02. Conditional Use Permit - Blue Heron Estates Cluster DevelopmentT"ri-City Planning Office
17 Second Street east — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Pax: (406) 751-1858
tricity@centurytel.r et
wwww.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Blue Heron Estates Cluster Development -- Conditional Use
MEETING DATE: April 4, 2005
BACKGROUND: This is a request by Charles and Mickey Lapp for a conditional use
permit to allow the conversion of five single family residential lots within the Blue
Heron Estates subdivision to five two unit townhouse lots. Townhouses are allowed
in the R-2, Single Family Residential, zoning district as a conditionally permitted use
subject to certain provisions and to a conditional use permit. The properties are
located north of Three Mile Drive and west of Stillwater Road and contain a total of
approximately 2.6 acres.
Narda Wilson of the Tri-City Planning Office, presented staff report #KCU-05-3 and
evaluated the proposal. She noted there are density limitations in the R-2 zoning
district that are based on 9,600 square feet and that the overall acreage in the 2.6
acres only permitted the conversion of four of the five lots with the other four lots
being single family along with the park area. However, she further noted that if the
entire Phase 1 of Blue Heron was considered even without any parkland that the
overall density of the subdivision including the ten townhouse lots would be less than
the 9,600 square feet. Staff recommended approval of the conditional use permit with
the exception of allowing the creation of eight townhouse units rather than ten
townhouse units because of the density limitations.
The Kalispell Planning Board held a public hearing on March 8, 2005 and considered
this matter. At the public hearing, Ed Engle with Paul J. Stokes and Associates was
the engineer representing the applicants. He asked the board to grant the request
based on the overall density of the subdivision. Charles Lapp, owner and applicant,
explained that he had always intended these lots to be developed as townhouses and
that had he understood the limitations of the zoning he would have addressed the
situation sooner. There were several people who live in the area who expressed
concerns regarding aesthetics and decreased property values.
The board discussed the issues related to the density and the location of the
townhouses in the subdivision and how essentially the calculation was based on the
density of the property before them. A motion was made to allow the creation of an
additional townhouse, but failed. A motion was made and passed on a unanimous
vote to recommend to the Kalispell City Council that the conditional use permit for
the: creation of the townhouses be approved subject to conditions as listed in attached
Exhibit A.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Palls •
Blue Heron Estates Conditional Use Permit
March 22, 2005
Page 2
RECOMMENDATION: A motion to approve the conditional use permit subject to
conditions would be in order.
FISCAL EFFECTS: None known.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson awes H. a rick
Senior Planner City Manager
Report compiled: March 22, 2005
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report #KCU-05-3 and application materials
Draft minutes from 3/8/05 planning board meeting
TRANSMIT \ KALISPEL \2005 \ Kcu 05-3MEMO
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Charles and Mickey Lapp
3230 Columbia Falls Stage Road
Kalispell, MT 59901
LEGAL DESCRIPTION: Lots 1-4 and 23-25 and the Park in Phase 1, and. Lot 26 of Phase 2,
BIue Heron Estates Subdivision, located in Section 2, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana
ZONE: Single Family Residential, R-2
The applicant has applied to the City of Kalispell for a conditional use permit to convert five
single family lots to five two -unit townhouse lots in the Blue Heron Estates Subdivision.
Townhouses are conditionally permitted in the R-2 zone subject to certain provisions, including
density limitations.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
March 8, 2005, held a public hearing on the application, took public comment and recommended that
the application be approved subject to five conditions.
After reviewing the application, the record, the TCPO report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Tri-City Planning Office, Conditional Use Report #KCU-05-3 as the Council's findings of
fact, and issues and grants to the above -described real property a conditional use permit to allow the
conversion of single family lots to two unit townhouse lots in the Blue Heron Estates Subdivision in
an R-2, Single Family Residential zoning district subject to the following conditions:
The proposal will be developed in substantial conformance with the approved site plan and
other application materials except as otherwise modified by the conditions listed below.
2. The density shall be reduced within the subdivision by leaving one of the lots intended for
conversion to two sublots as a single family lot. To wit, four of the five lots can be developed
with two unit townhouses thereby creating a total of four single family lots and four two unit
townhouse lots for a total of eight sublots and 12 lots total.
3. A preliminary plat shall be filed and taken before the planning board for major subdivision
review that amends the four single family lots into eight sublots.
4. Pedestrian access shall be developed along Three Mile Drive along the southern boundary of
Lots 1 and 25, Phase I of Blue Heron Estates prior to the issuance of a building permit for
these lots.
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.
Dated this 4th day of April, 2405.
STATE OF MONTANA
ss
County of Flathead
Pamela B. Kennedy
Mayor
On this day of , ZOOS 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
Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
#ricity ci,centurytel.net
March 22, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Blue Heron Estates Cluster Development - Conditional Use Permit
Dear Jim:
The Kalispell City Planning Board met on March 8, 2005 and held a public hearing to
consider a request by Charles and Mickey Lapp for a conditional use permit to allow
the conversion of five single family residential lots within the Blue Heron Estates
subdivision to five two unit townhouse lots. Townhouses are allowed in the R-2,
Single Family Residential, zoning district as a conditionally permitted use subject to
certain provisions and to a conditional use permit. The properties are located north of
Three Mile Drive and west of Stillwater Road and contain a total of approximately 2.6
acres.
Narda Wilson of the Tri-City Planning Office, presented staff report #KCU-05-3 and
evaluated the proposal. She noted there are density limitations in the R-2 zoning
district that are based on 9,600 square feet and that the overall acreage in the 2.6
acres only permitted the conversion of four of the five lots with the other four lots
being single family along with the park area. However, she further noted that if the
entire Phase 1 of Blue Heron was considered even without any parkland that the
overall density of the subdivision including the ten townhouse lots would be less than
the 9,600 square feet. Staff recommended approval of the conditional use permit with
the exception of allowing the creation of eight townhouse units rather than ten
townhouse units because of the density limitations.
At the public hearing, Ed Engle with Paul J. Stokes and Associates was the engineer
representing the applicants. He asked the board to grant the request based on the
overall density of the subdivision. Charles Lapp, owner and applicant, explained that
he had always intended these lots to be developed as townhouses and that had he
understood the limitations of the zoning he would have addressed the situation
sooner. There were several people who live in the area who expressed concerns
regarding aesthetics and decreased property values.
The board discussed the issues related to the density and the location of the
townhouses in the subdivision and how essentially the calculation was based on the
density of the property before them. A motion was made to allow the creation of an
additional townhouse, but failed. A motion was made and passed on a unanimous
vote to recommend to the Kalispell City Council that the conditional use permit for the
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Blue Heron Estates Conditional Use Permit
March 22, 2005
Page 2
creation of the townhouses be approved subject to conditions as listed in attached
Exhibit A.
Please schedule this matter for the April 4, 2005 regular Kalispell City Council
meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if
you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
1
co e T r
sident
GT/NW/ma
Attachments: Exhibit A
Staff report #KCU-05-3 and application materials
Minutes 3/8/05 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Charles & Mickey Lapp, 3230 Columbia Falls Stage Rd, Columbia Falls,
MT 59912
Paul J. Stokes & Assoc., 322 2nd Ave W., Suite B, Kalispell, MT 59901
Blue Heron Estates Conditional Use Permit
March 22, 2005
Page 3
E i=IT A
BLUE HERON ESTATES CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
MARCH 8, 2005
The Kalispell City Planning Board is recommending to the Kalispell City Council that
they approve the following amendments to the Kalispell Zoning Ordinance:
1. The proposal will be developed in substantial conformance with the approved
site plan and other application materials except as otherwise modified by the
conditions listed below.
2. The density shall be reduced within the subdivision by leaving one of -the lots
intended for conversion to two sublots as a single family lot. To wit, four of the
five lots can be developed with two unit townhouses thereby creating a total of
four single family lots and four two unit townhouse lots for a total of eight
sublots and 12 lots total.
3. A preliminary plat shall be filed and taken before the planning board for major
subdivision review that amends the four single family lots into eight sublots.
4. Pedestrian access shall be developed along Three Mile Drive along the southern
boundary of Lots 1 and 25, Phase 1 of Blue heron Estates prior to the issuance
of a building permit for these lots.
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.
BLUE HERON ESTATES
REQUEST FOR CONDITIONAL USE PERMIT
TRI-CITY PLANNING OFFICE
STAFF REPORT #KCU-05-3
MARCH 1, 2005
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding
a request for a conditional use permit to convert five single family lots into five two unit
townhouse lots in an R-2 residential zone. A public hearing to review this request has
been scheduled before the planning board on March 8, 2005, in the Kalispell City
Council Chambers. The planning board will forward a recommendation to the city
council for final action.
BACKGROUND INFORMATION:
A. Petitioner/ Owner: Charles and Mickey Lapp
3230 Columbia Falls Stage Road
Columbia Falls, MT 59912
(406) 752-0123
Paul J. Stokes and Associates
322 Second Avenue West, Suite B
Kalispell, MT 59901
(406) 755-8707
B. Summary of Request: The applicant is requesting a conditional use permit to
allow the conversion of five single family residential lots within the Blue Heron
Estates Subdivision to five two unit townhouse lots. Townhouses are allowed in the
R-2, Single Family Residential, zoning district as a conditionally permitted use. The
townhouse provision in the zoning ordinance falls under Section 27.22.130,
Sublots, and states the following:
"Dwellings may be constructed on sublots within any zoning district which
permits multi -family dwellings, cluster housing, or townhouse dwellings. Sublots
are subject to subdivision approval and, if required, a conditional use permit.
(1) . Site Requirements.
(a). Sublots are eligible only within a recorded subdivision lot whose
area is at least 6,000 square feet.
(b). The allowable number of sublots shall be determined by dividing the
gross area of the platted lot by the density limits of the applicable
zoning district. In the event that the design utilizes common
ownership of common areas, the area of the lot(s) plus the common
area shall be divided by the density limits of the applicable zoning
district to determine the allowable number of sublots. In no case,
however, shall a sublot have an area less than 2,000 square feet nor
more than one dwelling unit thereon.
I
(2). Building Limitations. The yard, height, and area requirements of the
district shall apply to the entire area of the platted lot. Common ownership
of tliq- S7-arr1C iC pprmitti-d Ri7arpri interinr nrnnPrty 3 Fn1inrinrv(iPSl is_'
anticipated to be developed at a zero lot line.
Density is determined based on dividing the minimum lot size requirements of the
district in the R-2 zone of 9,600 square feet into the net area to be considered.
The applicants are including three existing single family residential lots and the
park area immediate to the north in this application in order to achieve the
required density of one dwelling per 9,600 square feet. The entire area included
within the application is 2.6 acres or 113,212 square feet (more or less). Based on
this gross area, and the density of one dwelling per 9,600 square feet the density
would be 11.79 dwelling units. Rounded up, this would allow the creation of a
total of 12 lots. Rounded down, this would .allow 11 lots rather than the 13 lots
proposed. In order to accommodate a total of 13 lots, the gross area within the
plat would need to be 124,800 square feet. Another alternative might be to
amend the boundaries on the lot to the north of the park, i.e. Lot 22 of Phase 1,
into the park area or to amend the boundaries of the lot(s) to the west and
incorporate the approximately 117588 square foot deficit into the townhouse lots.
C. Size and Location: The entire area being considered under this conditional use
permit is approximately 113,202 square feet. This includes eight platted lots and
a park area. The property is located west of the northwest corner of Three Mile
Drive and Stillwater Road. The lots lie on the east and west side of the entrance
road, Blue Crest Drive, to Blue Heron Estates Subdivision on the north side of
Three Mile Drive. The property can be described as Lots 1 through 4 and 23
through 25, and the Park in Phase I and Lot 26 of Phase 2, Blue Heron. Estates
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Flathead County, Montana.
D. Existing Land Use and Zoning: The lots within the area being considered for
this conditional use permit are currently undeveloped. The property was zoned R-
2, Single Family Residential, at the time it was annexed into the city and Blue
Heron Estates was given preliminary plat approval. The R-2 zoning designation
has a minimum lot size requirement of 9,600 square feet and is generally limited
to single family detached houses, except as otherwise provided under the zoning
ordinance, i.e. a conditional use permit for townhouses or other non-residential
uses listed in the district.
E. Surrounding Zoning and Land Uses Zoning: The property lies in an area of
Kalispell that has experience rapid growth and expansion because of the
availability of municipal water and sewer. Immediately to the east is an
approximately ten acre parcel that is coming before the planning board for
consideration for annexation, zoning and preliminary plat approval for single
family residences under an R-3, Urban Single Family Residential, zoning district.
To the north of these lots, are phases 1 and 2 of Blue Heron Estates Subdivision
and many of the lots have been developed with single family homes. To the east of
these lots is the County Search and Rescue building. This property is in the
County zoning jurisdiction. Immediately to the south is the currently
undeveloped subdivision that was recently annexed into the city, Bowser Creek
Estates, and given a zoning designation of R-2 / PUD. Within the Bowser Creek
2
Estates subdivision there area a number of two unit townhouse lots planned for
the development. Some of the density within the subdivision was shifted for the
riparian area along Bowser's Spring Creek which runs through the site and
creates a floodplain in Zone A to other areas of the site in the form of two unit
townhouses. Additionally, some of the lots within Bowser Creek Estates are
below the minimum 9,600 square foot minimum as provided for under the PUD
review process.
North: Single family residences, City R-2 zoning
East: Search and Rescue building, County AG-80 West Valley Overlay
(WVO)
South: Undeveloped Bowser Creek Estates, City R-2 / PUD
West: Pending single family subdivision, Cottonwood Park Proposed R-3
zoning, currently SFR and County AG-80 WVO
F. Growth Policy Plan Designation: The Kalispell City Growth Policy designates
this area as Suburban Residential and anticipates four dwelling units per acre.
Blue Heron Estates Phase 1 has a density of approximately three dwellings per
acre. The overall density of Blue Heron Phase 1 with the inclusion of the five
additional townhouse lots will be approximately 3.44. This would include the
initial 25 lots on 9.045 acres (excluding park area of 1.326 acres) plus an
additional 11,234 square feet (0.26 acres) in Lot 26 of Phase 2 for a total 9.305
acres. A total of 32 lots on 9.305 acres is 3.44 dwelling units per acres. Within
the area under the CUP the density would be 13 units on 2.6 acres or five
dwellings per acre or with 12 dwellings on 2.6 acres the density is 4.6 dwellings
per acre. The proposal is in substantial compliance with the growth policy's
anticipated density and also furthers the goals and policies of the growth policy by
encouraging a diversity of housing options in the community.
G. Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Northwest Energy Company
Electric:
Flathead Electric Cooperative
Phone:
CenturyTel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
West Valley School District and 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.
1. Site Suitability:
Adequate Useable Space: The total square footage of the site within the
conditional use permit area is approximately 2.6 acres of 113,212 square feet.
The provisions of the zoning ordinance allows for the creation of sublots within a
3
subdivision and establishes a density based on the underlying zoning district, in
this case the R-2 zone. Derisity is determined based on dividing the minimum lot
size requirements of the district in the R-2 zone of 9,600 square feet into the net
area to be considered. Three existing single family residential lots and the park
area immediate to the north have been included in the application in order to
attempt to achieve the required square footage for one dwelling per 9,600 square
feet. The entire area included within the application is 2.6 acres or 113,212
square feet (more or less). Based on this gross area, and the density of one
dwelling per 9,600 square feet would be 11.79 dwelling units. Rounded up, the
would allow the creation of a total of 12 lots. Rounded down, this would allow 11
lots rather than the 13 lots proposed. In order to accommodate a total of 13 lots,
the gross area within the plat would need to be 124,800 square feet. Another
alternative might be to amend the boundaries on the lot to the north of the park,
i.e. Lot 22 of Phase 1, into the park area or to amend the boundaries of the lot(s)
to the west and incorporate the approximately 11,588 square foot deficit into the
townhouse lots. Staff would recommend allowing the application to round up to
achieve a density of 12 dwellings thereby converting four of the existing single
family lots on the west side of Blue Crest Drive into two unit townhouse lots
rather than the proposed conversion of five lots into two unit townhouse lots.
Adequate Access: Access to the lots is good with Blue Crest Drive being a new
City street that has been constructed to current City standards with curb, gutter,
sidewalks, boulevard and a paved 28 foot wide roadway. As part of this phase a
new access onto Three Mile Drive was developed with oversight from the Montana
Department of Transportation, the Flathead County Road Department and the
City of Kalispell Public Works Department. Pedestrian access needs to be
developed along Three Mile Drive either within the existing public right-of�-way or
within an easement along existing Lots 1 and 25. Pedestrian access will need to
be coordinated with the Montana Department of Transportation. There are no
other access issues which need to be addressed as part of this permit.
Environmental Constraints: There are environmental constraints associated with
the 100 year floodplain that lies along the eastern boundary of the property and
within the area designated as a park. A flood study recently accepted by FEMA
has delineated a flood area narrower than that which was initially indicated on
the flood maps for the area. However, the park and the lots along the eastern
boundary of the property have essentially been platted so that the flood area will
remain protected and undisturbed. The "park" area also provides an area for
storm water retention and is damp during a more rainy season. This area will be
left in a natural state. With the floodplain issue aside, there are no other
significant environmental constraints associated with the property that would
need to be mitigated or otherwise addressed.
2. Appropriateness of design:
a. Parking and site circulation: All of the roads within the subdivision will
eventually connect and create a grid street system. Parking will be
provided on site at the time the lots are developed. No additional parking
beyond the standard two parking spaces per single family dwelling would
be required in conjunction with this conditional use permit.
.7
b. Open Space- An approximately half acre park area that lies in the 100 year
floodplain and also acts as the stormwater retention area lies to the north
of existing lot 23. if the developer / applicant would like to attain an
additional townhouse lot it would be necessary to create additional open
space somewhere within the immediate area such as incorporating Lot 22
of Phase I into the park area. The park area will be a homeowner's park
that is owned and maintained by the homeowners and will generally be
limited to private use. Alternatively, the staff has discussed turning the
park areas within the Blue Heron Estates subdivision over to the City and
along with the park that is proposed to the east in the Cottonwood Park
subdivision, creating an interconnected City park that would be shared by
the homeowners within both subdivisions and the general public.
C. Fencing Screenin Landsca in : There is no screening currently existing
on the site nor does any appear warranted other than screen, buffering or
landscaping that the homeowners may want to put in place around the lots
at the time of development.
d. Sims: 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. A permit for the sign would be required.
3. Availability of Public Services{Facilities:
a. Schools: This site is within School District #5 and the West Valley School
District. Limited impact is anticipated from the proposed townhouse units.
Approximately one or two additional school aged children might be
generated as a result of the creation of the four additional townhouse lots
within the subdivision..
b. Parks and Recreation: There is a park area that lies immediately to the
north of these lots and an additional park area that lies further to the north
within the subdivision. Additionally, there is an approximately 1.5 acre
City park that lies to the east in Empire Estates subdivision.
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 townhouses. Building access as well as the number and
placement of fire hydrants will need to meet Uniform Fire Code
requirements and be reviewed and approved by the fire marshal.
e. Water and sewer: Water and sewer are currently in place and it does not
appear that any additional mains will need to be extended to service this
project. There is adequate water supply and sewage treatment capacity
within the City of Kalispell's current facilities to serve this development.
Solid Waste: Solid waste pick-up will be provided by a private hauler for
5
five years from the date of annexation. Solid waste will be taken to the
County Landfill where adequate capacity exists.
g. Streets: Traffic generation from the development is estimated at 40 average
additional daily trips that might be generated into the area as a result of
the creation of these additional lots. The overall impacts to the roads and
streets in the area will be insignificant.
4. Neighborhood Impacts: Development and land use impacts of the proposal are
anticipated to be typical of other properties in the immediate neighborhood. It
should be noted that there are two unit townhouses to the east in Empire Estates
Subdivision and to the south in Bowser Creek Estates Subdivision. The County
Search and Rescue lies to the south and west boundaries of the lots proposed for
the two unit townhouses which will be minimally impacted by the conversion from
detached single family residential to two unit attached residential development. A
notice of public hearing was mailed to property owners within ISO feet of the site
approximately 15 days prior to the hearing. As of this writing, staff has received no
comments from neighbors on the proposal-
S
. Consideration of historical use patterns and recent changes: The proposal is
compatible with the immediate area, where a mixture of single family and two unit
townhouses have been approved in nearby subdivisions. Additionally, the two unit
townhouse configuration has become a popular housing option in the market as the
demographics of the area change. It has become popular for an aging population
wanting to downsize, for small families entering the market and "empty nesters"
wanting less responsibility in maintenance.
fi. 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-05-3 as findings
of fact and recommend to the Kalispell City Council that the conditional use permit be
approved subject to the following conditions:
The proposal will be developed in substantial conformance with the approved site
plan and other application materials except as otherwise modified by the
conditions listed below.
2. The density shall be reduced within the subdivision by leaving one of the lots
intended for conversion to two sublots as a single family lot. To wit, four of the
five lots can be developed with two unit townhouses thereby creating a total of
four single family lots and four two unit townhouse lots for a total of eight sublots
and 12 lots total.
3. A preliminary plat shall be filed and taken before the planning board for major
subdivision review that amends the four single family lots into eight sublots.
6
4. Pedestrian access shall be developed along Three Mile Drive along the southern
boundary of Lots 1 and 25, Phase 1 of Blue Heron Estates prior to the issuance of
a building permit for these lots.
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.
REPORTS \...KALISPE\... \KCU05-3
7
Conditional Use Permit
Rine Heron EgtatPs
#2
a) Surrounding land uses: The land to the north is residential. (Blue Heron Estates)
The land to the east is a ten -acre tract with one house and shed. The land to the west
is a 2.5-acre tract with one building housing the Flathead County Search and Rescue.
b) Dimensions and shape of lot: The dimension and shape of the lots can be observed
on the attached map. The tract of land consists of 2.6-acmes.
c) Topographic features of lot: The 2.6 acres is flat with a slope to the east on the
eastern edge.
d) Size(s) and locations(s) of proposed buildings: The subject site is void of buildings
with the exception of a pump station located in the southwest corner of Lot 25.
e) Size(s) and location(s) of proposed buildings: The Lots 1-4 and Lot 26 will house a
townhouse on each sublot.
f) Existing use(s) of structures and open areas: The subject site is void of any
structures. The existing open area will remain the same.
g) Proposed use(s) of structures and open areas: The proposed structures will be
utilized for single family residence.
Conditional Use Permit
RhI N�rnrt F.et, tr+e
##3
a) Traffic flow and control: The subject lots will have two points for ingress and
egress via paved roads with streetlights, curb, gutter and sidewalks. The primary
access will be Three Mile Drive with a decileration and turn lane. In addition a
pedestrian and bike trail will be available to residences.
b) Access to and circulation within the property: Three Mile Drive will be the
primary feeder to the subject lots and Blue Heron Subdivision.. The subdivision has a
secondary access onto Stillwater Drive. The internal roads have been constructed to
Kalispell Standards and provide excellent circulation.
c) Off-street parking and loading: Off-street parking will be provided with paved
driveway for each unit.
d) Refuse and service areas: Refuse will be provided by the City of Kalispell. All
refuse will be transported via city truck to the Flathead County Landfill.
e) Utilities: All utilities are in place and are underground.
f) Screening and buffering: A condition of Final Plat was to meet City Standards, and
is or will be in place the spring of 2005.
g) Signs, yards and other open spaces: The subject lots will be subject to the City of
Kalispell Sign Ordinance Chapter, 27.24 and the Blue Heron Restrictive Covenants.
Signage in this residential setting will not be a consideration.
h) Height, bulk and location of structures: All structures will be regulated by the
Kalispell Building Department Standards and the Blue Heron restrictive covenants.
i) Location of proposed open space uses: The open space has been identified on the
attached site plan and the applicant will provide open space amenities. Structures are
not planned for the open space.
j) Hours and manner of operation: All development will be residential without hours
of operation.
k) Noise, light, dust, odors, fumes and vibration: The residential setting with
groomed lawns, landscape, boulevards, paved streets, sidewalks, and bike pedestrian
trails will minimize the above mentioned conditions.
VICINITY MAP SCALE 1" = 350'
CHARLES & MICKEY LAPP
CONDITIONAL USE PERMIT TO ALLOW FOR A CLUSTER
DEVELOPMENT IN AN R-2 (SINGLE ---FAMILY RESIDENTIAL)
DISTRICT
PLOT DATE: 2/14/05
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