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05. Conditional Use Permit - The Villas LLCFROG SUBJECT 1�[EETING DATE: City of Kalispell Planning Department 17 - 2"dStreet East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-185 8 Website: kalispeliplanning.com Kalispell Mayor and City Council Seam. Conrad, Senior Planner James H. Patrick, City Manager The Villa's Conditional Use Permit request for two townhouses on 6th Avenue ]Vest North November 6, 2006 BACKGROUND: This is a request from The Villa's. LLC for a conditional use permit to allow the construction of two townhouses on two existing lots located on 6th Avenue West North. The properties included in the conditional use permit request contain 8,810 square feet and are located on the west side of 6th Avenue wrest North. The properties can be described as Parcels 1 and 2 as shown on Certificate of Survey number 17264, located in Section 7, Township 28 North, Range 21 West, P.M.M. , Flathead County, Montana. Sean Conrad, with the Kalispell Plani _n n g Department, presented staff report KCU-06- 1 o evaluating the proposal with staff recommending approval of the use permit request subject to seven. conditions. During the public hearing Mark Waatti of The Villa's LLC spoke in favor of the project. Two neighboring residences spore in opposition of the request. The neighbors cited concerns of additional traffic and the need for off-street parking as well as feeling that the townhouses are not appropriate in this area because all the surrounding homes are single family residences. The planning board discussed the proposal and voted 4 to 1 to recommend approval of the requested conditional use permit subject to the 7 conditions listed in the staff report. RECOMMENDATION: A motion to approve the conditional use permit would be in order. FISCAL EFFECTS. Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: October 30, 2006 c: Theresa White, Kalispell City Clerk ames H. Patrick City Manager City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Matt Waatti, The Villas, LLC 15 Vista Loop Kalispell, MT 59901 LEGAL DESCRIPTION: Parcels 1 and 2 of Certificate of Survey No. 17264, located in Section 7, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana ZONE: Urban Single Family Residential, R-3 The applicant has applied to the City of Kalispell for a conditional use permit to construct a two -unit townhouse on an 8,810 square foot tract of land located on 6th Avenue West North. Townhouses are conditionally permitted in the R-3 zone subject to certain provisions, including density limitations. The Kalispell City Planning Board and zoning Commission, after due and proper notice, on October l 0, 2006, 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-06-10 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct a two -unit townhouse in an R-3, Urban Single Family Residential zoning district subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C —Final Plat) 2. The developer shall submit to the Kalispell Public Works Department an engineered drainage plan that meets the requirements of the current city standards for design and construction. 3. The approved engineered drainage plan shall be implemented prior to the issuance of a certificate of occupancy. 4. Prior to issuance of a building permit for the townhouse units a site plan and elevations shall be reviewed and approved by the Planning Department. The townhouse units shall be designed utilizing either landscaping or alternative design or both to minimize the prominence of the garages from the street. 5. The project site's frontage along 6th Avenue West North shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to issuance of a building permit. This infrastructure shall include the improvement of the boulevard and installation of a sidewalk. 6. Prior to issuance of a building permit the following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Fire Department access shall be provided in accordance with International Fire Code (2003). 7. A letter from the Kalispell Public Works Department shall be submitted to the Building Department stating that all new infrastructure along 6th Avenue West North has been accepted by the City of Kalispell prior to issuance of a certificate of occupancy. Dated this 6th day of November, 2006. Pamela B. Kennedy Mayor STATE OF MONTANA ) ss County of Flathead ) On this day of , 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 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 Residing at Kalispell, Montana My Commission Expires City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751 -1850 Fax: (4o6)751--1858 website: kalispellplanning.com October 30, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: The Villa's Conditional Use Permit request for two townhouses on 6thAvenue West North Dear Jim: The Kalispell City Planning Board met on October 10, 2006 and held a public hearing to consider a request from The Villa's. LLC for a conditional use permit to allow the construction of two townhouses on two existing lots located on 0th Avenue west North. The properties included in the conditional use permit request contain 8,810 square feet and are located on the merest side of 6thAvenue west North. The properties can be described as Parcels 1 and 2 as shown on Certificate of Survey number 17264, located in Section 7, Township 28 North, Range 21 west, P.M.M. , Flathead County, Montana. Sean Conrad, with the Kalispell Planning Department, presented staff report KCIJ-06- 10 evaluating the proposal with staff recommending approval of the use permit request subject to seven conditions. During the public hearing Mark waatti of The Villa's LLC spore in favor of the project. Two neighboring residences spore in opposition of the request. The neighbors cited concerns of additional traffic and the need for off-street parking as well as feeling that the townhouses are not appropriate in this area because all the surrounding homes are single family residences. The planning board discussed the proposal and voted 4 to 1 to recommend approval of the requested conditional use permit sub j ect to the 7 conditions listed in the staff report. Please schedule this matter for the November 6, 2006 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 r Timothy Norton President Attachments: Exhibit A -Conditions of Approval Staff report KCU-06-10 and application materials Draft Minutes from the 10/ 10/06 pig board meeting c w j Att: Theresa White, Kalispell City Clerk c w/o Att: Matt Waatti. The Villa's, LLC. 15 Vista Loop Kalispell, MT 59901 EXHIBIT A WAATTI CONDITIONAL USE PERMIT, I CU-06- 10 CONDITIONS OF APPROVAL AS RECOMMENDED BY THE HALISPELL CITY PLANNING BOARD OC'TOBER 10, 2006 The Kalispell City Planning Board held a public hearing on this matter at the regular meeting of the planning board of October 10, 2006. The following conditions are recommended for the conditional use permit: 1. That the development of the site shall be i.n substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The developer shall submit to the Kalispell Public Works Department an engineered drainage plan that meets the requirements of the current city standards for design and construction. 3. The approved engineered drainage plan shall be implemented prior to the issuance of a certificate of occupancy. 4. Prior to issuance of a building permit for the townhouse units a site plan and elevations shall be reviewed and approved by the Planning Department. The townhouse units shall be designed utilizing either landscaping or alternative design or both to minimize the prominence of the garages from the street. 5. The project site's frontage along 6th Avenue West North shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to issuance of a building permit. This infrastructure shall include the improvement of the boulevard and installation of a sidewalk. 6. Prior to issuance of a building permit the following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20) . a. Fire Department access shall be provided in accordance with International Fire Code (2003). 7. A letter from the Kalispell Public Works Department shall be submitted to the Building Department stating that all new infrastructure along 6th Avenue West North has been accepted by the City of Kalispell prior to issuance of a certificate of occupancy. THE VILLA'S LLC REQUEST FOR CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARThMNT STAFF REPORT #I CU-06 -10 SEPTEMBER 22, 2006 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow the construction of a two -unit townhouse on an 8,810 square foot tract of land located on. 6th Avenue West North. A public hearing will be held before the planning board on October 10, 2006, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. A. Petitioner and Owners: Matt Waatti, The Villa's, LLC. 15 Vista Loop Kalispell, MT 59901 249-7926 B. Summary of Request: The applicant is requesting a conditional use permit to allow the creation of two townhouse lots. The townhouse provision in the zoning ordinance falls under Section. 27.22.130, Sublots, and states the following: "Dwellings may be constructed on sublots within any zoning district which permits multi. -family dwellings, cluster housing, or townhouse dwellings. Sublots are subject to subdivision approval and, if required, a conditional use permit. (1). Site Requirements. (a). Sublots are eligible only within a recorded subdivision lot whose area is at least 6,000 square feet. (b). The allowable number of sublots shall be determined by dividing the gross area of the platted lot by the density limits of the applicable 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 applicable zoning district to determine the allowable number of sublots. In no case, however, shall a sublot have an area less than 2,000 square feet nor more than one dwelling unit thereon. �2} . Building Limitations. The yard, height, and area requirements of the district shall apply to the entire area of the platted lot. Common ownership of the yards is permitted. Shared interior property boundary(ies) is anticipated to be developed at a zero lot line. The proposed townhouse lots in this case vary slightly from previous conditional use permits requesting townhouse lots in that the project site includes two legal lots. The property, described as Assessor's Tract 8-1 ID, was made up of three legal lots. The former boundaries are shown on the site plan attached to this report. The property owner combined the three lots into two lots with each of the lots comprising of 4,405 square feet With approximate dimensions of 31 feet Wide and 142 feet in length. since the project site includes two existing lots, the density standards in Section 27.22.130(1) (b) do not apply in this particular case. C. Size and Location: The properties included in the conditional use permit request contain 8,810 square feet and are located on the west side of 6th Avenue West North. The properties can be described as Parcels 1 and 2 as shown on Certificate of survey number 17264, located in section 7, Township 28 North, Range 21 West, P.M. M. , Flathead County, Montana. D. Existing Land Use and Zoning: The property is currently vacant and is zoned R-3 (Urban Single Family Residential) . E. Surrounding zoning and Land Uses zoning: This property is located in an urban area east of the County fairgrounds. surrounding lots are developed With single family residences zoned R-3. Washington Park is located to the east across the street. North: single family residential, City R-3 zoning South: single family residential, City R-3 zoning West: Single family residential, City R--3 zoning East: Public park, City P-1 zoning F. Growth Policy Plan Designation: The Kalispell City Growth Policy designates this area as Urban Residential and anticipates between 3 and 12 dwelling units per acre. The proposal is in compliance with the growth policy's anticipated density and also furthers the goals and policies of the growth policy by encouraging a diversity of housing options in the community. G. Utilities/Services: Sewer service: city of Kalispell Water service: City of Kalispell Solid Waste: Private contract hauler/ city of Kalispell Gas: Northwest Energy Company Electric: Flathead Electric Cooperative Phone: Century Tel Police: city of Kalispell Fire: Kalispell Fire Department Schools: Kalispell school District # 5 EVALUATION OF THE REQUEST The application is reviewed in accordance With the conditional use review criteria in the Kalispell honing Ordinance. 1, Site Suitability: a. Adequate Useable Space: The total area of the lots is 8,810 square feet with each lot having 4,405 square feet. The site is level with some small trees and bushes located along the north and southern boundaries of the X project site. The R-3 zoning district provides a maximum lot coverage of 40% . This would allow a building footprint totaling 1,762 square feet to be placed on each of the lots. The floor plans included with the application indicate a footprint of 1,501 square feet, including a one -car attached garage. b. Adequate Access: Access to the lots will be provided from 6thAvenue West North. Sixth Avenue West North is a city maintained street approximately 30 feet wide, however no sidewalks or 'unproved boulevards exist along this section of the street. The Public Works Department has recommended that as a condition of approval the owner install a sidewalk and street trees along the project sites frontage of 6thAvenue West North. There is a 10-foot wide dirt driving aisle located along the western boundary of the two lots and runs north to south connecting West Washington to West Oregon. Although the physical driving aisle exists, it is not located within a recorded easement. 'therefore, legal access is required off of 0thAvenue West North. C. Environmental constraints: There are no obvious environmental constraints associated with the lots included in the project site. There are no water bodies within the vicinity of the site and the site is not within any existing floodplains as shown on the Flood Insurance Rate Map, Community Panel Number 300025 0005 C. 2. Appropriateness of design: a. Parking and site circulation.: The site plan shows one parking space will be provided in the attached garage and one additional off-street parking space will be provided between the garage and the eastern property boundary. No additional parking beyond the standard two parking spaces per single family dwelling would be required in conjunction with this conditional use permit. b. Open Space: No open space requirements are required as part of this conditional use permit. C. Fencing/ Screeni n Landsca in : There is some fencing on the north side of the project site delineating the boundary of the two properties. No other fencing is located on the project site. The attached elevations of the proposed townhouses show the garage doors located in front of the living space of the house thus prominently displaying the garage portion of the house instead of the living space. The Planning Department would recommend that a condition be placed on the conditional use permit requiring either landscaping or alternative design or both to minimize the prominence of the garages from the street. 3 The proposed townhouse would be constructed nearly identical to this townhouse unit located along Fifth Avenue West. d. Signs: No signage is proposed in conjunction with the conditional use permit. 3. Availability of Public Services / Facilities: a. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed residences. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed townhouses. Fire Department access which meets the International Fire code requirements shall be reviewed and approved by the fire marshal at the time a building permit is applied for. C. Water and sewer: A water main is currently in place along 6 to Avenue West North. A gravity sewer main is located along the western boundary of the properties. There is adequate water supply and sewage treatment capacity within the City of Kalispell's current facilities to serve this development. d. Storm water drainer e: The Public Works Department has recommended that prior to issuance of a building permit, the owners provide the Department with a storm water management plan. The plan will need to address where storm water Will be directed to. e. Streets: As discussed in section Lb of this report, 6thAvenue West North is located immediately east of the site providing access to the proposed townhouses. The owner will be required to make some minor improvements along 6thAvenue West North which include the installation of a sidewalk and street trees. 4 Neighborhood bnpacts: Development of the proposed townhouses would not have a negative impact on the surrounding residential neighborhood. No other impacts have been identified or are anticipated including additional outdoor lighting impacts, smoke, fumes, gas, odors, or inappropriate hours of operation. 4. Consideration of historical use patterns and recent changes: The proposal is generally compatible with other development in the area which is single family residential. However, in order to address aesthetics of the proposed townhouse units the Planning Department is recommending that the townhouse units be designed and/or utilize landscaping to downplay the prominence of the garage. It should be noted that other homes in the immediate area have an attached garage facing the street but in these instances the garage is not placed in front of the living space rather located to the side, therefore downplaying the prominence of the garage. 5. 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. NECOPA31ENDATION Staff recommends that the planning board adopt the staff report #KCU-06 -1 ❑ as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The developer shall submit to the Kalispell Public works Department an engineered drainage plan that meets the requirements of the current city standards for design and construction. 3. The approved engineered drainage plan shall be implemented prior to the issuance of a certificate of occupancy. 4. Prior to issuance of a building permit for the townhouse units a site plan and elevations shall be reviewed and approved by the Planning Department. The townhouse units shall be designed utilizing either landscaping or alternative design or both to ' ' ize the prominence of the garages from the street. 5. The project site's frontage along 6 th Avenue west North shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to issuance of a building permit. This infrastructure shall include the improvement of the boulevard and installation of a sidewalk. 5 6. Prior to issuance of a building permit the fallowing requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20) . a. Fire Department access shall be provided in accordance with International Fire Code (2003). 7. A letter from the Kalispell Public Works Department shall be submitted to the Building Department stating that all new infrastructure along 6thAvenue West North has been accepted by the City of Kalispell prior to issuance of a certificate of occupancy. Cei City of Ka11*SPe1qDPlanning Department SEP O12`006 17 - Ana Street East, Suite 211, Kalispell, Men &�PNP1 Telephone: (406) 751-1850 f. iNl � P IRS � � Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Construct one sta townhouse OWNER(S) OF RECORD: Matt Waatti The Villa's LLc. Name.- Mark Waatti Mailing Address: 15 Vista Loop . City/State/Zip: Kalispell, Montana, 59901 Phone: 249--7926 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: N/A Mailing Address: City/ State /Zip: Phone: LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Address: 374 61hAvenue West North Subdivision Name: Sec. Township Range No. 7 No. 28N No. 21W Tract Lot Block No(s).8-11D No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: Kalispell Zoning District, R3 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. The traffic will be typical residential traffic for (2)-residences on (2)- lots. b. Access to and circulation within the property. Access will be provided from the front of the lot with paved driveways. c. Off-street parking and loading. A total of (2)-off-street parking spaces will be provide per residence. d. Refuse and service areas. Solid wastes disposal services are provide to the lots by the city of Kalispell. e. Utilities. Power, phone, and cable television are available from the back of the lot. city of Kalispell sewer and water are currently provided to one of the lots, and new sewer and water services to the new lot will be provided. f. Screening and buffering. N/A g. Signs, yards and other open spaces. The townhouse will cover approximately 38% of the lots. The remaining lots will be yard area. h. Height, bulk and location of structures. See attached plans. i. Location of proposed open space uses. As stated in section "g", approximately 62% of the lots will be left as yard area. j. Hours and manner of operation. N/A k. Noise, light, dust, odors, fumes and vibration. N/A 3. 0 On a separate sheet of paper, discuss the following topics relative to the proposed use: *See attached 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. 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 development process. Applicant Signature Date �� 10 l October 6, 2006 Kalispell City Planning Board and Zoning Commission KALlSPELL PLANNING DEPARTMENT c/o Kalispell City Clerk 312 First Ave East Kalispell MT 59901 Dear Planning Board and Zoning Commission members: This comment is for the hearing on October 10, 2.006 which I will be unable to attend in person. I amwriting to protest the issuance of a conditional use permit allowing a 2 unit town house on a lot at 374 6h Ave west North in my R-3 zoned neighborhood. There is no reason of topography that a single family dwelling should not replace a single family dwelling on this property. This R3 zone neighborhood has no other multiple units dwellings and this is a precedent that will change the character of my neighborhood. Are there actually two lots involved? Are the two lots to become one lot? Are plans being made to use lot 3 72 6� Ave west North for additional dwellings where there is not enough spaces? Five foot side yard is required on the sides of buildings in R 3 zones. There is already encroachment of a fence within the property line in the 5 foot yard area. why is this lack of adequate side yard being allowed? Sixth Ave west North has little traffic and provides a quite neighborhood. The traffic to this property will definitely increase and double or more. Replacing a single family residence with a single family residence on the property would prevent this increased trams c . There is no access from the back on this property. The west street side of Washington Park should not be used for off street parking. Multiple driveways on the front of the property will reduce the open yard space and not be in character with the rest of the residences on this street. Please vote against the conditional use permit for 374 Sixth Ave Nest North. Sincerely, ;.a . -�- 4'. V-� W. C' r Eloise M. Hill 467 Sixth Ave west North Kalispell. MT 59901 Elden & Donna Marvel 605 W. Oregon St. Kalispell, MT 59901 October I01, 2006 Kalispell City Planning Board & Zoning Commission 248 3rd Ave. E. Kalispell, MT 59901 Dear City Planning Board & Zoning Commission Members, This letter is in response to the request of Matt Waati/ The Villas, LLC. for a conditional use permit to allow a 2-unit townhouse to be located 374 6thAve. AN/legal description Tract 8-11 D located in Section 7, Township 28 North, Range 21 West. We believe this lot would be best used as a single family dwelling for the following reasons: Originally the real estate office Seller Direct advertised that a single dwelling residence would be built on this property by the same applicant that has now applied for the conditional use permit. We did not object to that being done as it was a definite improvement to the neighborhood over the previous structure that was located at this address. It would have fit well. into the exiting neighborhood of single family dwellings. That offering is attached to this document. The next advertisement by Seller Direct advertised that 2 -- two story homes would be built at this location. Obviously that never came to action and we are now facing the request of Matt Waatii,IThe Villas, LLC. for the request of a conditional use permit for this same piece of property. We do not understand why all the changes of requests by this party. We can only think that it is to maximize the dollars of profit for this party at the expense of our neighborhood. This has been a single dwelling neighborhood for many years and we feel as residents that there is absolutely no need for this change now. There are many new subdivisions in the Kalispell area that will accommodate and are already zoned for townhouse type dwellings. We question the parking problems that could be created if this allowed. Washington City Park is directly across from this lot and at tunes there are already parking problems surrounding this park. Are the parking, free space, and dwelling design all comparable to the rest of the neighborhood? will the residents be able to access their backyard with a vehicle? Is there a need for these type of dwellings in a well established single dwelling neighborhood? We think not. It would only benefit the developer over an entire neighborhood that could drastically change if this permit is allowed. Thank you for considering this request very carefully. Sincerely, Elden and Donna Marvel 374 6th Avenue West North THESE BRAND NEWAFFORDABLE HOMES ARE IN A TERRIFIC LOCATION. 3 Bedrooms, 2.5 baths, hardwood laminate floors and tile. Mater bedroom is located on the main floor. Completion date scheduled for August of 2006 Call Geolowganne for your showing today. ._�CT 3 :Meridian Court #3 Kalispell `` 0 V. I Min Aalrpefl Center Mall s;eorganire l}rur [1r+nv(/- c-uiolf t 'e l: 406 ?Cry- 7 SNP Ptf-\: 4110) l;��trtil: 1.4rylr�'61•�,�tcrfr�,a��fr►►t�r.s� t�. r�-s October 301, 2006 James II, Patrick Kalispell City Manager 312 First Ave East Kalispell MT 59901 Dear Sir: On November 61, 2006, an application to allow a Conditional Use Permit for construction of town houses at 374 e Ave 'west North, in an R-3 zone, will come before the council. I am asking for DENIAL of the permit for the following. reasons: The proposed building site had a single residence on it and should not be replaced with a multiunit dwelling, The Staff Report . U-06-10,, for the Kalispell City planning Board under "Existing Land Use and zoning'} states the property is vacantl however a single dwelling was removed just prior to lot boundary line manipulation so this is not really "raw land.'' This is an ideal place for a single family dwelling to replace a single family dwelling. Sean. Conrad notes in the board minutes that "the county usually notifies him with boundary line adjustment to make sure that they meet the zoning code requirements although he was not notified on this property' Conrad notes that the `bequest before the board defers slightly"' here in that there are now 2 existing legal lasts on the property. Closer inspection however shows that each lot measures only 31.05 feet, sub standard in width, considering the lot dimensions of 60 feet x 120 feet are required in. R -3 zones. Though 3 small pieces of property were taken to mare 2, the resulting lots are substandard. also, are there really two lots here or just one? The application is nude for a single lot address only of 374 Sixth Ave west North however a small sign on the property indicates that there is also a 372 Sixth Ave west North lot. Does the application cover both addresses or not? Why are these lots. allowed? Timothy Norton, city planning board member, notes in the board discussion `these lots should not have been created' Traffic generated by townhouses would be double the traffic over the single family dwelling that was removed from the property, Also, since there is no alley access to this property all traffic has to access on 61h Ave West North which borders a park and where there is considerable increased traffic especially in the summer. The proposed townhouse design with crowding in the front, lack of green space, garages protruding out of the front of the building do not fit in with the character of other homes in the neighborhood. Other properties in. the neighborhood have garages flush with the front of the houses with plenty of front yard space for landscaping and green areas. A condition to this permit was recommended to require landscaping or alternative design but nothing specific is stated. I believe with the current townhouse design there is little chance to make the building fit the character of the neighborhood. • The stag report regarding `Fen in :,Screening and Landscapes?' states "There is some fencing on the north side of the project site."" Please note on the site plan that the fence all ready encroaches over the property line. Side set bads should be enforced to prevent the spread of fire and provide emergency access when needed. There are many problems with manipulation of the proposed building site and the proposed building of townhouses on the lot or lot(s). I believe this is an ideal and adequate sued piece of land for a single family residence,. replacing a single family residence, which would be in character with the rest of the neighborhood. For the above reasons I am requesting denial of the Conditional Use Permit for 374 Sixth Ave West North be denied. Sin erely, Eloise M. Hill 467 Sixth Ave West North Kalispell MT 59901 Phone (406) 755-6057 Cc: Kalispell City Attorney Charles Harball Kalispell Mayor Pamela B Kennedy Kalispell Councilman Robert Haffennan Kalispell Councilman Karl Gabriel Kalispell Councilman Hank Olson Kalispell Councilman. Bob Herron Kalispell Councilman Randy Kenyon Kalispell. Councilman Tien Kluesner Elden & Donna Marvel 605 W. Oregon Street Kalispell, MT 59901 Phone 257-3339 October 31, 2006 Kalispell city Manager James A. Patrick City of Kalispell P.O. Sox 1997 312 1 st Avenue East Kalispell, MT 59901 Dear Mr. Patrick, We attended the October 10, 2006 Kalispell city Planning Board and zoning commission meeting. A request by Matt Waattil The Villa's LLC for an application of a conditional use permit at 374 0th Avenue Vilest North was presented to allow a 2-unit townhouse to be located on a lot zoned R-3 (Urban Single Family Residential). This request was approved by the Kalispell city Planning Board and zoning commission. We are in total disagreement with the Planning and zoning commission's decision on this matter and bring our deep concern to you why we feel this way. It has came to our attention through the discussion of the Planning and zoning board on the October 10th meeting that 2 legal lots were created from 3 small lots at the proposed site of the townhouses. Norton asked "if the site review committee approved the creation of 2 lots from the 3 small lots". Conrad stated "the county usually notifies him with boundary line adjustments although he was not notified about this property". If this was not done according to normal procedure should this request at least have been tabled until the proper procedures were followed? During the board discussion Norton stated "these lots should have never been created. They are non -conforming to the neighborhood and are only 31 feet wide. Norton suggested the board should pursue ways to prevent lots this size from being created in the future. However, Norton continued, the board's hands are tied in this case". I simply ask why is the board's hands tied in this case? The planning and zoning board had a choice to make either approving or denying the request for the conditional use permit. Looking at the development standards of R-3 Urban Single Family Residential, how can anyone come up with two legal lots created? These two lots are non -conforming and building anything but one single residence on them is wrong. The three lots were created in earlier days when these standards were not in place. Now they have been surveyed into two lots that are still non -conforming. Why should the city step backwards by allowing anything but conforming lots to be created and developed especially in the case where there is sufficient land for a spacious single family dwelling? If this would have been properly reviewed by the site review committee of the Planning -Zoning board, this conditional use permit may have been denied at We also question why an already established home site should be replaced with multiple units in a R-3 single family residential zone. A single family home previously existed on this site and has been removed by the current owners in preparation for development. Why shouldn't a single family home be replaced by what originally was at the location 374 61h Ave. WN? The design of the townhouses and how they front the street is not similar or having any likeness to the existing structures in the area. It appears the design has a lot of concrete fronting the street with the free space mostly in the back and that does not go along with what you see in this neighborhood. More green space should be visible on the front and both sides of the lots to fit in with the current character of the neighborhood. Washington City Park sits directly across from the proposed townhouse site and at certain times of the day and year has limited parking with only 2 sides of the park having available parking fronting it. The corner of West Washington and 60" Avenue West North is a dangerous and congested intersection and at the intersection of 6th Avenue and West Oregon going east the street narrows and is nearly always congested. There is a considerable amount of traffic from the school and traffic there is already a problem on a non -regulation street. Two new residences would surely create more congestion. We highly encourage you to deny the proposed conditional use permit. It would be in the best interest of the largest amount of people involved. Mr. Waaitl [The Villa's LLc will not be kept from developing this property no matter what your decision is. We have lived in our home for 28 years and remain here because of the ambiance of the neighborhood.. 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Y L ' A 1 HOUSE - c lo loll3 1 1 :�o ` GARAGE „'4IT �.� ''-- ; _--=' - WA R N76 �� NEW 1, a ik idwalk se - "- `" �ivewaY- SERVIC E s `�\ - _ ; -- --",_ paved CD EXIST SRVI E —" W � 4, 405 SO. FT "- -- - z 1 o a o u i -�- N761� NEW SEWER" SERVICES N , - __: 14,.97 c7_ W 1 PARC- Sj61410 o ' EL- 4,405 SQ. `FT 1 Q 1 � HOUSE m� x I- � GARAGE �co 1 Zone: R-3 401'. permitted m lot coverage Lot: 8810 sq. ft. � ° °°`` CHAS 1] Aug 06 unit 3337 sq. ft. Site Plan z1 Rib. �t> 1 = 387� ng z433 sq. It. ft. (Jj"- gragge 570 sq. provided by ` N 9 , poreh/patio 334 .sq, ft.)Flo This plan drawn in accordance with the International Residential Cody* 1 >�7 General Contractor is expressly responsible for code adherenceX\ N Site PI n 374 6th Ave.