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09. Conditional Use Permit - Jody Middleton and Lori FisherREPORT RBL SUBJECT: MEETING DATE: City of Kalispell Planning Department 7 - 2d Street East, Suite 11, Kalispell. Montana 59901 Telephone: (406) 7 Fax: (406) 7 Web l e# kafispell.planning.com Kalispell Mayor and City Council Tomas R. Jentz, Director James H. Patrick, city Manager Jody Middleton request for a conditional use permit for a. three unit townhouse at 1320 6thAvenue West February , 200 BACKGROUND: This is a request by Jody Middleton for a. conditional use permit to allow the construction of a three unit tovmouse on a. 25,092 square foot lot which already contains a single family residence} The new units would each have a. two car garage, be two stories in design and range in size from 1,550 to 1,630 square feet. The property address is 1320 6th Avenue West and the site is on he west side of the street. The Kalispell City Planning Board held a pu le hearing on January 10, 2006 to consider this request. Staff evaluated the project stating that the property was zoned R-4 whichallows townhouse projects by conditional use permit. In addition, this project was considered as infill noting that the applicant's lot was twice as big as adjoining lots in the neighborhood. Staff did recommend approval with 6 conditions attached. Jody Middleton, the owner, spoke in favor of the proposal saying he agreed with all the conditions# A neighbor spoke in opposition stating that she represented several a Viola ing property owners in the area who were concemed about the size of the project and the increasing number of kids are.d traffic in the neighborhood. After the public hearing the board discussed the property are.d the character of the neighborhood. The board noted that the zoning code actually aHowed up to 8 dwelling units on the site. They also noted that It was a. very thoughtful design allowing considerable open space. A motion was made to adopt KCU-05-1. o as findings of fact are.d forward a. unanimous recommendation to approve the conditional use permit with the 6 conditions as presented. REC hEMI' ' ` N: A motion to approve the conditional use permit with the conditions attached in staff report K U-- 5--1 o would be in order. FISCAL EFFECTS; Positive impacts once fully developed.. ALTERNATIVES: As suggested by the City Council, Jody Middleton/Lori Fisher conditional Use Permit January 25, 20G6 Page 2 Respectfully submitted, Thomas R. Jentz Director Report compiled: January 16, 2006 --ter armies IH. Patrick City Manager Attachments: hments: Staff Report KC - 05- 10 and apphcation materials Theresa White, KalispeH City Clerk City of Kalispell P. o. Box 1997 Kalispell, Montana 990 -1997 GRANT OF CONDITIONAL U S E APPLICANT: Jody Middleton & Lori Fisher 1 Helena Flats Road Kalispell, MT 59901 LEGAL DESCRIPTION: Assessor's Tract 8T-H .located in Section IS, Township 28 North, Range 21 west, P.M.M,, Flathead County, Montana ZONE: Two Family Residential, R-4 The applicant has applied to the City of Kalispell for a conditional use permit to construct a three unit townhouse on an existing 25,092 square foot lot. The property at 1320 6th Avenue west already has a single family residence on it, which world be retained. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, o January 10, Zoo , held a public hearing on the application, took public comment and recommended that the application be approved subject to six 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-05-10 as the Co ncil's findings o f Fact, and issues and grants to the above -described. real property a conditional. use permit to allow the construction of a tree unit townhouse on are existing 25,092 square foot lot located at 1320 6th Avenue west in are R-4, Two Family Residential zoning distrIct subject to the following conditions: 1. That the development of the site shall e in substantial compliance with the application materials and site plan submitted, as well as any additional co.diti.ons associated with the CUP as approved by the city council. Kafispell Subdivision Regulations, Appendix C Final Plat). 2. Prior to the start of construction on the townhouse units, the applicant shall go through the subdivision approval process and secure final plat approval. 3. The applicant shall e required to extend individual water and sewer service lines to the individual townhouse units in accordance with a plan approved by the Kalispell Public Works Department. 4, The applicant shall comply with all building code issues prior to occupancy of the building. 5. The applicant shall comply with all fire code issues prior to occupancy of the building a. The placement of an additional hydrant if it proves necessary. b= The placement of house addresses that are clearly visible from 6th Avenue West. This could be done through a single address sign at the entrance of the common drive or by placement of house address numbers of a size and location on the houses that are vlewable from 6th Avenue West. . The conditional use permit is valid for a period. of 18 months from the date of authorization after which time if the commencement of actvities has not occurred red the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this 6th day of February, 2006. STATE of MONTANA s County of Flathead Pamela B. Kennedy Mayor On this day o , 2006 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 1s subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and. year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires City of Kalispell Planning Department Stream East, Suite 1 � Kalispell, Montana 59901 Telephone: 6) 751-18 Fax: (406) 751-1858 We site: a s e la ning. cow. January 25, 2006 James H. Patrick, City Manager City of Kalispell P.O. Bx 1997 Kalispell, MT 593 Re: Jody Middleton request for a conditional use permit for a three um.t townhouse at 1320 6th Avenue West. Dear Jim. - The Kalispell City Planning Board met on January 10, 2006 and held a public hearing to consider a request for a conditional use permit to allow the construction of a three ,nit townhouse on a 25,092 square loot lot which already contains a single family residence. The new units would each have a two car garage, he two stories in design and range M size from 1,550 to 1,630 square feet, The property address is 1320 Avenue West and the sites on the west side of the street. Tom Jentz of the Kalispell Planrang Department presented staff report KCU-05- l evaluating the project. He noted that the property was zoned R-4 which allows townhouse projects by conditional use permit. He stated that this was considered and .fffl project and that the applicant's lot was twice as big as adjoining lots in the neighborhood. Staff' did recommend approval udth 6 conditions attached. Jody Middleton, the owner, spoke in favor of the proposal saying he agreed with all the conditions. neigh r spoke in opposition stating that she represented several adjoining property ovmers in the area who were ccncer ed about the size of the project and the increasing number of kids and traffic in the neighborhood. After the public hearing the hoard discussed the property and the character of the neighborhood. The board noted that the zoning code actually allowed up to 8 dwelling �s on the site. They as€ nested that it was a very thoughtful design allowing c s' dera. le open space. motion was made t adopt KC - 5-- l as f dings fact and forward a unanu*nous recommendation to approve the conditional use permit with the 6 conditions as presented. Jody Middleton Conditional Use Permit January 25, 2006 Page Please schedule this matter for the February 6, 2006 regular city council meeting. You may contact this board or Tom Jentz at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City lanru*ng Boar. George Taylor oar President GT/TJ/rrza Attachments: Sty' report KC -o - 10 and apphcation mat r al Minutes o theT 10 o .T la ng board meeting wtt: Theresa ate, Kalispell City Clerk o Att: Jody Middleton/ Lori Fisher, 881 Helena Flats Road, Kalispell, MT 59901 M-ME' N FISHER TRI-PLEX REQUEST FOR C NDMONAL USE PEST KALISPELL PINING DEPARTMENT STAFF REPORT KCU- - o JANUARY 3, 2006 This is a report to the Kalispell City Planning Board and. Rahs eH City Council regarding request for a conditional use pest to allow the construction of a three unit townhouse on an existing lot. A public hea.rir� is scheduled before the planning board on January 10, Zoo , in the Ka..lis e . City Council Chambers. The planning board will forward a. recommendation to the city council for final action. BACKGROUND UFFoR3I TN: Applicant: Jody Middleton 881 Helena Flats Road Kalispell, MT 59901 212-5641 Owner: Lori. Fisher 881 Helena Flats Road Kalispell, MT 59901 25-3319 B. summary of Request: The applicant is requesting a conditional use permit to a .o r the construction of a three unit townhouse on a 2 5,09 2 square foot lot. The wits would e two stories i . design and range i size from 1,550 to 1,630 square feet. Each unit would have a two car garage. This is considered an ffi ll project as there is already an existing single family home and 8 car garage on the front of the property. The applicant proposes to remove the existing three car garage located in the middle of the lot and then build a new two car garage immediately vest of the existing 3 bedroom house. On the rear(westerly end) of the lot the applicant then proposes to construct the 3 townhouse units oriented north -south. A two unit townhouse is a. permitted use in the R-4 zone; a three unit townhouse requires a conditional use permit. The townhouse provision in the zoning ordinance fails under Section 27.22.130, Su lots, and states the following-. 't wed s may e constructed on su lots within any onin district which Permits multi -family dwellings, cluster housing, or townhouse dwellings. Sublots are subject to subdivision approval and, if required, a. conditional use pennit. (1). Site Requirements. a # Su lots acre eligible only within a. recorded subdivision lot whose area is at least 6,1000 square Feet. . The allowable number of su Lots shall be determined by dividing the ross area of the platted lot y t xe density 1mits of �e a lica le zoning district, In the event that the design utilizes common ownership of common areas, the area of the lot(s) plus the common area. shall be divided by the density limits of the ap phca ie orm'g district to deterr. ire the ali.owa ie number of sublots. In no case, however, shad a su lot have an area less than 2,000 square feet nor more than one dweg urlit thereon. (2). .dmg Limitations. The yard, height, and area requirements of the district shad. apply to the entire area of the platted lot. Common ownership of the yards is permitted. shared interior property ound.ary les is anticipated to be developed at a. zero lot Eme. Note that the applicants would be re fired to go through subdivision to create the 3 individual townhouse sublots as weH as to create another free standing lot for the existing singe fly residence. The applicant is waiting to see if the townhouse project is approved before proceeding with this minor subdivision. application. C. size and Location; The address of the property is 1320-6th Ave. West and the site lies on the west side of 6thAve. West. The property contains a.proxirnately 25,092 square feet. It has 123 feet of frontage on 6thAve. West and is 204 feet deep. The property can be described as Assessors Tract 8TH located in Section. 18, Tovmshi 28 North, Range 21 West, . M. M. , Flathead County, Montana. D. Eldsting Land Use and Zoning: The property contains a 3 bedroom single family house and a large structure containing a. two car garage plus shop. The site is level and has a 4-foot high ciao link fence on most of the perimeter. The property is zoned R-4 Two Family Residential. The R-4 zoning designation has a rr ' Um lot sire requirement of 6,000 square feet and is generally limited to single family and duplex or townhouse development. ent. y conditional use permit, as is this case, a. larger townhouse configuration can be considered. E. Surrounding Zoning and Land Uses: This property is located in an older residential neighborhood characten4zed by 14 acre or urger lots. several two unit townhouses have been recently constructed in the neighborhood including one adjoining the rear of this site and one constructed two hoses to the north. North: Single family residential and two unit townhouses, --4 zom'ng South: single family y residential, R-4 zoning East: Single family residential, R-4 zoning West: Single family residential and two unit townhouses, R-4 zoning P. Growth Policy Plan Designation: The Kalispell City Groff Policy designates this area. as urban Residential. According to the Growth Policy, Chapter 3, Policy 10 describing Urban. Residential: . Urban Residential areas should be developed where adequate services and facilities are available, (The neighborhood is served by city sewer and water and lies within the service area of city police, fire, axnbulance and refuse pickup. . Typical densities should not exceed 3 - 12 omits per acre. (This site proposes 4 omits on 25,092 square feet which creates a density of 7 units per acre, c. Single family homes are the primary use however duplexes, apartments and dispersed multi -family housing is anticipated. 'he applicants propose a 3- 2 unit townhouse and a single family residence M this project,) . Urban areas should be fully serviced by urban. infrastructure M' cludi. paved streets, curbs and sidewalks, landscape boulevards and public serer and water. (The site has all amenities except for sidewalks. sidewalks do not exist in this neighborhood.) e. These areas should have convey er t access to neighborhood business districts, parks and elementary schools. (The site is in close proximity to the high school, a grade school and the dovmtown. There are no city parks, however, within a reasonable distance) . G. Uie Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid waste: City of Kalispell Gas: Northwest Energy Company Electric: Flathead Electric Cooperative Phone: Cer turyrel Police: City of Kalispell Fire: KahspeH Fire Department Schools: School District ct 5 , KahspeR EVALUATION OF THE REQUEST The application is reviewed in accordance with the conditional use review criteria �r� the Kalispell Zoning Ordinance. Site suitability: a. . d.e uate Useable dace: The site contains 25,092 square feet. The zor n , by conditional use pest, would allow up to 8 units on this site, only 4 are proposed. The four residences and the associated 2-car garages could. cover 47770 square feet for a lot coverage ratio of 1 %. The R-4 zone allows up to % coverage. The existing residence is sot back 40 feet from 6thAve. west. All other front, side and rear yard setbacks are met. . Adequate Access: Access to the 3 umt townhouse and the existing house would be via a new 20 foot wide paved private road which would be constructed along the south side of the property. c. Enyiro=en.ta . Constraints: The lot is outside of a designated 100 year flood lain, is flat, and is not subject to erosion or sloughing. 2# ,appropriateness of des* a. Parking and site circulation.: All the existing and proposed residences would access onto a new 20 loot wide private road that runs along the out side of the property. This will scare to Focus all traffic on one approach along t Ave. West. Traffic along 6th Ave. West is minimal at this time. The project would add between 2 - 30 trips per day. Each residence proposes a two car garage and each garage will have a 20 foot mini -MUM 3 AF parking area ire front of each. garage. The minimum required parking for this project is 10 spaces 2 1/2 spaces per residence). The project supports 16 spaces off street. b Open ....... pa : The proposal contains 4,770 square feet in buildings and approximately 5,000 square feet in paved area. This equates to 0 in hard surfaces. Conversely 0% of the site or approximately 15,000 square feet will be maintained in lawn or open space. The townhouse units WiR have proportionally less because of the umt configuration, while the single farnily residences will have significantly more. C. Fencinal Screenit Land.sca ire : The property has a 4 foot high chi link fence around most of the site. The applicants propose to extend the chain link fence along the entire perimeter. d., �: No signs are proposed or anticipated. Availability Public s rvices/ Facilities: a.. Schools: This site is within school District 5. Limited impact is anticipated from. the proposed townhouse units. Approximately 2 additional school aged children might be generated as a result of the creation of the tree townhouses within the parcel. . Parks and Recreation: n: There is no park that lies within walking distance of this parcel. C. Police. Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed residential facihty. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed townhouses. Building access as well as the number and placement of fire hydrants will need to meet Uniform Fire Code requirements and he reviewed and approved by the fire marshal.. e. Water and se rer: Water and sewer are currently in place on 6th Ave. West. Individual service limes or a main with separate service lines wild be required to be extended to serge the new townhouse units. '* Solid Waste: Solid waste pick-up vim be provided by the city. Sohd waste wiU be taken to the County Landfill dfill where adequate capacity emsts. . Streets: Traffic generation from the development is estimated to increase from 24 to 30 units per day based on the estimate of s to 10 vehicle trips per residence per day. 6thAve. West is in good condition and traffic will typically flow north to I 1 t Street which serves as a collector and eventually as a minor arterial. 4 . Neighborhood Impacts: Development and lard use impacts associated with the creation of the three unit townhouse wiH be typical of residential development. The adjoining properties appear to be single family i character and propose a. development pattem slightly denser than currently exists. Traffic impacts will be n=mal due to the small scale nature of the development. Of greatest significance will be the introduction of a significantly r larger building; mass a two story 3-unit townhouse) into the rear yard of this property and therefore into the rear yard of the surrour ding properties. This can only be fly dete=ined by public comment and sentiment. A notice of public ,bearing was mailed to property owners within 150 feet of the site approximately 15 days prior to the heahng. No public comment has been received to date. 5* Consideration of historical use patterns and recent changes: The neighborhood was hi toriea ly developed by slightly larger single family lots. Approx=' ately 20 rears ago, the city assisted the neighborhood through CDBG grant funds to extend grater, sewer and undertake ke sheet improvements in this neighborhood. Since that time, several of the vacant lots irk the greater neighborhood have been converted to two unit townhouses. The two unit townhouse configuration has become a. popular housing option in the market as the demographics of the area. change. It has become popular for an aging population wanting to do nsi e, for small families entering the market and "empty .esters" wanting less responsibility in maintenance. This project abuts a two unit townhouse on the merest rear side and lies 3 doors to the south of one recently built to the north. There are no three unit townhouses in the area.. 6. Effects on property values* No significant impacts on property values are anticipated. The proposed development is residential in character. The lot in question is lamer than neighboring lots and can therefore accommodate a slightly larger structure. The construction ill be new and while slightly out of character, it is still residential in nature and anticipates home ownership. RECOADMNDATION Staff reconu .e ds that the planning board adopt the staff report KCU-05- o as Endings of fact and recommend to the Kalispell. City Council that the conditional use permit be approved subject to the following conditions: That the development of the site shall e in substantial compliance with the application materials and site plan submitted, as well as any additional conditions associated with the CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) . 2. Prior to the start of construction on the townhouse units, the applicant s .aU go through . the subdivision approval process and secure final plat. approval. 3. The applicant s .afl be required to extend individual water and seweir service lMes to the individual townhouse units in accordance with a plan approved by the Kalispell Public Works Department. . The applicant shall comply with all building code issues prior to occupancy of the building. 5 . The applicant s .afl comply with ail ire code issues prior to occupancy of the building including: . The placement of an additional hydrant if it proves necessary. . The placement of house addresses that are clearly visible from 6thAve. West. This could be done dough a single address sign at the entrance of the common d rI e or by placement of houseaddress numbers of a size and location on the houses that are viewable from 6thAve. West. The conditional use pest is vand for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the cunt shall be void. A continuous, good faith effort to design. the building, obtain fmancing and other activities shall be considered a. commencement. REPORTS/ Kc o K --1 Staff-. TJ 0 City of Kalispell Planning Department 17 - 2nd Street East, Suite 11 � Kalispell, Montana 59901 Telephone: o 51-1 50 Fax., o 7 3 -1 5 APPLICATION FOR CONDITIONAL USE PERMIT i PROPOSED USE: OWNER(S) OF RECORD: .dame} t Mailing Address CityState Zip l �� Phone: ,..� PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHAM ALL CORRESPONDENCE IS T4 BE SENT: Name: D -7 Mailing Address: (- �-) d C tyState Z* ....... :.5 Phone -,a.... - LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street .� `' Sec. 'town- Mange Address- i3'1C No, ship I _j�.j oeut*o. Subdivision Tract Lot. Block Name: Nos . No(s)f o.— 1. Zoning District and Z ning Classification in which use is proposed: /e- - 2. Attach a plan of the affected lot which identifiesthe following items: a. Surrounding a d uses, b. Dimensions and shape of lot.. C. Topographic features of lot. 1 � . d. Size(s) and location(s) of existing buildings ,. e� Si .e . and. to atfo . of proposed. buildings., .....- L Existing use(s) of structures and open. areas. Proposed use(s) of structures and open areas. h. Existing- and- proposed landscaping- and fencing. 3. x- a separate- sheet- o -paper, discuss - the folloW M" topics relative to the proposed use*. a. Traffic flog and control. b. Access to and circulation within the property- C. Off-street parking and loading. . Refuse and service areas. . Utilities. Screening and buffering. . Signs, yaxds and other open spaces_ .. Height, bulk and location of structures. i� Location of proposed open space uses. Hours and warner of operation.. . Noise, light, dust, odors, fumes and vibration. - ICC l Attach supplemental information for proposed uses that have additional requirements (consult Planner). hereby certify under penalty alt 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,- are. 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 monitofing and inspection during the approval are. development process. 62 Afi f 8 ri C Signature Date 2 Comments per Application for Conditional Use Permit 2. a) Residentia b) This lot is: one hundred twenty three feet on 6th Avenue West, two hundred and four feet deep. e This lot is flat. d Exhibit D. e Exhibit E. proposed site plan. f) one three bed room home, 2 ear garage with lento for storage of camping traf e . The rest of this lot has been used for lawn and gardens. a) Keep exiting home and adding a detached 2 ear garage behind home. South side of lot to have utilities and driveway to hack of property for three townhouses. h The hack part of lot has a four foot chain link fence. Chan link fence across the whole front of property. A rose garden, with a lawn finishing out the front yard. small vegetable garden in the hack, with the rest in yard for the dogs to roam. A two ear garage is i the middle of this lot, with a lento for storage o camping traer i. winter. a private drives h Exhibit e private driveway d off street e) Exhibit U. f) Not applicable g) Exhibit E. h Exhibit E i Exhibit E. j) Not applicable k Not applicable Dear lan'g Commission: We ovm the property of 1310Avenue West, which currently has a 1200square foot single family dwelling on it, and a large detached -ear garage with attached shop and lean-to perpendicular to the house, facing 6 Avenue West. We planted a flower garden south of the driveway and more trees to the east and south of the house, facing the street. The entire property is surrounded by a " chain lire fence. r This proposal is to keep the existing home where it is, and to replace the existing garage with two ear garage to the west of te house where it will be more accessible to the home, and certainly more ascetic from all sides of the proper. To give the existing home a larger lawn area, the cur -rent driveway will be moved 25 feet away from the house to the south, and all roadways will be paved, controlling dust and noise. There will be an addition of three townhouses with attached garages to the west of the existing house and new garage. These will be sided in a neutral vinyl that will blend with the emsting home and surrounding duplexes and homes. These will be single-family residences, tidy and constructed with quality and neighborhood integrity in mind. Established trees will be preserved and additional landsea ing put in. There will be no curbside parking, as each residence will have individual to -ear garages plus 2 s ces per townhouse within the property boundaries, so R th increased curbside congestion on Ave. West will not e are issue. From6 Ave. West, the existing view wit remain as it , sMce thefront-yard o the e�stir g owe �I have increased lawn areal but otherwise remain unaltered,, and the existing trees and bushes to the south will become the common area. The new driveway will be wider and paved, rather than gravel, reducing dust and noise. The new garage and residences will be more pleasing to look at than the old garage which currently faces the street. In fact, the new residences will barely be visible from the street. All structures will be lined on the north side of the property, and the south gird of the property will consist of the driveway and landscaped areas. The neat chain link fencing will remain in place around the properties and a ' section will be added between the new garage and the most easterly townhouse. 'lease accept our effort towards providing quality affordable housing with urban in -fill., rather than contributing to the rural housing sprawl across our valley. We appreciate your consideration of this proposal to tidy up an existing property, and to provide quality residences convenient to town. Most Sincerely, Lori A. Fisher Jody L. Middleton View from South East -doming down Driveway 4 t-�►�, 12 3 6 4 — 5rkt Coun 8s18SA 8TDBI j 1 86 8GA R-1 Cu�ttx; QarDB �`�� - - - 8RA 8 R aTz 8 12B arwa 8T 8T12A �,y�;-,; 8 R A 8RB 8T14 gT12A 8TWA 8T P 8QAA' 8QB 8TTs arwa �' aT 8TT 8TTA gTyB�38TG �� BTF8)e�arx 8rw arFa' sTxa 8T aTwc 2 HTH STJA 8TYAB; 8THB 8T1 8TE 8TEB 88TPgTYA auar 4 � 8TE 8TEA 8T❑ 8TY � l,, _ ,r ti -8T2C 8TYC 8TYB 8T� ty 8T28BTYF _2- 2 ,8TA., R- 3 � !)Co8TYE �4 . ... ... 8TCA ''N BT6D e 411111 8T6 A 4AC,, -5 - 6 8T3 8 8T7 8T4 10 8 T 8TAA 8T3A 8TSA 8T7 8T4 8 T 8T10A 7 8T9 8T8 8T5 S S 8T10 8T8A --------- BTKA; 8TKA 8TK 8T13 8T 8T . . . . . . . . . . . . . . %c IAN VICINITY MAP SCALE 1"= 200' JODY MIDDLETON & LQRI FISHER A CONDITIONAL USE PERMIT TO ALLOW A TRI—PLEX IN THE R-4, TWO FAMILY RESIDENTIAL DISTRICT (� PLOT DATE 12/7/05 ILL.i# KCU-05-10 1f:\gis\site\kcu05-10.dwg ..._....... ................ ..--........ ..... -- ---......_—_....._........................._......_......... ...... ... .......---—........__.. 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City of Kalispell Planning Department 17 - 2_"dStreet Easy, suite 211, Kal, Montana 59901 Telephone: o 1 - 1 5o Fax: o751-1858 Wesi: kaiolaanin.00 .MEMORANDUM T : Kalispefl City Staff Other Interested Parties FROM: Tom Jentz, Director �G`� RIE: January 10, 200 - Kahspell Planning Board Meeting DATE: December 20, 200 These items will go before the Site Development Review Committee in the Ka s e . Building Department on the fo low gdates: 0 Dec 22 - Initial Review • Dec 2 - Staff Comments Pleas Note: Not all of the projects. listed, will warrant your consideration or comments - only those within your apphcable area of jurisdiction or review. Final Comments BY: December 30 so that they can be incorporated into the staff report for the January 10, 2006 public hearing. Please bring your comments to the above referenced site review committeemeeting(s) or submit your comments in writing or by phone so that they can be incorporated j.to the staff report to the planning board. You can reach me at 751-1850 or e-mail at tjent4& a s e11. co ,. 1, A request by James & Karen Holmquist for are initial zor'g designation of -2, SMgle Family Residential, , upon a nematio . to the city of Kalispe I on approximately 2.5) acres. The property is located at 405 West Evergreen Drive just east of Whitefish Stage Road.. 2. A request by Luther French for an initial zoning designation of -2, SiLng e Family Residential, upon annexation to the city of Kalispefl on approximately I acre. The property is located at 1624 Woodland Avenue. 3. A request by John & Bobbi Bonner for an Miami zoning designation of -1, Neighborhood Buffer District upon annexation to the city of Kalispell on approximately 1 acre. The property is locate, at 1322 Whitefish Stage Road., north of West Evergreen Drive. -. request y Jody. Middleton & Lori. Fishier for conditional use pes � t to avow the. construction of a three -mot wnhc in addition to a single family residence that currently gi sts on the property. The .e ro rty is located at 1310 - 6th Avenue West in Kalispell and is zoned 4 , Two Fly Residential. . A request by Montana Commerce, LLC for an `tl ial zo g designation o -2, General .smess, upon a=e atio . to the city of Kalispell on approximately 1 acre. The Propel is located at 2910 Highway 93 South at the intersection. of Cemetery Roach. . A request by Montana Co ercc, LLC for acondition-ad use permit to allow the operation of a Tavern/Casino at the c rrent 'hown imp gas station located at 2910 Highway 93 South at the intersection of Cemetery road. A request for a=exati and lm'tial zoning has been filed concurrently rrently with the conditional . use er= t application. If you need additional °or anon.. regarding any of these rites, please call e- Thank you for taldng the time to review and comment on these items. c ; w att agent s : F. RAY ru'at t , Fire Dept - Mike Baker, Parks and ree James Patrick City Manager P.J. Sorenson, Zoning F trator Roger Krass, Felice Dept. Frank castles, city Eng leer Jim Hans, Fulic Works Director Mark Crowley, Construction Manager Sandy Wheeler, Community Redevelopment Susan. Moyer, Community Development Director Craig X r=a , chief Building Inspector Charles Hann, City Attorney MD', Local MDOT, Lana Plying Division Helena Charlie Johnson, County Road Dept. Evergreen Fire Dept. t. South Kalispell Fire Dept. c: w/o attachments: Applicants City of Kalispell Planning Department 1 - Street fit, Suite 1, Kalispe% Mona 59901 Tee ho .e: (406) 75- o Fax* 40751-1858 We ite: kah'spellnnin.co . You are being seat this notice because you are a property owner within 150 feet of the proposers 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_ Your may contact this office for additional irfo=ation. NOTICE OF PUBLIC H G KALISPELL CITY PLANNING BOARD AND ZONING COMMSSION January 10, 2006 e regular meeting o the Ka s e Planning la '' n oar and Zoning Commission is scheduled for Tuesday, January 10, 2006 beginning at 7:00 PM in the Kalis e . City, Council chambers, Kalispell city Hai, 312 First Avenue East, Kahspell, The plarrr1-9"' board will hold a public hearing and take pubic comments on the following agenda items. The Board will make a recommendation to the Kalispell. city Council who will take dal action. 1. A request by Jams & Karen Holmquist for an initial zoning designation of R-2, Single Fanifly Residential, upon. annexation exation to the city of Kal s ell on appro ately 2.54 acres. The property is located at 405 West Evergreen Drive just east of Whitefish Stage Road and can be described as Assessors Tract 5A located in Section 32, Township 29 North., Range 21 West, '. M. M. , Flathead County, Montana. 2. A request by Luther French for an M .t1 1 zoning designation of R-2, Single Family Residential, upon annexation to the city of Kalispell on approximately l acne. The property is locate. at 1624 Woodland Avenue and can be described as Assessors `bracts 6 A, HA, HB, A, and Lot 32 A, Block o Green Acres m Section. 17, Township 28 North, Range 21 West, . M. M.,' Flathead County, Montana. 3. A request by John & Bobbi Bonner for are initial zoning designation o M 1, Neighborhood Buffer District upon annexation to the city of Kalispell on approximately 1. 2 acre. The property is located at 1322 Whitefish Stage Road, north'of West Evergreen Drive and cann be described as Assessors Tract 5F or Tract t of Cerdficate of Survey Not 9490 locate. in Section 32, Township 29 North., Range 21 West, .M.M., Flathead County, Montana. . A request by Jody Middleton & Lon Fisher for a conditional use permit to allow the construction of a. three -unit townhouse in addition to a single family residence that currently em.sts on the proper. The property is located at 1310 - 6thAvenue West in Kalispell and is zoned R- , Two Family Residential. The propel can be described as Assessors Tract 8TH located. Section 18, Township 28 Fort., Range e 21 West, ' M. M ., Flathead County, Montana. 5. A reqiaest by Montana Commerce, LLC for are initial zorm*ngd simatic o -, General Business, upon a=e ation to the city of Kalispell on apprwdmately I acre. The property is located at 29 10 Highway 93 South at the intersection of Cemetery Road, and can be described as Assessors Tract SA located M Section 29, Township 28 North., Range 21 West, P.M.M., Flathead County, Montana. request by Montana Coerce, LLC for a conditional use pest to allow the operation of a Tavern/Casino at -the current 'how. Pump gas station located at 2910 Highway 93 South at the hatersectio . of Cemetery Road. A request for annexation and. M' itial zori-ing has been wed concurrently with the conditional use permit application. The propel can be described as assessors Tract 5A located in Section 29, Township 28 North.., Range 21 West, .M.M., Flathead County, Montana; Documents e tito these agenda items are on Me for public inspection at the Kalisp e Plain D e merit, 17 Second Street East, Suite 2 l 1, Kalisp ell., MT 5 99 o 1, and are available for public review dig regular office hours. Interested persons are encouraged to attend the hearing and rake their views and concerns known to the Board, Written comments may be submitted to the 'rl-City ' axuu'g Office at the above address, prior to the date of the hear , or you may contact Tom e tz, ' a i Di rector at o 75 i -1850 or e-mail him at erg &_kalispell.com for additional for ation- Sincere y, -rt Thomas R., Jentz an_ * 9 Director NOTICE OF PUBLIC HEARING KALiSP ELL SIT PLANNING BARD ANC) ZONING COMMI 1CN January 10, 2006 The regular meeting of the Kalispell City Plan- ning Board and Zoning commission is sched- uled for Tuesday,Janu- ary 10, 2006 beginning at 7,00 PM in the Kalis- peil City CouncilCham- bers, Kalispell pell City Hal. 312 ltrt Avenue East, Kalispell. The planning board will hold a pubjic hearing and ta-Ke pubiic comments an the f'ollow- ing agenda sterns_ T he Board will make a rec- ommendation to the l a- lispeil City Council who will tale final action.. 1. A request by James Karen Holmquist for an initial zoning desig- nation of R-, Slagle Family Residential, upon annexation to the city of Kalispell on ap- proximately 2.54 acres, The property is located at 405 West Evergreen ?rive just east of White- fishStage Road and can be described as As- sessors Tract SA locat- ed in Section 32, Town- ship 29 North, Range 21 west, P,ilr"1.#., Flathead County, Montana. . A request by Luther French for an initial zon- ing designation of R- , Single Family Residen- tiat, upon annexation to the city of Kalispell on approximately I acre, The property is located at 1624 Woodland Ave- nue and can be descri- bed as Assessors Tracts 68A, 6HA, 6HBI H BA, and Lot 32 A, Block I of Green Acres in Section 17, To ns ip 238 North, Range 21 West, P.M. ., Flathead County, Montana. . A request by John Bobbi Bonner for an ini- tia,i zoning designation ignation of -1 , Neighborhacd Buffer District upon - nexatior to the city Of ali cell on approxi- mately 112 acre. The Property is located at i322 Whitefish Stage Road north of West Ev- ergreen [)rive and can e described as Asses - =or race 5P or Tract I 7 ertificale of Surrey .lo. 9490 located in erection '1, Townsb#p - North. IF21 y est. P.M, ,, r`lathead burr,Monta.na. . A request by Jody Middleton & Lori Fisher for a conditional use permit to allow the con- struction of a three -unit townhouse in addition to a single family resi- dence that currentlyex- ists on the property. The property is located at 1310 — E3th Avenue West in Kalispell and is zoned lR- , Two Far iiy Residential. The prop- er-y can be described as Assessors Tract 8TH located in Section 18, Township 28 North, Range 21 'Nest, P.M.M.. Flathead Coun- ty, Montana. . A request by Monta- na Commerce, LLC for an initial zoning desig- nation of B- , General Business, upon annexa- tion to the city of Kalis- pell on approximately I acre. The property is lo- cated at 2910 Highway 93 South at the inter- section of C ' metery Road and can be de- scribed as Assessors Tract 5A located inSec- tion 29, Township 28 North, Range 21 West, P. . _, Flathead Coun- ty, Montana. . A request by Monta- na Commerce, LLC for a conditional use permit to allow the operation of a Tavern/Casino at the current Town Pump gas station located at 2910 Highway South at the intersection ofCem- etery Road_ A request for annexation and initial zoning has been filed concurrently with the conditional use permit application. The proper- ty can be described as Assessors Tract SA lo- cated in Section 29, Township North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. Documents pertaining to these agenda items are on file for public in- spection at the Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 01. and are avaiia- ble for public review during I egular office hours. Interested persons are encouraged to attend ;lie hearing and make - .heir vies and con- -erns known Con- k t � -Board. bitten coma rents may be ubrritw : d to t1he Tri-City l len- r1ino Office at the above .dress, 'prior to the date of the nearing, or you may contact Torn jent # Planning Director STATE OF M N ANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION S ERI CON LN BEING DULY SWORN DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY LNTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND POLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD,. STATE OF MONTANA, AND THAT NO 10123 LEGAL ADVERTISNIENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND EN EACH AN EVERY COPY THEREOF ON THE DATES OF DEC 25 AND THE RATE CHARGED FOR THE ABOVE SING DOES NOT EXCEED THE MEI�IMUM GOING RATE CHARGED TO ANLY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBED.. OF INSERTIONS. Lit Subscribed and sworn to Before me this AD DEC ` 4 Notary Public for the State of Montana Residincr in Kalispell My C =fission axplres 9111/09 t 5 g b-1 1-] 650 or e- mail hlmr at tjent (cJlCaiis- peil.cor for additional information. /s/Thomas R. Jent Thomas R. Jent Planninr.irector 4 CERTIFICATION APPLICANT: Jody Middleton/Lori Fisher TCPO FILE NO: KCU-05-10 , the undersligned certify that I did this date ma Via First Class mail a copy of the attached notice to the foHowing list of landowners ad g the property lines of the proper that is requesting a conditional us remit. Lot/Tracfis# STH PropertyOwner/Mail Address: Lore A. Fisher Jody Middleton 881 Helena Flats Road Kalispell, MT 59901 Date: AND ATTACHED LIST Lori Fisher Matthew & Sheila Butterfield Franz Barthel Jody Middleton 1425 - 6thAvenue Nest P.O. Box 3 1 Helena Flats Road Kalispell, MT 59901 Kalls ell MT 503-03 Kahl ell MT 59901 Kenneth & Rita Madsen, Jr. 1217 - 5thStreet West Raise, MT 59901 Jennifer Marva 13 - 6thAvenue West Kalispell, MT 59901 James Ra.arn to - 6thAvenue West Kal.s ell, MT 59901 Ronald & Desiree Dickman 13 - 7thAvenue West Kalispell, MT 59901 John Beardsley 1405 - 6thAvenue West Kalispell, MT 59901 Ervin V. Brackel 3250 Highway 2 Nest l alis el., MT 59901 David & Cheri Land 133 - 6th Avenue West Kalispell, MT 501 Robert Smith 330 Cemetery Road Kalispell, MT 59901 Douglas & Mee Nash. 1303 - 7thAvenue West Kalispell, MT 59901 Po re. all Properties, Inc. 0 - 1-st Avenue East Kalispell, MT 59901 Laurence Barrow 51 N. Main street .Kahspell, MT 59901 Flathead Valley Partners Sandra Johnson 1401 - 6thAvenue Nest Kalispell, MT 59901 Demos & Margaret aret ac son Conroe Walsh 13 - 6th Avenue Nest Kalispell, MT 501 Phyllis Leonard P.O. Box 7806 Kalispell, MT 50 Irvin & Jane Mier 130 - 6thAvenue West Kalispell, MT 59901 elv & Cecile Pore, P.O. Box 2355 Kalispell, MT 5 03-2355 Mike White 1406 - 6th Avenue West Kalispell, MT 59901 Clint & Llonda Grame 105 - 7th Avenue West Kalispell., MT 59901 Douglas Kauffman Tracy Anderson City Clerk J. bra Smith City Kalispell 1 12 --� Avenue West Kalispell, MT 59901 1411 - 7thAvenue West P.O. Box 1997 Kalispell, MT 59901 Kalispell, MT 59903-1997