary of Request: Accessible Space, Inc. (ASI) is a national, nonprofit organization headquartered in St. Paul, Minnesota that provides accessible, affordable housing, assisted/supportive living and rehabilitation services to very low- income adults with physical disabilities and seniors. ASI has received a grant from the U.S. Department of Housing and Urban Development (HUD) to construct a 23 unit apartment building for senior housing. The apartment building is specifically required to provide affordable housing to very low-income seniors age 62 and older who will pay no more than 30% of their adjusted gross income for rent. With the HUD funding the apartment building must be used for a minimum of 40 years for its intended purpose. ASI's conditional use permit request would allow a 23 unit two-story apartment building for very low-income senior citizens on the 1.9 acre project site. One of the apartment units will be occupied by a caretaker for the building and grounds who will do general maintenance and provide help to residents. Each of the apartment units will have its own kitchen and bathroom. Residents can either use their own cars or utilize public transportation. The building will be located on the western half of the property with vehicle access proposed from Grandview Drive. The building is proposed on the north side of the property with the associated parking lot located south of the building. The parking lot would provide 23 parking spaces and include a fire truck turn around at its western end. Complimentary landscaping is proposed around the building and parking lot which includes coniferous and deciduous trees, flowers and sod. One 24 square foot sign to identify the apartment units is proposed at the entrance driveway along Grandview Drive. The western portion of the project site will remain undeveloped and the applicant does not have any future development plans for this area at this time. D. Existing Land Use and Zoning: The property is zoned RA-1, Low Density Residential Apartment, and is currently vacant. The RA-1 zoning district is a residential apartment district to provide areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services and shopping districts. The proposed apartment building falls under the definition of a retirement home, requiring a conditional use permit. E. Adjacent Land Use and Zoning: Properties to the east of Grandview Drive in this immediate area are located in the county except for a city park, Grandview Drive Park, located approximately 500 feet north. Properties on the west side of Grandview Drive are in the city. Development to the north of the site is within the RA-1 zoning district and includes townhomes in clusters of four or more units. The development known as Buffalo Head and was platted and developed in the mid 1980's. West of the project site is the Park View Terrace subdivision. Two lots of the Park View Terrace subdivision are adjacent to the western boundary of the project site, lots 12 and 60. These lots are zoned R-4 (Two Family Residential) and are developed with a four-plex unit on each lot. South of the project site is the Buffalo Commons development. This development is zoned as a PUD (Planned Unit Development) and includes a combination of common area and townhouse homes along the project's southern boundary. Directly across from this site is a 20 acre property zoned County R-1 (Suburban Residential), developed with a single family residence and 3 within a conservation easement. F. Relation to the Growth Policy: The current Kalispell City Growth Policy Map designates this area as High Density Residential, which provides the basis for the RA-1 zoning designation. This land use designation provides for zoning districts which permit or conditionally permit a mix of homes and limited offices uses. The typical density provided for in the High Density Residential land use category ranged from 8 to 40 dwelling units per acre. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell or Private Contractor Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell EVALUATION OF THE REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Space: The property consists of a vacant city lot approximately 1.9 acres in size. The proposed apartment building would cover approximately 10,300 square feet (12%) of the site and the proposed location would comply with setbacks required in the RA-1 zoning district. There is adequate space on the site for the proposed building, access and parking requirements. b. Adequate Access: The property can be accessed off of either Indian Trail Road or Grandview Drive. The developers have proposed a driveway access off of Grandview Drive only. Grandview Drive is a paved street built to a rural road standard (drainage ditches and no curb, gutters, landscaped boulevard or sidewalk) C. Environmental Constraints: This site slopes gently from the west to the east. There is no public storm sewer system in the area, but rather a series of culverts that run along Grandview Drive that eventually run into the natural drainage area on the east side of Grandview Drive that is designated as a City park. An engineered drainage plan will need to be developed that provides for the on -site retention of storm water and will need to be reviewed and approved by the Kalispell Public Works Department prior to construction. 4 2. Appropriate Design: a. Parking Scheme: The Kalispell Zoning Ordinance Section 27.26.050(27) requires 1 parking space per 2 dwelling units for elderly housing complexes. The proposed plans call for 23 parking spaces, six of which will be a handicap parking space. The proposed parking exceeds the minimum required off street parking spaces. The row of parking spaces closest to the building are proposed to be installed without curbs to avoid the creation of a barrier between the parking area and the walkway access to the building. Standard curbs will be installed along the entrance drive, south side of the parking lot, the turn around and the garbage access. During the city's site review committee meeting it was recommended that at least curb stops be installed for all of the parking spaces without curbs. The purpose of the curb stops is to prevent cars from parking on the walkway access, obstructing this access to the building. Although this will cause some difficulty during winter snow removal, it will maintain adequate access to and from the building to the parking spaces. b. Traffic Circulation: Section A of the application anticipates a maximum of 5 trips per day for each unit compared to the typical 10 trips per day for a regular apartment building. At 5 trips per day this would provide a total of 115 vehicles trips entering and leaving the site. The number of vehicle trips anticipated by the developer may be slightly high. Traffic generation from the development is estimated at approximately 3 average daily traffic trips per unit, based on estimates for senior adult housing -attached in the Institute of Transportation Engineers Trip Generation manual (7+h Edition). This provides a total number of vehicle trips of 69 per day. 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.). The most likely scenario is a range of traffic between 69 and 115 vehicle trips per day from the 23 unit apartment building. This amount of vehicle trips will not significantly alter current traffic circulation in the neighborhood and the existing city streets are able to handle the additional traffic. C. Open Space: No specific open space requirements are required under the RA- C zoning district other than the required setbacks. The proposed site plan calls for landscaping around the building with an area a little over 1/2 of an acre to be left undeveloped west of the apartment building. d. Fencing/ Screening / Landscaping: There is a lawn and landscaping area proposed around the facilities. No fencing or screening is proposed nor is any required under the Kalispell Zoning Ordinance. 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. The landscape plan should focus on a combination of trees, bushes and green groundcover along the northern and southern project boundaries to help buffer the building and parking lot from existing homes. This plan would be reviewed and approved by the Parks and Recreation Department prior to issuance of a building permit. The landscaping would be required to be installed or bonded for prior to receiving a certificate of occupancy for the building. e. Signage: The application notes that one 4'x6' sign advertising the apartment building will be placed on the eastern side of the site just north of the driveway off of Grandview Drive. The sign will have a maximum height of 6 feet above the ground. The proposed sign complies with the Kalispell Zoning Ordinance. The developer will need to obtain a sign permit prior to installing the sign. f. Architectural design: The 23 unit apartment building will be a two story building not exceeding 34 feet in height. Attached is an elevation of the south wall of the building. As the elevation picture shows, the building will have two different main body colors with accent trim along the building sides and roof peeks. A covered main entry will be included as well as split frame windows for all the exterior windows. The Kalispell Architectural Design Standards require multi -family buildings to apply architectural elements on all sides of the structure visible from public right-of-ways and/or adjacent residential zones. This would therefore require the building to incorporate the design elements shown on LC elevation �TUViIUdCU _UIl _l�ti 5bl1Quees l Ul e� -'»'--- DUI1Umg. 3. Availability of Public Services/Facilities: a. Schools: This site is within the boundaries of School District #5. As this project will house senior citizens, no impacts are anticipated with the proposed use. b. Parks and Recreation: There should be no significant impact on the parks and recreation programs and facilities as a result of this use. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. The developer will be installing a water main line from Indian Trail Road, through the site, to Grandview Drive. One or more hydrants will be installed off of this new water main line in accordance with the building and fire codes. The site is easily accessed in the case of a fire off of Grandview Drive. The site plan includes a fire truck turn around as part of the development of the site. e. Water: City water will be used to serve the apartment building. No significant impact on water services can be anticipated as a result of the proposed use. A water main line is located within the right-of-way to Indian Trail Road. The developer will be required to extend this main line east to the eastern edge of the project site. The Public Works Department will pay the developer to upsize the line from an 8" main line to a 12" line to eventually connect with existing city water lines north and south of the project site. f. Sewer: Sewer service will be provided by the City of Kalispell. No significant impacts on City sewer services can be anticipated as a result of the proposed use. A city sewer main is located on the east side of Grandview Drive. The developer will have to extend a sewer service line from the existing sewer main to the apartment building during construction of the building. g. Storm Water Drainage: The site has a gentle slope from west to east. Based on the site plan, an elevation change of approximately 22 feet occurs on the site, with the highest point of the site in the southwest corner and the lowest in the northeast corner. The site plan provides a storm water detention area in the northeast portion of the site. The storm water detention area will need to detain the post development storm water on the site with the pre -development storm water flows permitted to discharge into the ditch along Grandview Drive. As a condition of approval, the developer will be required to submit an engineered storm water report. This report will need to include storm water flow control design, storm water quality treatment design, a downstream analysis from the project site's discharge point to the city park and account for upstream flows onto the property and the existing storm water line located along the south boundary of the project site. h. Solid Waste: Solid waste pick-up will be provided by a private contractor. An enclosed trash area will be located in the northwest corner of the building. This project will have no impact on current services. i. Roads: Grandview Drive is a city maintained street however the majority of Grandview Drive does not meet city street standards with regards to curb, gutter, sidewalks and landscaped boulevard. The City of Kalispell Standards for Design and Construction requires that the developer improve the project's frontage along Grandview Drive to city standards. However, in this case the Department is recommending that the drainage ditches remain, a sidewalk or bike path be required and allow the street trees to be installed outside the right-of-way on the project site. The Department is making this recommendation based on the following circumstances present in the area: • The lands north and south of the project site are already developed and within city limits, making no possibility in the foreseeable future that the west side of Grandview Drive will be improved to city street standards. • The land immediately east of the project site is within the County and is also within a conservation easement creating a further unlikely scenario that any other portions of Grandview Drive will be upgraded to city standards. Street trees will still be required along the project's frontage of Grandview Drive. However, given the potential for limited space within the right-of-way 7 for the street trees, the trees may be placed outside the right-of-way on the project site. The trees would be in addition to any required landscaping imposed by the conditions of approval, the Kalispell Architectural Review Committee or Parks and Recreation Department. Figure 2: View of Grandview Drive looking north. The project site is on the west side of Grandview Drive just north of the utility boxes indicated on the photo. Bike paths: The 1.9 acre project site sits between two city streets, Indian Trail Road and Grandview Drive. Although no sidewalks or bike paths are present along either street in this area, the public has been crossing this property to move back and forth between these two streets and the neighborhoods they serve. Due to this existing circumstance and to serve the future residents of the apartments the Public Works Department is recommending a bike/pedestrian path be installed from the project site's western boundary with Indian Trail Road to its eastern boundary with Grandview Drive. The bike/pedestrian path will be required to be within an easement dedicated to the city with the final designs approved by the Public Works Department and Parks and Recreation Department. Initial discussions with Morrison Maierle, Inc. would have the bike path running over the top of the water main line required to be installed as part of the project. Once the path is built, long term maintenance will be taken over by the Parks and Recreation Department. With the anticipated construction of the bike/pedestrian path discussed above and a sidewalk or bike path along the project's frontage along Grandview Drive, the Public Works Department will be reviewing its funding sources to try and connect these paths with the existing sidewalks south of the project site. Currently, sidewalks extend to the intersection of Grandview Drive and Commons Way, approximately 120 feet south of the project site. With the paths on the project site, a connection to the sidewalks located 9 south would provide residences of this area with safe walking and biking options to and from offices, homes and business in this area. k. Cost of Public Services: The applicant has indicated that they will be applying for property tax exempt status as a non-profit entity. It should be noted that the city will continue to experience the cost and impacts of providing services to the site, specifically fire and police. It is recommended that the applicant make an annual payment in lieu of local property taxes (pilt) to the city. The pilt payment would include the taxes assessed for the city's general fund and medical mill levy. The estimated yearly payment would be around $3,000. This is based on two existing senior apartment complexes and the taxes they have paid in 2008. The two apartment complexes are the Cherry Orchard senior apartment complex and Center Court Manor senior apartment complex. Cherry Orchard is located at 700 Liberty Avenue and is a 24 unit, 2-story apartment complex. The city council approved the use permit to construct the apartments in 1998 and the apartment building was completed in May of 1999. The 2008 tax rolls show that Cherry Orchard paid $2,870 for the year for the city's general fund and medical mill levy. Center Court Manor is a 40 unit, 3-story apartment building located at 121 2nd Avenue West. The apartment building was completed in June of 2003 ana the 2008 tax roll snow that Center Court Manor paid $3,888 for the year for the city's general fund and medical mill levy. 4. Neighborhood impacts: The general character of this neighborhood is a mix of single family homes, multi -family apartment buildings and townhomes. The addition of the proposed senior apartment building will not place it out of character with surrounding residential development. Impacts of the proposed senior apartment building will be low. Noise will not be an issue and traffic impacts will be low given the nature of the residents and the probability that few residents will own a vehicle. S. Consideration of historical use patterns and recent changes: The 1.9 acre project site is the last developable property in the immediate area. Properties to the north, south and west are already developed with single family homes, townhouse units and apartment buildings. Development of medical offices and expansion of the hospital, both of which are within 1/2 of a mile south of the project site, over the last 10 years make this a suitable area to place an apartment building catering to very low-income senior citizens. 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. 0 i Z19-4 i) OT 161 D)"IDI CO) The staff recommends that the planning board adopt the staff report #KCU-09-6 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: 1. Development of the site shall substantially comply with the approved site plan. 2. All utilities shall be placed underground. 3. 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. Prior to Issuance of a Building Permit: 4. The developer shall provide the Public Works Department with an engineered storm water report. The report shall be reviewed and approved by the Public Works Department prior to construction. 5. The developer shall extend a water main line from Indian Trail Road to the eastern edge of the property. The plan for the extension shall be reviewed and approved by the Public Works Department prior to construction. Note: The Public Works Department may participate in the water main line extension to upgrade the line from an 8-inch line to a 12-inch line. 6. The developer shall submit plans which substantially comply with the approved elevations to the Kalispell Architectural Review Committee for their review and approval. The plans shall include four sided architecture for the building. 7. The developer shall provide construction plans for the following: • Either a sidewalk or bike path along the project's frontage of Grandview Drive. • A bike path from the edge of pavement of Indian Trail Road, through the project site, to the sidewalk or bike path to be installed along Grandview Drive. The plans shall be reviewed and approved by the Public Works Department and Parks and Recreation Department prior to installation. 8. 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 building and the parking area. 9. A street tree plan shall be provided to the Parks and Recreation Department for review and approval. Note: The street trees may be placed on the project site if there is insufficient room within the Grandview Drive right-of-way. 10 10. The developer shall enter into an agreement with the city for an annual "payment in lieu of local property taxes" (pilt) to address the shortfall in the payment of municipal services. Prior to issuance of a Certificate of Occupancy: 11. The exterior elevations shall substantially comply with the approved plans by the Kalispell Architectural Review Committee. 12. An easement for the water main line and bike path on the property shall be dedicated to the City of Kalispell. 13. Curb stops shall be installed for each parking space immediately south of the building. 14. The approved storm water plan shall be implemented with any conditions required on the plan by the Public Works Department. 15. The water main line shall be installed per the approved plan. 16. All landscaping, including the street trees along Grandview Drive, shall be installed per the approved landscape plan or bonded for. 17. The sidewalk or bike paths referenced in condition #7 shall be installed. 11 Planning Department 201 1A Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kaUspeU.com/planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Community Residential Facility for more than 8 persons Multi -Family Dwelling OWNER(S) OF RECORD: Name: Robert B. & Phillis O. Ekblad Mailing Address: 319 Commons Way City/State/Zip: Kalispell, MT 59901 Phone: (406) 755-1231 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Greg Lukasik - Morrison Maierle, Inc Mailing Address: 125 Schoolhouse Loop, P.O. Box 8057 City/State/Zip: Kalispell, MT 59904 Phone: (406) 751-5845 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Address: Grandview Drive Sec. Town- Range No. 6 ship 28N No. 21 W Subdivision Tract Lot Parcel Block Name: COS 3491 Corrected COS 13066 No(s). 3G No(s). A No._ 1. Zoning District and Zoning Classification in which use is proposed: RA-1, City of Kalispell 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. ✓ b. Dimensions and shape of lot. ✓ C. Topographic features of lot. ✓ d. Size(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. ✓ g. Proposed use(s) of structures and open areas. ✓ h. Existing and proposed landscaping and fencing. ✓ 1 3. 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 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 - other information submitted as a part of this -application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and r1P�TPlnnrnPnt nrnrPec Applic t Signature y-3 -a0DI Date 2 ACCESSIBLE SPACE INC. 23-UNIT APARTMENT COMPLEX CONDITIONAL USE PERMIT The purpose of this document is to address the issues related to the application for a Conditional Use Permit for the 23-unit apartment complex proposed on Parcel A of Corrected Certificate of Survey No. 13066. Specifically, the property is located between the end of Indian Trail Road and Grandview Drive. The following paragraphs address the items under part 3 (a through k) in the Conditional Use Permit Application: A. Traffic Flow and Control: Traffic will enter and exit the property from Grandview Drive. From the site, vehicles can travel north or south on Grandview Drive. Vehicles that travel north on Grandview Drive will follow the road west and intersect Highway 93 at a stoplight. Vehicles that travel south on Grandview Drive will be able to access Highway 93 at a stoplight at the intersection of Northridge Drive via Commons Way. With the proposed use being a senior housing development, it is likely the residents will not make as many trips per day as regular apartments. It is anticipated there will be a maximum of 5 trips per day for each unit, compared to the typical 10 trips per day for a regular apartment complex. This total of 115 vehicle trips per day would be a minimal impact to the any, street network. n. B. Access to and Circulation within the Property: Site Access: The only vehicular access to the site is provided from Grandview Drive on the east side of the site. Sidewalks are proposed to connect the parking area to the apartment building. Vehicle Circulation within the property: Since there is only one vehicular access point, there is a turn -around located at the west end of the parking lot. This will provide adequate turn -around space for fire trucks, garbage collection vehicles, and local buses that transport residents through town. C. Off -Street Parking and Loading: As shown on the site plan, there is a parking lot with 23 parking spaces proposed. Although the City typically recommends one parking space for two units on a typical apartment complex, ASI would prefer to install one space per unit. One of the differences in this parking lot compared to other typical parking lots is that there is no curb between the parking area and the building. The purpose of this is to avoid the creation of a barrier between the parking area and the walkway access to the building. It is very likely the residents will need assistance walking, and a curb makes it more difficult for them to access their apartment units. Standard curb and gutter will still be installed along the entrance drive, the south side of the parking lot, the turn -around, and the garbage access. The building sidewalk, area immediately around the building, and the parking lot will be graded with a maximum grade of 2.0% in accordance with ADA guidelines. UA4691-EAPC\Design Docs\Reports\CUP Write up.docx D. Refuse and Service Areas: The refuse area will be an indoor trash room located on the northwest corner of the building. The dumpster will be located inside this room. Tenants of the complex will be responsible for getting refuse to the dumpster area. E. Utilities Utilities will be provided by the following agencies: Water: Water service will be provided by the City of Kalispell. A water main is located west of the site in Indian Trail Road which will provide domestic water and fire flow. Wastewater: Sewer service will also be provided by the City of Kalispell. A new sewer service will need to be installed from the apartment building to the existing main in Grandview Drive. Telephone Service: Telephone service will be provided by Centurytel, who is the local provider. Service will be run to the apartment complex from existing lines located west of the site in Indian Trail Road. Cable TV: Cable TV service will be provided by Bresnan Communications, who is the local cable TV service provider. An existing cable line is located in the right of way of Grandview Drive on the east side of the site. Electrical Power: Flathead Electric Co-op will provide GIeattr IIal power JelVlle to +LIhIG site. An existing power line is located along the east side of the property in the right of way in Grandview Drive. Internet Service: Internet service can be provided by Centurytel and Bresnan Communications. Other providers exist that have the capabilities to use the Centurytel lines. Natural Gas: Northwestern Energy will provide gas service from an existing main located in the right of way of Grandview Drive. F. Screening and Buffering: Screening and buffering of the parking lot area will be provided by the current topography and landscaping as necessary. The goal of the screening will be to make sure no headlights will shine directly into the neighboring properties. Options for screening include berming, planting hedges, or planting other types of landscaping. The east edge of the building will be located approximately 40 feet west of the east property line along Grandview Drive, and set back approximately 25 feet from the north property line. Since the northeast corner of the lot is the lowest point, the majority of this buffer area will be used for stormwater detention. G. Signs, Yards and Other Open Spaces: Signage: The apartment complex will have a 4'x6' sign that will advertise the apartment building. With the exception of traffic control signs, accessible parking signs and street signage (if necessary), no other signs will be located on the project. UA4691-EAPC\Design Docs\Reports\CUP Write up.docx Yards and Open Spaces: Since this is an apartment complex, there will be no individual yard areas for residents. The open space area in the northeast corner will be utilized for storm water detention. The remainder of the open spaces on the site will be landscaped and maintained by the complex. See the attached landscaping plan for the landscape details. H. Height, Bulk and Location of Structures: The site will contain one 23-unit apartment building on the north half of the property. The building will be a two-story structure with a maximum height of 33.25 feet. The remainder of the site will consist of a parking lot and landscaped areas. I. Location of Proposed Open Space Uses: As stated in Item F, the open space uses within the property will be limited to stormwater detention and landscaping. Stormwater detention will be located in the northeast corner of the property. J. Hours and Manner of Operation: The purpose of the project is to complete a low-income senior housing apartment facility. Therefore, there are no standard hours of operation since it is a residential complex. K. Noise, Light, Dust, Odors, Fumes and Vibration: There are no anticipated problems with noise, light, dust, odors, fumes or vibration to the surrounding properties once this project is completed. Residents of senior living apartment complexes are typically quiet. A site lighting plan will be completed in conjunction with the City of Kalispell lighting ordinance. Since the entire open space will be landscaped, dust should not be an issue. Odors, fumes and vibration are not anticipated to be an issue affecting neighbors to the project, since this is a residential project. The contractor will acquire all the necessary permits to complete the project, some of which will address noise and dust. During construction, no major work is anticipated to be completed outside of the normal daytime working hours, which should limit noise issues when the surrounding residents are most likely to be home. UA4691-EAPC\Design Docs\Reports\CUP Write up.docx ACCESSIBLE SPACE, INC. KCU-09-06 23 - UNIT SENIOR APARTMENT COMPLEX LEGAL DESCRIPTION The property is described as follows: Parcel A of Corrected Certificate of Survey No. 13066 located within the NW 1/4 of Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Accessible Space, Inc. April 21, 2009 Members of the City of Kalispell City Council, Planning Council and Planning Staff Attention Ms. Kellie Danielson Director of Community and Economic Development VIA FED EX Delivery 201 15Y Avenue East Kalispell, Montana 59903 Dear Members of the City of Kalispell City Council, Planning Council and Planning Staff, Per your request, the following is a brief history of Accessible Space, Inc. (ASI), its developments in the State of Montana and its successful collaboration with the City of Kalispell to secure U.S. Department of Housing and Urban Development (HUD) Section 202 application approval and Capital Advance Authority for the development of a 23 unit apartment building for income qualifying seniors age 62 and older living in the Kalispell, Montana area. The Kalispell Senior Housing Development is the 111h accessible affordable housing development in the State of Montana that ASI has been successful in securing HUD Section 811/202 development funding for since 1989. Including the Kalispell Senior 1 10(�1 -;+_ ef nuus:y Development, those 11 apartment developments repi esel lw ly 4.0 1uluw vl accessible, affordable housing and over 35 million dollars in HUD Section 811/202 development and operating funding are located in Helena (2), Great Falls (3), Bozeman (2), Missoula (2) and Billings (1). ASI began working with the City of Kalispell Director of Community and Economic Development Director, Kellie Danielson, and the former City of Kalispell Community Development Housing Manager, Lynn Moon, on the Kalispell Senior Housing initiative in March of 2008, and our ties to the Kalispell area go back several years. We first began working with Ms. Moon in 1994 when she worked for the City of Helena, Montana. With Ms. Moon's assistance and financial support from the City of Helena, ASI was successful in securing the HUD Section 811 funding for its first housing initiative in Helena (Queen City Estates) in 1995. ASI opened its second housing development in Helena (Aspen Village) in 2004. Aspen Village is a 41 unit accessible, affordable senior housing development that received application approval through the HUD Section 202 Program similar to our Kalispell Senior Housing Development. ASI's President/CEO, Stephen Vander Schaaf, has immediate family living in the Kalispell, Montana area and owns property with his brother in Flathead County so he has always had a personal interest in the City of Kalispell. When Ms. Moon became the Housing Manager in Kalispell and contacted Stephen to discuss the possibility of securing the competitive HUD Section 202/811 housing funds for an affordable apartment development in the City, ASI was excited to work with her on that potential. 2550 University Avenue, Suite 330N 651-645-7271 (1-800-466-7722) Fax: 651-645-0541 Equal Opportunity Employer Saint Paul, Minnesota 55114 TDDNoice: (800) 627-3529 Equal Housing Opportunity City of Kalispell City Council, Planning Council and Planning staff April 21, 2009 Page Two ASI worked with Ms. Moon on HUD Section 202 or 811 funding applications for an accessible, affordable housing development in the City of Kalispell in four separate years, but, until last year, we were not able to secure a HUD approvable site in Kalispell that would allow us to submit the funding application. To recap information for you and for your discussions/communications with others as needed, the HUD Section 202 Program is the principle federally -funded program set up specifically to provide affordable housing to very low-income seniors age 62 and older. The HUD Section 202 application process is available only to nonprofit organizations and is extremely competitive with very few units approved annually in any one region. HUD's Denver Multifamily Regional Hub encompasses the six states of Montana, Colorado, Idaho, Utah, North Dakota and South Dakota. [Note: ASI's 23 unit Kalispell Senior Housing Development represents all 23 Section 202 non -metro housing units that were allocated to HUD's six state, Denver Region in 2008. The successful HUD Section 202 application for ASI's Kalispell Senior Housing Development was approved on January 13, 2009 with Capital Advance Authority in the amount of $3,519,000 for the development of the 23 unit apartment building. Equally important is that the application approval also included $219,000 in the form of a three- year, renewable Project Rental Assistance Contract (PRAC). The PRAC provides the _i subsidy t_- ll-_.....i I�..:I.A:.... ). i. .L.. 1. . : .. G7 ..-..,1 rental subsidy IUI the apaI Ll IMN It UUIIUI(Iy 5 IULUre VCIy IUVV-II IIUII It: JGI IIUrJ age VG and older who will pay no more than 30% of their adjusted gross income for rent. The PRAC funds also pay for the ongoing maintenance of the building over its 40-year minimum life cycle. The 40 year minimum use for the intended purpose is guaranteed by HUD Section 202 mortgage and by HUD -formatted Capital Advance, Regulatory and Use Agreement, that will be recorded in Flathead County. ASI proposes to focus the design of the building to allow seniors to age longer in place by exceeding the 5% federal accessibility requirements with 20% percent of the resident units not only accessible, but fully wheelchair accessible. The apartment building will include wheelchair accessible kitchens and oversized wheel -in showers, as well as wheelchair accessible common areas throughout the building. The building will also include an emergency call system, pneumatic trash shoot, six-foot hallways (to allow oversized wheelchairs to pass), accessible public rest rooms, over -sized elevator, accessible community room with kitchen, hobby/activity room, sitting areas, offices for management and service staff, patio area with wheelchair accessible picnic tables and barbeque and secure building entrances with sliding doors powered by long range proximity card reader access. Accessible Space, Inc. (ASI) is a national, nonprofit organization headquartered in St. Paul, Minnesota that provides accessible, affordable housing, assisted/supportive living and rehabilitation services to very low-income adults with physical disabilities and seniors including frail elderly. ASI is the largest provider of HUD Section 811 accessible, affordable housing in the nation and currently operates with an annual budget of $27.5 million and employs over 550 people. City of Kalispell City Council, Planning Council and Planning staff April 21, 2009 Page Three Including the 43 developments we have obtained funding for in the last five years, ASI has had 139 HUD Section 811 and Section 202 supportive housing developments funded in 30 states with approximately 75% of our housing applications receiving funding in their first year of submission. Taken in aggregate, these 139 developments have generated 3,046 units of accessible, affordable and supportive housing representing over 413 million dollars worth of development, construction and operating funds. [Note: ASI's first HUD Section 202/Section 811 was in Missoula, Montana ("Eagle Watch Estates" which received a HUD Section 202 fund reservation in 1989.] ASI has over 30 years of experience in sponsoring, developing and managing accessible, affordable and supportive housing for very low-income adults and seniors. We have two real estate development managers, a real estate attorney, paralegal, and professional development staff, all of whom have worked on our 139 HUD Section 202 and Section 811 initiatives across the country. ASI currently provides property management and assisted living services to 2,358 very low-income seniors and to very low-income adults with severe mobility impairments and/or traumatic brain injuries and in 15 residential homes and 2,301 apartments. These supportive housing services are provided in 110 residential and apartment settings in 22 TI____ _1 if______ _I_1_ /1 LC.__ _t �1!__1_'1!1_ Al11 states. 1 nrough a special grant from Nevada s vmce or uisaoinry SSeniices, HJI also provides intensive day treatment, neurobehavioral programming and residential services to very low-income and indigent individuals with traumatic brain injuries in Las Vegas, Nevada. Funds for the operation of ASI's 15 homes, 2,301 apartments and supportive housing services are provided by Minnesota's and North Dakota's Departments of Human Services (DHS); Montana's Department of Public Health and Human Services; Nevada's Medicaid Division; HUD; Hennepin/Ramsey/St. Louis Counties Community Human Services Departments; Community Alternatives for Disabled Individuals Waiver; third party payors; workers compensation; and private pay individuals. This unique consortium of funding sources enables ASI to provide housing and attendant care services at 26% to 42% below the cost institutional care. Funds for ASI's additional services such as independent living skills training are provided through foundations, corporations and private donations. Not only is the housing and care ASI provides cost-effective, but ASI's unique Resident Management System encourages self-reliance and offers direct involvement of ASI residents. ASI's Resident Managers work as an effective quality assurance team and are also represented on ASI's Board of Directors. Through such active and participation in ASI's management and governance, residents of ASI decrease administrative costs, increase the efficiency of the organization's operation and promote a team effort in managing ASI's services. [Note: Over half of ASI's 11 member Board of Directors are individuals with a disability with four of these Board members receiving supportive housing services from AS[]. City of Kalispell City Council, Planning Council and Planning staff April 21, 2009 Page Four Enclosed per your request, are the referenced site control documents for the Grandview Drive location; excerpts from the HUD Section 202 application relating to "Demonstration of Need" for accessible affordable senior housing in the City of Kalispell; a copy of the HUD Section 202 application approval with Capital Advance Authority; and copies of support letters for the development in the City of Kalispell, as well as a copy of the congressional press release from Montana Congressman Denny Rehbergs office. Congressman Rehberg is also a member of the House Appropriations Committee that oversees funding for HUD. Also enclosed are updated information packets which include copies of ASI's 2005 — 2007 Triennial Report, "Creating Accessible Options For Life" and a summary of ASI's 139 HUD Section 811/ Section 202 approved supportive housing developments with ASI's 11 HUD Section 811/202 approved developments in Montana highlighted. Also included are recent newsletters, financial information and a somewhat dated article from the "Macalester Today" publication that gives a great historical summary of the origin of ASI. I have also included photos and renderings of some of our developments in Montana and across the nation. ASI was very please to secure the 2008 HUD Section 202 approval for all 23 non -metro units available to HUD's Denver Multifamily Hub six -state region. These highly competitive HUD Section 202 deve iopments are very oirricuit to secure for any community and are only available through a qualifying nonprofit organization. The applications are rated in several different categories including demonstration of need, viability of the sponsor, viability of the site and demonstration of municipal support for the development. We understand that the City of Kalispell may often require the spot development of public utilities and infrastructure to be paid for by developers of adjacent property. Unfortunately, HUD is very careful to assure that these highly sought after Section 202 funds targeted specifically to provide accessible affordable housing for seniors age 62 and older living in the area are not used to expand or improve municipal infrastructure. There is no profit allowed in the development, and the project financing is set up such that we can only be reimbursed by HUD for allowable development costs. ASI sincerely appreciates your consideration and assistance in helping us find a way to develop the referenced Grandview Drive parcel within the constraints of the HUD Section 202 Program, thereby avoiding the necessity of a site relocation request to the Denver Multifamily Hub Office and the possibility of loosing the federal funding for development of the critically needed, accessible, affordable senior housing in the City of Kalispell. For your additional reference, the HUD Multifamily Project Manager assigned to this development from the Denver Multifamily Regional Hub Office is Ms. Elaine Chavez. Ms. Chavez can be reached by phone at 303-672-5427 or by e-mail to Elaine—M._Chavez@hud.gov. City of Kalispell City Council, April 21, 2009 Page Five Planning Council and Planning staff Upon your review of this letter and accompanying material, please feel free to contact me at 1-800-466-7722, ext. 206 or via e-mail to dbillmark(a)-accessiblespace.org. I will also follow up with phone discussions to Ms. Kellie Danielson and with ASI's Civil Engineer, Mr. Greg Lukasik. We look forward to our continued collaboration to provide the critically needed, accessible, affordable housing for seniors with incomes at or below 50% of the area median income living in the Kalispell, Montana area. Si cerely Dan Billmark Director of Real Estate Development D B/d b Enclosures Cc: Mr. Stephen Vander Schaaf President/CEO A Accessible Space, Inc. . Mr. Tom Jentz Planning Director City of Kalispell, Montana Mr. Brad Fuller General Counsel Accessible Space, Mr. Greg Lukasik Project Manager 11 A....,.:....... 11 A,.:....I .. Inc Morrison iso 1viaiei le, I is Mr. Harold Thompson Project Architect EAPC Architects Ms. Elaine Chavez Project Manager Inc. Denver Multifamily Hub U.S. Department of Housing and Urban Development May 25, 2009 Subject: Senior Housing, Grandview Drive Dear Planning Board: FCE11/E LISPELL PLANNING DEPARTMENT was at the May 12 meeting concerning the projected plan for a Senior Housing development on Grandview Drive. In addition to the fact that this structure and parking lot will now be my entire view, I also object to the proposal because it will cause too much traffic on this section of Grandview. This road is very popular with joggers, walkers, cyclists, parents with strollers. School athletes use it and so do participants in various charity runs. It is a peaceful part of Kalispell and I'd like to see it stay that way. The added traffic is not a pleasant prospect and there is no doubt that people will be parking on Grandview. Contrary to the opinion expressed at the meeting, the path through the Ekblad property is used by only a few people now merely because there's nothing there and the current owners have not objected to its use. It's not a gateway to anything. - Some people walk their dogs through there and not all of them clean up after them. And an improved pathway will encourage usage and more than walkers. Why would you approve something so out of place? If you physically check out the site, you will see this is not a suitable location for such a huge structure. Thank you. orma M. Ryan 335 Commons Way Kalispell MT 59901 53 22 7 55 11 10 ` /co s z 12 11 18 57 s D 2 4 13 12 17 A p B BE 1 F 13 16 f5$,r f J� D 59A A t Gc s 2 ,i f ADD 14 15 59B C A B D E q 3 a 6 8 z �� IA r:, a G77 NTR 60 CountyD 0 0 1 < 12 R-1 1A 4 C l r "C 1B �::�L4 0 2C B 4B ' 4'N N f°: B 1 B 3B _ , �L T S _AS 1C 4A 3A 2A 1A 3A 28 i A 22 PH 8� 18 1 � r z4 2� 1 2 L.0 9 3 1 � 3 $ 4 15 4 0 5AA ;. 5 14 0 6 13 5 4 .1 5 3 7 VICINITY MAP SCALE 1" = 200' ACCESSIBLE SPACE, INC REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 23-UNIT APARTMENT COMPLEX FOR THE ELDERLY ON GRANDVIEW DRIVE NEAR INDIAN TRAIL. THE PROPERTY IS ZONED RA-1 (LOW DENSITY RESIDENTIAL APARTMENT) PLAT DATE 4/8/09 FILE # KCU — O 9 — 0 6 H:\gis\site\kcu09_06 Accessible Space.dwg CERTIFICATION APPLICANT: Accessible Space, LLC/Conditional Use Permit FILE NO: KCU-09-06 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. Date: S-T-R: 6-28-21 Tract/Lot: Tr 3G Property Owners: Robert & Phillis ]Ekblad 319 Commons Way Kalispell, MT 59901 Morrison - Maierle, Inc. Attn: Greg Lukasik P.O. Box 8057 Kalispell, MT 59904 AND ATTACHED LIST _ L _ _— O t'b_ -111 _ T 1 _,_, _ A Morrison - Maierle, Inc. Hobert av rruMs r xpiaa Attn: Greg Lukasik Ryan Family Trust 319 Commons Way 335 Commons Way Kalispell, MT 59901 P.O. Box 8057 Kalispell, MT 59901 Kalispell, MT 59904 Norma Daniel Revocable Trust Margaret & F Weber Rev Fam Tr Edward 8s Marilyn Eberly 325 Commons Way 905 North Garry Drive 317 Commons Way Kalispell, MT 59901 Liberty Lake, WA 99019 Kalispell, MT 59901 Dorothea Armstrong Jane M. Knickerbocker Ken Armstrong 305 Commons Way 307 Commons Way P.O. Box 8778 Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59904 Robert A. Braig Legal Guardian Carol A. Halcro Thelma Johnson Jacob A. Braig 295 Commons Way 109 Palmer Drive P.O. Box 732 Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59903 Joyce Reed Trust Anthony Lupo Buffalo Commons Multi 273 Commons Way 275 Commons Way Family Property Owners Kalispell, MT 59901 Kalispell, MT 59901 P.O. Box 9335 Kalispell, MT 59904 Susan Anderson Buffalo Head HOA Melville & Rose Hughes Trust 300 Ponderosa Street P.O. Box 263 720 Arnold Court Kalispell, MT 59901 Kalispell, MT 59904 Dixon, CA 95620 Schrandt Living Trust Barbara Stava Robert Lance athryn Posten 12842 Castleband P.O. Box 10785 KLupine Drive San Antonio, TX 78230 Kalispell, MT 59904 37 Rexford, 59930 Jerry 8s Claire Kasala Marc 8v Linda Spratt Bradley Shields 10 Glacier View Drive P.O. Box 2482 302 Harrison Blvd Kalispell, MT 59901 Kalispell, MT 59903 Kalispell, MT 59901 Jon Ss Taira Desart Jennifer Micklewright Claudette Vance d Road 512 Glenwood 303A Harrison Blvd 303B Harrison Blvd Whitefish, oo 5oad Kalispell, MT 59901 Kalispell, MT 59901 Judith Lyons Jim & Sheila Rohrer Robyn Sylvester 304 Ponderosa Street 21914 N Acapulco Drive P.O. Box 723 Kalispell, MT 59901 Sun City West, AZ 85375 Kalispell, MT 59903 M-1,1r --A u-1.4 ,,., r t r n t mt _ o—t_.._ r rt__-3- 1--1CWU LCLLlu 11V11.-Ir" LLt.. l...cil VL 111V111CLJ OLGIJ11C.i1 U. rqul w 2701 Ivy Drive 314 Ponderosa Street 30 5th Street East Great Falls, MT 59404 Kalispell, MT 59901 Kalispell, MT 59901 Robert W. Main Jr. Connie L. White 2125 Mission Way South Kalispell, MT 59901 David & Tammy Rozdeba 28 Sierra Drive SW Medicine Hat, AB, CN T1B 4T2 Ponderosa, LLC 410 Golf Haven Drive Whitefish, MT 59937 Rudolf Schoesser 316 Skyline Drive NE Great Falls, MT 59404 Ashley A. Duty 308 Ponderosa Street Kalispell, MT 59901 Hugh & Melina Douglas P.O. Box 9254 Kalispell, MT 59904 Jan & Linda Van Der Poll P.O. Box 1057 Kalispell, MT 59903 City of Kalispell Attn: City Clerk P.O. Box 1997 Kalispell, MT 59903 Perry 8s Donna Dooley Keith & Michelle King 28 Sierra Drive SW Medicine Hat, AB CN T1B 4T2 Robert Heinecke 320 Ponderosa Street Kalispell, MT 59901 Robert 8s Susan Zahrobsky AD% All Pro Rental P.O. Box 2273 Kalispell, MT 59903 Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/i3lannin2 You are being sent this notice because you are either a property owner within 150 feet, or in the vicinity of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information or visit our website at www.kalispell.com/i)lanning/. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION May 12, 2009 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, May 12, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make recommendations to the Kalispell City Council who will take final action. A request from Accessible Space, Inc. to secure a conditional use permit to construct a 23 unit assisted living apartment building on approximately 1.9 acres of land zoned RA- 1 (Low Density Residential Apartment). The property is located at the eastern end of Indian Trail Road between Indian"lY7ail Road and Grandview Drive. 'i'ne property is currently undeveloped. Vehicle access will be from Grandview Drive with parking and fire truck turn around provided on site. The property can be legally described as Parcel A of Corrected Certificate of Survey No. 13066 located within NW1/4 of Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to the agenda item are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition information on each agenda item is posted one week prior to the meeting on our website at www.kalispell.com/planning under "Planning Board Projects". No. 14353 NOTICE OF PUBLIC HEAR- ING KALISPELL CI f Y PLANNING BOARD AND ZONING COM- MISSION May 12, 2009 The regular meeting of the Ka- lispell City Planning Board and Zoning Commission is sched- uled for Tuesday, May 12, 2009 beginning at 7:00 p.m. in the Ka- lispell City Council Chambers, Kalispell City Hall, 201 First Ave- nue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make recommenda- tions to the Kalispell City Council who will take final action. 1. A request from Accessible Space, Inc. to secure a condi- tional use permit to construct a 23 unit assisted living apartment building on approximately 1.9 acres of land zoned RA-1 (Low Density Residential Apartment). The property is located at the eastern end of Indian Trail Road between Indian Trail Road and Grandview Drive. The property is currently undeveloped. Vehi- - ,cle-access-will be from -Grand- view Drive with parking and fire truck turn around provided on site. The property can be legally described as Parcel A of Cor- rected Certificate of Survey No. 13066 located within NW 1/4 of Section 6, Township 28 North, Range 21 West, P.M.M., Flat- head County, Montana. 2. A request by the City of Ka- lispell to amend Section 27.24.050 of the Kalispell Sign -Cod- to -Ilnw the placement of up to 2 temporary off -premise signs per lot in any R (Residen- tial) zone. The amendment would limit the size of the signs, require that the signs be placed on private property, require the underlying property owner's ap- proval, limit the display of signs to 8:00 a.m. to 8:00 p.m., and establish application procedures. Documents pertaining to the agenda item are on file for public inspection at the Kalispell Plan- ning Department, 201 First Ave- nue East, Kalispell, MT 59901, and are available for public re- view during regular office hours. In addition information on each agenda item is posted on our website at www.kalispeli.comlpianning un- der "Planning Board Projects." Interested persons are encour- aged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Kalispell Planning Depart- ment at the above address, prior to the date of the he ++ ng, or you may call us at (406) 758-7940, or e-mail us at planningQkalis- pell.com for additional informa- tion. /s/ Thomas R. Jentz Thomas R. Jentz Planning & Building Director April 26, 1-009 STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 14353 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY 'THE-RE0F ON THE DALES Of April 26, 2009. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. 1 `- - -- -- -� --- ---- ----- Subscribed and sworn to Before me this April 27, 2009' . ' Il Dorothy Glenc s Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/2009