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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. =... w.. ............... . . ... .... .... .. __ - _ _ --- ........... -_ _- - - -_ - _- ..... .�_... .,. _ __. ram_=: -�.. F ..:......... . .......... ........... .....:.:. . .....:.:.: .....:::.. . i - - - - - r ......:....... , .--- - - - ___ - l� r S�• ♦ � T ....___.._ .... ....... _._ ...... ._.._._...._ ,. - - - - . v --_..... -. Wit.. ..... , 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.