05. Conditional Use Permit - Lisa WadeCity of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751- l 850
Fax: (406) 75 I -18 S 8
Website: kalispellplanning.com
REPORT TO. Kalispell Mayor and City Council
FROAL Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT Conditional Use Permit for 3 multi -family buildings
MEETING DATE: October 16, 2006
BACKGROUND: This is a request from Lisa Wade for a conditional use permit to allow
the construction of a four-plex and two five-plex units on two properties located along
5th Ave East. The current property addresses are 1613 and 1615 5th Ave. East. The
properties total approximately one -acre in size. Submitted concurrently with this
conditional use permit is a petition for annexation and an initial zoning designation of
RA-1, Lour Density Residential Apartment, for a portion of the property located at 1615
5th Ave. East.
The properties can be described as Parcels A and B of Certificate of Survey 4759
located in SW 1/4 of Section. 17, Township 23 North, Range 21 West, P.M.M. , Flathead
County, Montana.
The planning board held a public hearing on September 19, 2006. During the public
hearing Bob Erickson of Jackola Engineering spoke in favor of the proposal and
expressed concerns the property owner had on three of the conditions in the staff
report. Specifically, conditions 10, 12 and 15. A neighboring property owner, Anna
Mork, expressed concerns about the fencing height and impacts associated with light,
noise, traffic and garbage and whether this development would decrease her property
value. The Planning Board discussed each of these items and all but the property
value concern were addressed in the conditions of approval.
The Planning Board struggled with the condition requiring the applicant to provide
cross easements to neighboring properties, recommended condition 15 in the staff
report. A motion was made to delete condition 15 however the motion failed on a vote
of 2-2. Two of the planning board members felt that future i.nterconnectivity between
these types of apartment projects should be provided for. A subsequent motion was
made to amend condition 25 and require the privacy fence height be a minimum. of 6
feet and recommend approving the use permit request with the 25 conditions listed in
the staff report as amended. This motion passed unanimously.
RECObU iENDATION: A motion to approve the conditional use permit would be in
order.
FISCAL EFFECTS: Minor fiscal impacts once fully developed.
ALTERNATIVES; As suggested by the City Council.
Respectfully submitted,
f
Sean Conrad
Senior Planner
Report compiled: October 4, 2006
c: Theresa white, Kalispell City Clerk
� ames H. Patrick
City Manager
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Lisa Wade
PO Box 312
Lila, MT 59920
LEGAL DESCRIPTION: Parcels A and B of Certificate of Survey 4759 located in the
Southwest Quarter of Section 17, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana
ZONE: RA- l, Low Density Residential Apartment
The applicant has applied to the City of Kalispell for a conditional use permit to allow the
construction of three multi -family buildings, consisting of one fourplex and two fiveplexes totaling
14 units in an RA- I Zone. Multi -family dwellings are allowed in the RA-1 Zone as a conditionally
permitted use.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
September 19, 2006, held a public hearing on the application, took public comment and
recommended that the application be approved subject to 25 conditions.
After reviewing the application, the record, the Kalispell Planning Department 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-
9 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow the construction of a fourplex and two fiveplexes in the RA-1, Low
Density Residential Apartment zoning district subject to the following conditions:
1. The proposal shall be developed in substantial conformance with the approved site plan and
other application materials except as modified by these conditions.
2. The following requirements shall be met per the Kalispell Fire Department: (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum lire flows shall be in accordance with the
International Fire Code (2003).
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
(2003).
3. The three large trees located along the western property boundary shall not be removed
unless the trees are dead or dying.
4. All utilities shall be placed underground.
5. The conditional use permit is valid for a period of 18 months from the date of authorization
after which time if the commencement of activities has not occurred the permit shall be void.
A continuous, good faith effort to design the building, obtain financing and other activities
shall be considered a commencement.
Prior to Issuance of a BuildinPermit:.
6. The two existing lots shall be combined and the map filed with the Flathead County Clerk
and Recorder's Office.
7. The project site's frontage along Fifth Avenue East 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
construction. This infrastructure shall include but not be limited to streets, street lighting,
street signage, curb, gutter, boulevard and sidewalk and shall be installed along Fifth Avenue
East. New infrastructure along Fifth Avenue East shall tie into the existing street
infrastructure.
8. Water and sewer main extension shall be reviewed and approved by the Kalispell Public
Works Department.
9. The owner shall consult with the post office regarding a mail delivery site. Note: If a mail
delivery site is required along Fifth Avenue East, a reduction in the number of units may be
required in order to comply with the parking requirements.
10. That a good faith effort be made by the developer to provide access to the property to the
south where the existing parking lots serving the apartment complex is located to provide
connectivity between the sites.
11. A revised landscape plan shall be provided to the Parks and Recreation Department for
review and approval. The plan shall specify tree and shrub type and size at the time of
planting as well as grass for groundcover around the apartment buildings, the parking areas
and the boulevard along Fifth Avenue East and the access driveway. The revised landscape
plan shall also focus on a combination of trees, bushes and green groundcover along the
northern project boundary to help buffer the apartment buildings from the adjacent residences
on the north.
12. A revised site plan shall be submitted showing the mailbox location, required number of
parking spaces, existing trees along the western property boundary to remain, the sidewalk
connection from the access driveway to the sidewalk along Fifth Avenue East and a five-foot
boulevard strip along the north side of the access driveway.
13. Plans submitted to the Kalispell Architectural Review Committee shall include four sided
architecture and incorporate one or more of the following: dormers, shutters, varying window
sizes and accent colors.
14. That a 20-foot utility easement be located along the eastern property boundary for the future
extension of water and sewer lines and the easement be recorded with the Flathead County
Clerk and Recorder's Office.
15. The owner shall provide cross easements across the northern and southern property
boundaries of the project site to allow for future multi -family buildings to share the driveway
and/or parking areas. The easements shall be recorded with the Flathead County Clerk and
Recorder's Office.
16. 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.
17. The developer shall submit to the Kalispell Public Works Department an erosion/sediment
control plan for review and approval.
Prior to issuance of a Certificate of occu anc .
18. The access driveway, parking spaces, sidewalks serving the apartment complex, mailbox.,
and necessary lighting shall be installed.
19. The two parking spaces along Fifth Avenue East shall meet the minimum size requirements
for a parking space, 9' x 20 % and shall be paved and striped accordingly.
20. A certification shall be submitted to the Public Works Department stating that the
improvements have been built as designed and approved.
21. A letter from the Kalispell Public Works Department shall be submitted to the Building
Department stating that all new infrastructure has been accepted by the City of Kalispell.
22. If necessary a concrete walkway shall be constructed to connect the sidewalk to the mail
boxes.
23. The approved engineered drainage plan shall be implemented.
24. All landscaping shall be installed per the approved landscape plan.
25. The privacy fences shall be installed and have a minimum height of 6 feet and be constructed
out of solid wood or vinyl on both the north and south sides of the project site in the areas
shown on the site plan.
Dated this 16th day of October, 2006.
STATE OF MONTANA
ss
County of Flathead
Pamela B. Kennedy
Mayor
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: (406) 751-1858
website: lealispellplanning. corn
October 10, 2006
James H. Patrick, city Manager
City of Kalispell
P.C. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit for 3 multi family buildings
Dear Jim:
The Kalispell City Planning Board met on September 19, 2005 and held a public
hearing to consider a request from Lisa Wade for a conditional use permit to allow the
construction of a four -plea and two five -plea units on two properties located along 5th
Ave East. The current property addresses are 1613 and 1515 5thAve. East. The
properties total approximately one -acre in size. Submitted concurrently with this
conditional use perrm't is a petition for annexation and an initial zoning designation of
RA- 1, Lover Density Residential Apartment, for a portion of the property located at 1515
5th Ave. East.
The properties can be described as Parcels A and B of certificate of Survey 4759
located in SW I/A of Section 17, Township 28 North, Range 21 west, P.M.M. , Flathead
County, Montana.
The Planning Board held a public hearing on September 19, 2006. During the public
hearing Bob Erickson of Jackola Engineering spoke in favor of the proposal and
expressed concerns the property owner had on three of the conditions in the staff
report. Specifically, conditions 10, 12 and 15. A neighboring property owner, Anna
Mork, expressed concerns about the fencing height and impacts associated with light,
noise, traffic and garbage and whether this development would decrease her property
value. The Planning Board discussed each of these items and all but the property
value concern were addressed in the conditions of approval.
The Planning Board struggled with the condition requiring the applicant to provide
cross easements to neighboring properties, recommended condition 15 in the staff
report. A motion was made to delete condition 15 however the motion failed on a vote
of 2-2. Two of the planning board members felt that future interconnectivity between
these types of apartment projects should be provided for. A subsequent motion was
made to amend condition 25 and require the privacy fence height be a minimum. of 6
feet and recommend approving the use permit request with the 25 conditions listed in
the staff report as amended. This motion passed unanimously.
Please schedule this matter for the October 16, 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
Timothy Norton
President
Attachments: Exhibit A --Conditions of Approval
Staff report KCU -06--9 and application. materials
Draft Minutes from. the 9 / 19 / 06 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Lisa J. Wade
P.O. Box 312
Kila, MT 59920
Jackola Engineering
P.O. Box 1134
Kalispell, MT 59903
IT A
WADE CONDITIONS OF APPROVAL
AS RECOBUYIENDED BY THE KALISPELL CITY PLANNING BOARD
SEPTEM 3ER 19, 2006
The Kalispell City Planning Board held a public hearing on this matter at the regular
meeting of the planning board of September 19, 2006. The following conditions are
recommended for the conditional use permit:
1. The proposal shall be developed in substantial conformance with the approved
site plan and other application materials except as modified by these
conditions.
2. The following requirements shall be met per the Kalispell Fire Department:
(Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with the International Fire Code (2003).
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code (2003).
3. The three large trees located along the western property boundary shall not be
removed unless the trees are dead or dying.
4. All utilities shall be placed underground.
5. The conditional use permit is valid for a period of 18 months from the date of
authorization after which time if the commencement of activities has not
occurred the permit shall be void. A continuous, good faith effort to design the
building, obtain financing and other activities shall be considered a
commencement.
Prior to Issuance of a Building Permit:
6. The two existing lots shall be combined and the reap filed with the Flathead
County Clerk and Recorder's Office.
7. The project site's frontage along Fifth Avenue East 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 construction. This
infrastructure shall include but not be Limited to streets, street lighting, street
signage, curb, gutter, boulevard and sidewalk and shall be installed along Fifth
Avenue East. New infrastructure along Fifth Avenue East shall tie into the
existing street infrastructure.
8. Water and sewer main extension shall be reviewed and approved by the
Kalispell Public Works Department.
9. The owner shall consult with the post office regarding a mail delivery site. Note:
If a mail delivery site is required along Fifth Avenue East, a reduction in the
number of units may be required in order to comply with the parking
requirements.
10. That a good faith effort be made by the developer to provide access to the
property to the south where the existing parking lots serving the apartment
complex is located to provide connectivity between the sites.
11. A revised landscape plan shall be provided to the Parks and Recreation
Department for review and approval. The plan shall specify tree and shrub type
and size at the time of planting as well as grass for groundcover around the
apartment buildings, the parking areas and the boulevard along Fifth Avenue
East and the access driveway. The revised landscape plan shall also focus on a
combination of trees, bushes and green groundcover along the northern project
boundary to help buffer the apartment buildings from the adjacent residences
on the north.
12. A revised site plan shall be submitted showing the mailbox location, required
number of parking spaces, existing trees along the western property boundary
to remain, the sidewalk connection from the access driveway to the sidewalk
along Fifth Avenue East and a five-foot boulevard strip along the north side of
the access driveway.
13. Plans submitted to the Kalispell Architectural Review Committee shall include
four sided architecture and incorporate one or more of the following: dormers,
shutters, varying window sizes and accent colors.
14. That a 20-foot utility easement be located along the eastern property boundary
for the future extension of water and severer lines and the easement be recorded
with the Flathead County Clerk and Recorder's Office.
15. The owner shall provide cross easements across the northern and southern
property boundaries of the project site to allow for future multi --family buildings
to share the driveway and/or parking areas. The easements shall be recorded
with the Flathead County Clerk and Recorder's Office.
16. 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.
17. The developer shall submit to the Kalispell Public Works Department an
erosion / sediment control plan for review and approval.
Prior to issuance of a Certificate of Occupancy:
18. The access driveway, parking spaces, sidewalks serving the apartment complex,
mailbox, and necessary lighting shall be installed.
19. The two parking spaces along Fifth Avenue East shall meet the mird um size
requirements for a parking space, 9' x 20', and shall be paved and striped
accordingly.
20. A certification shall be submitted to the Public works Department stating that
the improvements have been built as designed and approved.
21. A letter from the Kalispell Public works Department shall be submitted to the
Building Department stating that all new infrastructure has been accepted by
the City of Kalispell.
22. If necessary a concrete walkway shall be constructed to connect the sidewalk to
the mail boxes.
23. The approved engineered drainage plan shall be implemented.
24. All landscaping shall be installed per the approved landscape plan.
25. The privacy fences shall be installed and have a minimum height of 6 feet and
be constructed out of solid wood or vinyl on both the north and south sides of
the project site in the areas shown on the site plan.
LISA FADE
REQUEST FOR CONDITIONAL USE PERMIT
KALISPELL PLANNING OFFICE
REPORT #I CU-06-9
SEPTEM BER 6, 2006
A report to the Kalispell City Planning Board and Kalispell City Council regarding a
request for a conditional use permit to construct three apartment buildings totaling 14
units in an RA-1 zoning district. A public hearing to review this request has been
scheduled before the planning board on September 19, 2006 in the Kalispell City
Council Chambers. The p lann i n g board will forward a recommendation to the city
council for final action.
BACKGROUND INFORMATION:
Petitioner/ Owner: Lisa J. wade
P.O. Box 312
Kila, MT 59920
(406) 755-7339
Techmical Assistance: Jackola Engineering
P.O. Box 1134
Kalispell, MT 59903
(406) 755-3208
A. Size and Location: Two properties are included in the conditional use permit
request and total 0.99 of an acre or 43,294 square feet. The properties are
located on the east side of Fifth Avenue East across from the Birchwood
Apartments in the 1700 block of Fifth Avenue East. The property addresses are
1613 and 1615 Fifth Avenue East and can be described as Parcels A and B of
Certificate of Survey 4789 located in SW 1/4 of Section 17, Township 28 North,
Mange 21 west, P.M.M. , Flathead County, Montana.
B. Summary of Request: This is a request for a conditional use permit to construct
three separate apartment buildings for a total of 14 units on the two properties.
The three buildings include one fourplex and two fiveplexes located throughout
the property. Parking will be located between the buildings with an access
driveway located on the south side of the property. Concurrent with the
application for the conditional use permit, a request for annexation into the city of
Kalispell with an initial zoning designation of RA-1 has been filed for Parcel B.
The proposed RA-1 zoning district lists multi -family dwellings as a conditionally
permitted use. There are two homes and several out-build,igs which would need
to be removed from the property in order for the proposed development to occur.
The apartments would be accessed via a 24- foot wide private driveway that would
be approximately 350 feet long. A five-foot sidewalk is proposed on the north side
of the driveway.
C. Existing Land Use and zoning: There are two homes as well as several small
outbuildings located east of the homes on the project site. The northern property
#KCU-06-9
Page 1 of 10
is zoned RA-1. The southern property has two zoning districts, County R-4 and
RA-1. The southern property has petitioned for annexation and an initial zoning
designation of RA- 1, Lour Density Residential Apartment, upon annexation to the
City which Lists multi -family dwellings as a conditionally permitted use. The
density allowed under this zone is 6,000 square feet for the first duplex and 3,000
square feet for each additional unit. The maximum density permitted on this
approximately 0.9 9 of an acre project site would be 14 units.
D, Surrounding Zoning and Land Uses Zoning: This area is generally residential in
character along Fifth Avenue East and to the east. The surrounding zoning is a
mix of City and County zoning. This block provides a transition area between the
more intensive uses located along Third Avenue East, which is located to the merest
of this site and is commercially developed.
North: Single-family residences, City RA-1 and County R--4 zoning
East: Single-family residences, county R-4 zoning
South: Single-family residence and 14 unit apartment building, City RA-1
zoning
West: Birchwood Apartments and single --family residences, City RA-1
zoning
E. Relation to the Growth Policy: The two properties are designated by the
Kalispell City Growth Policy 2020 as High Density Residential in the western
portion and Urban Residential in the eastern portion.. The High Density
Residential designation anticipates multi -family buildings with a density of S to
40 dweLlirigs per gross acre. The Urban Residential designation anticipates single-
family, duplex and low density multi --family buildings with a density of 3 to 12
dwellings per gross acre. The development as proposed is in substantial
compliance with the High Density Residential and Urban Residential designations
making the proposal consistent with the type of development that would be
anticip ated under the growth policy.
P, Utilities / services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
NorthWestern Energy
Electric:
Flathead Electric Cooperative
Phone:
C en.tury Tel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
school District #5, Kalispell
EVALUATION OF THE REQUEST
The application is reviewed in accordance with the conditional use review criteria in the
Kalispell Zoning Ordinance.
#KCU-n6-9
Page 2 of 10
1, Site Suitability:
a. Ade uate Useable ace: The proposed RA-1 zoning allows a density of
one dwelling unit per 3,000 square feet. This property contains a total of
0.99 of an acre or 43,294 square feet which includes the access driveway
providing an allowable density of 14 units. Fourteen units are the
maximum allowable units under the RA-1 zoning. The property is level
throughout and the site plan indicates that 14 units as well as landscaping
and parking can be provided on the site.
b. Adequate Access: Access to the site will be provided by a private driveway.
The driveway will be paved with a um pavement width of 24 feet
along with a 5-foot sidewalk and 5-foot landscaped boulevard along the
north side of the driveway. The south side of the driveway will have a
combination of landscaping and fencing. Once fully developed; the
driveway will. provide adequate vehicular and pedestrian access as well as
emergency access to the three apartment buildings.
C. Environmental constraints: The site is generally level, and no floodplain,
surface water or wetlands are mapped on the site. The Depth to
Groundwater Map indicates shallow ground water in this area of the city.
However, this particular site does not shown evidence of saturated soils on
or around this site. An engineered drainage plan wriR be required to be
submitted to the Kalispell Public works Department which addresses the
on -site retention of storm water as well as the extension of water and sewer
to the site. No significant environmental constraints are apparent on the
property.
2. Appropriateness of design:
a. Parkin and site circulation: The Kalispell zoning Ordinance requires 2.5
parking spaces per dwelling unit for multi -family dwellings. The project
proposes 14 units which require a total of 35 parking spaces. The site plan
submitted with the use permit application indicates 34 parking spaces on
the project site with 2 parking spaces shown along Fifth Avenue East.
Although the zoning code allows on street parking to be used to achieve the
required number of parking spaces for the project, if spaces are to be
utilized along Fifth Avenue East the parking spaces will need to meet the
minimum size requirements for a parking space, 9' x 20', and will need to
be paved and striped accordingly.
The site plan does not indicate the location of a mail delivery site for the
apartment complex. Typically the post office has required similar
apartment units along Third Avenue East to construct a central box unit for
the development adjacent to the city street. This may necessitate the
removal of the 2 on street parking spaces shown on the site plan and
ultimately the loss of at least one unit. The Planning Department has
recommended a condition which will require the owner consult with the
post office regarding mail delivery and, if required along Fifth Avenue East,
a reduction in the number of units in order to comply with the parking
requirements.
'M -a6-9
Page 3 of 10
During the city's Site Review Committee meeting the fire marshal and
police detective stated that they would life to see some interconnectivity
between the parking areas and driveways of this apartment development
and the apartment complex immediately south. The connectivity between
the two complexes would provide the emergency responders of the city
greater access to the developments. Therefore, as a recommended
condition of approval, the owners would be required to contact the owner of
the apartment complex immediately south and do their due diligence to try
and provide the connection.
As this is an urbanizing area with the lots located north and south of the
project site zoned RA- 1, the potential for future multi --family development
in the immediate area is high. With the concern for connecting these
apartment complexes with one another as they develop the Plannmg
Department would recommend that the owner of this project provide cross
easements across the northern and southern property boundaries of the
project site to allow for future multi -family buildings to share the driveway
and / or parking areas.
b. Open !pace: No specific open space requirements exist in the zoning
regulations for multi --family developments. The setback requirements of
the RA- 1 zoning are 20 feet in the front and rear and 10 feet on the sides.
C. Fencin&Z Screening Landsca in : The site plan proposes landscaping
along the northern project boundary and around the parking areas and
buildings. Landscaping is also indicated along the access driveway on
both the north and south sides of the driveway. As a recommended
condition of approval a final landscape plan should be created which calls
out tree and shrub type and size at the time of planting as wen as grass for
groundcover around the apartment buildings and the parking areas. The
landscape plan should focus on a combination of trees, bushes and green
groundcover along the northern project boundary to help buffer- the
apartment buildings from the adjacent residences on the north. This plan
would be reviewed and approved by the Parks and Recreation Department
prior to issuance of a building permit and installed prior to receiving a
certificate of occupancy for the apartment buildings.
In addition to the proposed landscaping there are three large trees located
along Fifth Avenue East which the Planning Department is recommending
remain in place. The size of the trees and location enhance both the street
and would provide mature landscaping for the apartment complex.
Leaving the trees on the site will require the relocation of a portion of the
sidewalk along the driveway and possibly utility extensions.
Page 4 of 10
The houses in
the
background
are located on
the project.
site. The trees
recommended
to remain are
shown here
between the
street and the
existing
homes.
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The site plan indicates several privacy fences along both the north and
south sides of the project site. The fences would screen both the refuse
areas and parking areas and driveway from the adjacent residences. The
application does not specify the type of fencing to be used however if
privacy screening is to be achieved the Planning Department would
recommend a mi* n i m um height of 5 feet and a solid wood or vinyl fence be
constructed on both the north and south sides of the project site in the
areas shown on the site plan to screen car Lights and the refuse containers.
d. Signs: No specific dimensions or drawing of a sign was included with the
application. The zoning allows one sign 24 square feet in size, and a height
not to exceed six feet. The site plan indicates that a small sign will be
placed near the entrance along Fifth Avenue East. A permit for the sign
would be required prior to installation.
e. Architectural design-.,- In March of this year the City Council adopted
Architectural Design Standards that are enforced city-wide on all
residential structures except single family homes and duplexes. The
Architectural Design Standards require multi -family buildings to apply
architectural elements on all sides of the structure visible from public
rights -of -way and/or adjacent residential zones. This would therefore
require the three proposed buildings to have four sided architecture when
designing the plans. Other elements that the Planning Department would
recommend be incorporated into the design of the buildings would include
the use of dormers, shutters, varying window sizes and accent colors. The
Planning Department is trying to discourage large, vacant walls and sterile
building design as shown in the photo below.
#Kcu--o6 -9
Page 5 of 10
The Planning
Department is
discouraging
this design of
multi -family
buildings
within the
City; Vacant
walls, solid
grey siding,
little or no
architectural
embellishment
3. Availability of Public Services / Facilities:
a. Schools: This site is within School District #5. Limited impact is
anticipated from the proposed apartment complex.
b. Parks and Recreation.: Dry Bridge Park is within reasonable walking
distance of the site to the east approximately a quarter of a mile and a
County park in the Greenacres area that is closer, but without easy direct
access. Impacts to the parks are anticipated to be minimal.
C. Police: Police protection will be provided by the Kalispell Police
Department. No unusual impacts or needs are anticipated from the
proposed residential facility.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the
proposed apartments. Building access as well as the dumber and
placement of fire hydrants will need to meet International Fire code
requirements and be reviewed and approved by the fire marshal.
e. Water and severer: Water and sewer requirements will be identified during
construction and be extended at the owners' expense. The application
notes that there is an existing eight -inch water main located in the
southern portion of the project site. The water main will be extended north
to the northern boundary of the project site with smaller six-inch mains
serving the fire hydrants within the development. Additionally, an eight -
inch serer line will need to be extended from. Fifth Avenue East to the site
in order to serve the development.
The apartment project to the south was required to provide a 20-foot utility
easement along the west and north property boundaries for the future
#KCU-o6-9
Page 6 of 10
extension of crater and sewer to properties located to the east. That staff
report, KGU-03--7, noted that the area to the east is sparsely developed and
without good access to city utilities. Eighth Avenue East lies to the east
and some or most of the residences along this avenue are served by a two-
inch city grater main. Sewer is not easily available to the area with the
nearest main several hundred feet from the intersection of Eighth Avenue
East and 14 thStreet East. The staff report noted that it would be beneficial
to both the city and the residents in the area if some type of utility access
were made available. Therefore, the Planning Department would
recommend that a 20 -foot utility easement be located within the 20-foot
building setback along the eastern property boundary of the project site in
order to allow water and severer lines to the property located east of this
project.
f. Solid waste: The application states that solid waste pick-up will be
provided by a private hauler. Enclosures will be placed along the northern
property boundary adjacent to the parking area for garbage pickup.
g. Streets: Fifth Avenue East provides the primary access to the project site.
Fifth Avenue East is currently a paved city street approximately 24 feet
wide with no curb, gutters, boulevard or sidewalk in the area of the
proposed development. As a recommended condition of approval the owner
will be required to upgrade Fifth Avenue East as it fronts the project site.
This includes the installation of a curb, gutter, landscape boulevard and
sidewalk.
h. Mail delivery. The owner will need to contact the US Post office in order for
the post office to determine the best location for mail delivery. As
discussed in Section 2. a of this report, the mail delivery site may be
required to be located along Fifth Avenue East which would require the
removal of 2 proposed on street parking spaces. This in turn would require
the reduction of the number of apartment units on the site. In addition to
contacting the post office to determine a mail delivery site, the location of
the mail boxes shall be integrated into the sidewalk system so that the mail
boxes do not impede on the travel way of the sidewalk. Furthermore, a
concrete walkway should be constructed to connect the sidewalk to the
mail boxes. This will help avoid pedestrians having to walk across a
landscape strip to retrieve their mail, which in the winter could lead to a
muddy connection between the sidewalk and mail boxes.
4. Neighborhood Impacts: Development and land use impacts of the proposal are
anticipated to be typical of this type of development and with other similar
apartment developments in the immediate neighborhood. 'Traffic generation for
an apartment complex of this size would be noticeable but relatively insignificant.
Except during construction, no significant impacts are anticipated from noise,
vibration, or dust. Some outdoor lighting is proposed on the parking lot and
private driveway however the lighting would be required to meet the new lighting
standards found in the zoning code.
No impacts from smoke, fumes, gas, odors, or inappropriate hours of operation
are anticipated beyond the norm of an urban density neighborhood. A notice of
#KCU-o6-9
Page 7 of 10
public hearing was mailed to property owners within 150 feet of the site
approximately 15 days prior to the hearing. As of this writing, staff has not
received any inquiries from neighbors on the proposal.
5. Consideration of historical use patterns and recent changes: The proposal is
generally compatible with the immediate area, where a mix of house types is
anticipated and encouraged. This is in an area at the edge of the city's
commercial area which has developed as a mix of uses to the west. The proximity
of this site to commercial services which are within walking distance make this an
ideal location of this type of development with the exception of the lack of good
pedestrian access in the area.
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.
RECOMMENDATION
Staff recommends that the planning board adopt the staff report #KCU-06-9 as fmdings
of fact and recommend to the Kalispell City Council that the conditional use permit be
approved subject to the following conditions:
General Conditions:
1. The proposal shall be developed in substantial conformance with the approved
site plan and other application materials except as modified by these conditions.
2. The following requirements shall be met per the Kalispell Fire Department:
(Kalispell. subdivision Regulations, section 3.20) .
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in
accordance with the International Fire Code (2003).
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction..
c. Fire Department access shall be provided in accordance with International Fire
Code (2003).
3. The three large trees located along the western property boundary shall not be
removed unless the trees are dead or dying.
4. All utilities shall be placed underground.
5. The conditional use permit is valid for a period of 18 months from the date of
authorization after which time if the commencement of activities has not occurred
the permit shall be void. A continuous, good faith effort to design the building,
obtain financing and other activities shall be considered a commencement.
#KCU--06-9
Page 8 of 10
Prior to Issuance of a Building Permit:
6. The two existing lots shall be combined and the map Bled with the Flathead county
Clerk and recorder's Office.
7. The project site's frontage along Fifth Avenue East 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 construction. This infrastructure shall include
but not be limited to streets, street lighting, street signage, curb, gutter, boulevard
and sidewalk and shall be *installed along Fifth Avenue East. New infrastructure
along Fifth Avenue East shall tie into the existing street infrastructure.
S. Water and sewer main extension shall be reviewed and approved by the Kalispell
Public Works Department.
9. The owner shall consult with the post office regarding a mail delivery site. Note: If
a mail delivery site is required along Fifth Avenue East, a reduction in the number
of units may be required in order to comply with the parking requirements.
10. That a good faith effort be made by the developer to provide access to the property
to the south where the existing parking lots serving the apartment complex is
located to provide connectivity between the sites.
11. A revised landscape plan shall be provided to the Parks and Recreation
Department for review and approval. The plan shall specify tree and shrub type
and size at the time of planting as well as grass for groun.dcover around the
apartment buildings, the parking areas and the boulevard along Fifth Avenue
East and the access driveway. The revised landscape plan shall also focus on a
combination of trees, bushes and green groundcover along the northern project
boundary to help buffer the apartment buildings from the adjacent residences on
the north.
12. A revised site plan shall be submitted showing the mailbox location, required
number of parking spaces, existing trees along the western property boundary to
remain., the sidewalk connection from the access driveway to the sidewalk along
Fifth Avenue East and a five --foot boulevard strip along the north side of the
access driveway.
13. Plans submitted to the Kalispell Architectural Review committee shall include
four sided architecture and incorporate one or more of the following: dormers,
shutters, varying window sizes and accent colors.
14. That a 20 -foot utility easement be located along the eastern property boundary for
the future extension of water and sewer lines and the easement be recorded with
the Flathead county Clerk and Recorder's Office.
15. The owner shall provide cross easements across the northern and southern
property boundaries of the project site to allow for future multi -family buildings to
share the driveway and/or parking areas. The easements shall be recorded with
#Kcu-o6-9
Page 9 of 10
the Flathead County Clerk and Recorder's office.
16. 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..
17. The developer shall submit to the Kalispell Public Works Department an
erosion/ sediment control plan for review and approval.
Prior to issuance of a Certificate of Occu anc
13. The access driveway, parking spaces, sidewalks serving the apartment complex,
mailbox, and necessary lighting shall be installed.
19. The two parking spaces along Fifth Avenue East shall meet the ' um size
requirements for a parking space, 9' x 20', and shall be paved and striped
accordingly.
o. A certification shall be submitted to the Public Works Department stating that the
improvements have been built as designed and approved.
1. A letter from the Kalispell Public Works Department shall be submitted to the
Building Department stating that all new infrastructure has been accepted by the
City of Kalispell.
22. if necessary a concrete walkway shall be constructed to connect the sidewalk to
the mail boxes.
23. The approved engineered drainage plan shall be implemented.
24. All landscaping shall be installed per the approved landscape plan.
25. The privacy fences shall be installed and have a ' ' um height of 5 feet and be
constructed out of solid Wood or vinyl on both the north and south sides of the
project site in the areas shown on the site plan.
SC
Z:\FRDO\REPORT'S\KCU\2006\KCU06-9 WADE.DOC
#KCU-06-9
Page 10 of 10
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE:c`�'.
OWNERS) OF RECORD:
Name: LJA0c
Mailing Address: P-0I Eay� � � Z
City/State/Zip: l<it.& Jam! ��J mil' �C Phone: 755- 733�j
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: _&03 t�2f�,k5c�.+s j SACK��A ��UGtxl�IP�.�Cy
Mailing Address: Imo. C> �C>X'
City/State/Zip: I�,AC-lsr"��G-�-� M"7- SF-216— Phone: 755_ �s Z�
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range
Address: /61 S AVL. &sT No. 17 ship Eg No. z
Subdivision
Name:
Tract 5'3 Lot Block
No(s). 5- No(s). No.
1. Zoning District and. Zoning Classification in which use is proposed:
KA_ I LoLA-_'�.. _D,5,��SelTkl A8919,-IrMi�AAjr
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
G. 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. _.
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. w
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).
1 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
developm nt roce ss.
Ap cant Signature Date
2
Traffic will enter from and exit onto 5Ih Avenue East. Exiting will be controlled by a stop
sign at the intersection of the private drive and 5'h Avenue East. The stop sign will be
installed per City of Kalispell Design Standards.
Access to the property will be by a 24 foot wide paved private drive. Circulation within
the property will be by 24 foot wide drive aisles that will provide access to the parking
spaces. Parking areas are designed as hammerhead type turn arounds.
There are two off-street parking spaces provided on 5 th Avenue East. Loading zones will
not be required in this development.
Refuse areas are located near each apartment building. Service is anticipated to be by
contract hauler.
New water and sewer main extensions will be required. Sewer will be extended to the
east from an existing sewer main running north and south on the east side of 5 th Avenue
East. Water will be extended from an existing main near the center of the property on the
south side. The main will extend north through the property to the north property line.
Poorer, gas, phone and cable will be extended into the property underground. Locations
of the new utilities will be coordinated with the appropriate utility companies.
Screening and buffering will be provided along the north and south property lines by
privacy fencing and shrubs.
No signage for the development is anticipated. Yards and open areas will be retained as
common area for the development.
The middle and east apartment buildings will be approximately 34' x 60' containing 5
units. The west building will be approximately 3 8' x 50' containing 4 units. The building
heights will not exceed 3 5' .
Open spaces are in the front, side and rear yards and landscape areas around the parking
areas. The open spaces will be used for landscaping and recreation areas for the building
tenants.
.Hours and manner of operation do not apply to this development as it is a residential use.
Noise, light, dust, odors, fumes and vibration are note anticipated to be problematic.
Lighting will meet the City of Kalispell lighting requirements.