05. Conditional Use Permit - Callaway & MohrenweiserTri-City Planning Office
17 Second Street East— Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel. net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Conditional Use Permit - Tim Calaway/Richard & Judith
Mohrenweiser - Construct multi -family units in an RA-3 zoning
district
MEETING DATE: June 7, 2004
BACKGROUND: This is a request by Tim Calaway/Richard & Judith Mohrenweiser
for a conditional use permit to construct multi -family units in an RA-3 zoning district.
The property is located between Meridian Road and Highway 93, north of Underhill
Court. The staff recommended approval of the conditional use permit subject to
conditions.
The Kalispell City Planning Board met on May 11, 2004 and held a public hearing to
consider the request. During the public hearing Mr. Calaway explained their plans for
the development and his agreement for purchase of the property from Mr.
Mohrenweiser. Three people from the neighborhood to the southeast expressed
concerns about impacts to their neighborhood primarily related to traffic. One
neighbor from the area spoke in favor of the proposal stating he thought it was an
appropriate use for the area.
After the public hearing, the board discussed the proposal and issues presented by
the neighbors. A motion was passed unanimously to forward a recommendation to
the city council that the conditional use permit be approved subject to the conditions
listed in Exhibit A and as amended by the planning board.
In order to address the traffic concerns raised by the neighbors, the planning board is
recommending a condition be included that reads "Secondary access of proposed
development onto Underhill Court be emergency ingress and egress only; and such
ingress and egress would need to be coordinated with Emergency Services - i.e., Fire
Department, Ambulance and Police."
RECOMMENDATION: A motion to grant the conditional use permit subject to
conditions would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Providing Community Planning Assistance To:
• City of Kalispell - City of Whitefish - City of Columbia Falls
Conditional Use Permit for Calaway / Mohrenweiser
May 25, 2004
Page 2
Respectfully submitted,
_ - k---_
Narda A. Wilson
Senior Planner
Report compiled: May 25, 2004
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Chris A. Kukulski
City Manager
Staff report #KCU-04-4 and application materials
Draft minutes from 5/ 11/04 planning board meeting
TRANSMIT\KALISPSL\2004\KPP04-1MEM
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Tim Calaway
Calaway Brothers, LLC
365 Riverbend Road
Bigfork, MT 59911
LEGAL DESCRIPTION: Parcels A and B of Certificate of Surveyl5239, and Tract 1 of
Certificate of Survey 11786 in Section 7, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana
ZONE: Residential Apartment/Office, RA-3
The applicant has applied to the City of Kalispell for a conditional use permit to construct
several multifamily units in an RA-3, Residential Apartment/Office zone. The buildings would range
from six to twelve units each for a total of sixty-seven dwelling units. A clubhouse would also be
constructed.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
May 11, 2004, held a public hearing on the application, took public comment and recommended that
the application be approved subject to 13 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-04-4 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 multifamily units on property located at 1079 North Meridian Road in an RA-3,
Residential Apartment/Office 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 modified by these conditions. That the conditions
associated with this permit shall be met prior to occupancy of the buildings.
2. That the parking areas along the side yard setbacks be relocated to within 10 feet of the
property boundary and that a minimum of five feet of the setback area be landscaped with
live materials.
3. That the parking and circulation area for the proposed nine unit apartment complex be
redesigned to accommodate two way traffic with minimum 20 foot wide driving aisles or to
accommodate one way traffic with a minimum driving aisle of 12 feet.
4. That the landscaping of the site be coordinated with the City Parks and Recreation
Department and be completed prior to occupancy or adequately addressed otherwise. River
rock, gravel or other hard surface material is not an acceptable landscape product.
5. The proposal shall comply with the Kalispell Design and Construction Standards for water,
storm drainage, and other applicable facilities which shall be approved by the City Engineer
prior to the issuance of a building permit.
6. 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
Uniform Fire Code (1997) Appendix III -A.
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 Uniform Fire Code (1997)
Article 9.
Sidewalks shall be provided within the site in addition to those shown on the site plan along
the southern portion of the nine unit apartment complex, along the southern boundary of the
internal landscape island, along the western side of the 12 unit building and along any other
portion of the internal access areas to ensure a continuous pedestrian sidewalk throughout the
development.
8. Construction traffic shall be restricted to North Meridian Road for ingress and egress to the
site and shall not utilize Underhill Court or Arizona Street.
9. That bike racks be installed for each of the units that will accommodate a minimum of six
bicycles.
10. That a public transportation drop-off and pick-up area be coordinated through Eagle Transit
and developed on the site.
11. That a lighting plan be developed for the site that uses low level ighting that is hooded and
directed to the intended area and that does not impact adjoining properties.
12. Secondary access of proposed development onto Underhill Court be emergency ingress and
egress only; and such ingress and egress would need to be coordinated with Emergency
Services — i.e., Fire Department, Ambulance and Police.
13. 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 7th day of June, 2004.
Pamela B. Kennedy
Mayor
Tri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone:(406) 751-1850
Fax: (406) 751-1858
trieity@centurytel.net
May 21, 2004
Chris Kukulski, Citv Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit — Tim Calaway/Richard c&. Judith Mohrenweiser
Construct multi -family units in an RA-3 zoning district
Dear Chris:
The Kalispell City Planning Board met on May 11, 2004 and held a public hearing to
consider a request by Tim Calaway/Richard 8s Judith Mohrenweiser for a conditional
use permit to construct multi -family units in an RA-3 zoning district. The property is
located between Meridian Road and Highway 93, north of Underhill Court.
Narda Wilson, with the Tri-City Planning Office presented staff report KCU-04-4 and
evaluated the proposal. The staff recommended approval of the conditional use permit
subject to conditions.
During the public hearing Mr. Calaway explained their plans for the development and
his agreement for purchase of the property from Mr. Mohrenweiser. Three people from
the neighborhood to the southeast expressed concerns about impacts to their
neighborhood primarily related to traffic. One neighbor from the area spoke in favor of
the proposal stating he thought it was an appropriate use for the property.
After the public hearing, the board discussed the proposal and issues presented by the
neighbors. A motion was passed unanimously to forward a recommendation to the
city council that the conditional use permit be approved subject to the conditions
listed in Exhibit A and as amended by the planning board.
Please schedule this matter for the June 7, 2004 regular 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
Ji�'� ��_AJ
George Tayl�111/1
President
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia falls • City of Whitefish
Tim Calaway/Richard & Judith Mohrenweiser Conditional Use Permit
May 21, 2004
Page 2
GT/NW/ma
Attachments: Exhibit A (Conditions of Approval)
Staff report KCU-04-4 and application materials
Draft minutes 5/ 11/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Tim Calaway, Calaway Brothers, LLC, 365 Riverbend Road, Bigfork, MT
59911
Richard &, Judith Mohrenweiser, 611 Lower Valley Road, Kalispell, MT
59901
KALISPELL \TRANSMIT\2004 \KC U04-4 Calaway-Mohrenweiser.DOC
Tim Calaway/Richard & Judith Mohrenweiser Conditional Use Permit
May 21, 2004
Page 3
Exhibit A
Tim Calaway/Richard & Judith Mohrenweiser
Conditional Use Permit Conditions of Approval
Kalispell Planning Board
May 11, 2004
The Kalispell City Planning Board is recommending the following conditions to the
Kalispell City Council for the above referenced conditional use permit request. A public
hearing was held on this matter at the May 11, 2004 planning board meeting:
1. The proposal will be developed in substantial conformance with the approved
site plan and other application materials except as modified by these
conditions. That the conditions associated with this permit shall be met prior to
occupancy of the buildings.
2. That the parking areas along the side yard setbacks be relocated to within 10
feet of the property boundary and that a minimum of five feet of the setback
area be landscaped with live materials.
3. That the parking and circulation area for the proposed nine unit apartment
complex be redesigned to accommodate two way traffic with minimum 20 foot
wide driving aisles or to accommodate one way traffic with a minimum driving
aisle of 12 feet.
4. That the landscaping of the site be coordinated with the City Parks and
Recreation Department and be completed prior to occupancy or adequately
addressed otherwise. River rock, gravel or other hard surface material is not an
acceptable landscape product.
S. The proposal shall comply with the Kalispell Design and Construction
Standards for water, storm drainage, and other applicable facilities which shall
be approved by the City Engineer prior to the issuance of a building permit.
6. 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 Uniform Fire Code (1997) Appendix III -A.
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 Uniform Fire
Code (1997) Article 9.
7. Sidewalks shall be provided within the site in addition to those shown on the
site plan along the southern portion of the nine unit apartment complex, along
the southern boundary of the internal landscape island, along the western side
Tim Calaway/Richard & Judith Mohrenweiser Conditional Use Permit
May 21, 2004
Page 4
of the 12 unit building and along any other portion of the internal access areas
to ensure a continuous pedestrian sidewalk throughout the development.
8. Construction traffic shall be restricted to North Meridian Road for ingress and
egress to the site and shall not utilize Underhill Court or Arizona Street.
9. That bike racks be installed for each of the units that will accommodate a
minimum of six bicycles.
10. That a public transportation drop-off and pick-up area be coordinated through
Eagle Transit and developed on the site.
11. That a lighting plan be developed for the site that uses low level lighting that is
hooded and directed to the intended area and that does not impact adjoining
properties.
12. Secondary access of proposed development onto Underhill Court be emergency
ingress and egress onlv; and such ingress and egress would need to be
coordinated with Emergency Services - i.e., Fire Department, Ambulance and
Police.
13. 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.
TIM CALAWAY
REQUEST FOR CONDITIONAL USE PERMIT
TRI-CITY PLANNING OFFICE
REPORT #KCU-04-04
MAY 4, 2004
A report to the Kalispell City Planning Board and Kalispell City Council regarding a
request for a conditional use permit to construct a multi -family unit in an RA-3 zoning
district. A public hearing to review this request has been scheduled before the planning
board on May 11, 2004, in the Kalispell City Council Chambers. The planning board will
forward a recommendation to the city council for final action.
BACKGROUND INFORMATION:
A. Owner: Richard & Judith Mohrenweiser
611 Lower Valley Road
Kalispell, MT 59901
(406) 257-0758
Petitioner: Tim Calaway
Calaway Brothers, LLC
365 Riverbend Road
Bigfork, MT 59911
B. Size and Location: This parcel contains approximately 4.822 acres and is located
between Meridian Road and Hwy 93 north of Underhill Court and south of Three
Mile Drive. The property address is 1079 N. Meridian Road. There are several
parcels involved in this proposal that are from Meridian Road to US Highway 93 and
abut Underhill Court to the south. The property can be described as Parcels A & B
of Certificate of Survey 15239, and Tract 1 of Certificate of Survey 11786 in Section
7, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana.
C. Summary of Request: This is a request for a CUP (conditional use permit) to
construct several apartment buildings on property, in part proposed for rezoning.
Currently, two of the three parcels included in this proposal are zoned R-3, Urban
Single Family Residential, and a zone change has been filed concurrently with this
conditional use permit to change them to RA-3, Residential Apartment / Office, to
accommodate this proposal. Multi -family dwellings are listed as a conditionally
permitted use in the RA-3 zoning district.
Eight multifamily buildings are proposed that range in size from six to twelve units
each, for a total of sixty-seven dwelling units. As proposed, there are three units
with six dwellings each, two units with eight dwellings, one unit with nine dwellings
and two units with 12 dwellings, and a clubhouse of approximately 2,000 square
feet. The footprint of each building range in sizes from approximately 3,200 square
feet to approximately 5,000 square feet. The buildings would be two and three
stories in height with a height not to exceed the 40 foot height limit of the RA-3
zoning district. The property would be accessed from a new driveway off of Meridian
Road to the west and a secondary access from Underhill Court to the east.
D. Existing Land Use and Zoning: This property currently has an existing dwelling
KCU-04-4 Calaway
Page 1 of 7
located on Meridian Road and it appears that it would remain for a time. The
property consists of three parcels approximately five acres. Two of the parcels are
zoned R-3, Urban Single Family Residential, and the other is zoned RA-3,
Residential Apartment / Office. A zone change from R-3 to RA-3 has been submitted
concurrently with this conditional use permit application. RA-3, Residential
Apartment / Office, lists multi -family dwellings as a conditionally permitted use.
The density allowed under this zone is 7,000 square feet for the first duplex and
1,500 square feet for each additional unit. All of the buildings would be under the
40-foot height limit and all of the setbacks would need to be met.
E. Surrounding Zoning and Land Uses Zoning: This is a transitional area. Many of
the residential buildings on Meridian are being converted to commercial or business
uses. Additionally, US Highway 93 lies up an embankment to the northeast and
provides separation from the Health Care zoning on the other side. With the two
major traffic corridors to the cast and west, the site is less suited for single-family
uses than for multi -family or office type uses. This project is appropriate for this
location.
North: Single-family homes and offices, RA-3 and R-3 zoning
East: US Highway 93, H-1 zoning
South: Apartments and single family residential, RA-3 and R-3 zoning
West: Meridian Road; R-3 and R-5 zoning
F. Relation to the Growth Policy: The Kalispell Growth Policy 2020 recognizes this
area as suitable for Urban Residential development. Anticipated density would be
between three to twelve dwelling units per acre. Some limited office uses would also
be anticipated in these areas. Also, the Meridian Road corridor is planned for Urban
Mixed Uses, including offices, residential, and limited commercial and industrial
uses. The proposed apartments under consideration have a density of
approximately 14 dwelling units per acre (67 units / 4.8 acres).
It is a recommendation of the growth policy to include multi -family dwellings in
some areas designated as urban residential, depending on the character of the
surrounding neighborhoods and anticipated trends. The proposed project is in
general compliance with the land uses for this area and furthers the goals of the
plan by providing for a diversity of housing options in the community.
G. UtHities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Northwestern Energy Company
Electric:
Flathead Electric Cooperative
Phone:
CenturyTel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
KCU-04-4 Calaway
Page 2 of 7
EVALUATION OF THE REQUEST
The application is reviewed in accordance with the conditional use review criteria in the
Kalispell Zoning Ordinance.
1. Site Suitability:
a. AdeduateUseable, Space.: The site has adequate space to meet the zoning density,
setback and parking requirements as well as to provide for landscaping and
adequate circulation within the site. RA-3 zoning dictates a minimum lot size of
7,000 square feet plus 1,500 square feet for each unit beyond a duplex.
Therefore, the maximum density permitted on this 4.822 acre site would be 137
units. RA-3 zoning allows for up to 45% of the lot to be occupied by the principal
structures. 45% of 4.882 acres is over 95,000 square feet. The footprint of all the
buildings (including the clubhouse) will occupy approximately 29,215 square feet.
This proposal is well within the confines of the lot coverage limits.
The eastern portion of the property has slopes approaching 20%. Slopes of this
nature do not preclude development, but they will require more attention to
grading and design. The slopes also provide opportunities to use the terrain to
highlight views that may be scenic and screen views that may warrant obscuring.
b. Adequate Access: Access to the site is provided from Meridian Road to the west
and secondary access to Underhill Court to the east. These two points will
provide adequate access for regular service and emergency vehicles. Meridian
Road is a designated Minor Arterial in the Kalispell Growth Policy 2020. All
construction traffic should be directed to utilize Meridian Road.
Sidewalks are indicated on the southern side of the development from Meridian
Road to the west to Underhill Court to the east. Given the density and potential
pedestrian and vehicle traffic within the site, staff would recommend that
sidewalks be installed along the southern portion of the proposed nine unit
building, along the island between the nine unit and 12 unit building, along the
northernmost 12 unit building, and along the island to the east of the clubhouse
in order to provide some safe pedestrian access within the site.
c. Environmental Constraints- The site has some relatively steep slopes to the east
that appear to be approximately 20 percent with the site generally draining to the
southwest. No floodplain, surface water or wetlands are evident on the site. An
engineered drainage plan will be required to be submitted to the Kalispell Public
Works Department in conjunction with the building permit application. The
drainage plan must utilize on -site retention of storm -water. No significant
environmental constraints axe apparent on the property.
2. Appropriateness of design:
a. Parking and site circulation: Two and one-half spaces are required for each unit.
Therefore, one hundred sixty eight (168) parking spaces are required for the sixty
seven total units. The site plan shows 176 spaces on -site. The parking plan
utilizes a number of smaller parking areas scattered throughout the site. These
KCU-04-4 Calaway
Page 3 of 7
parking areas provide adequate access and turnaround areas with the exception
of the unit in the northernmost center of the site where the circulation around the
building does not accommodate two way traffic. Either this area will need to be
redesigned to a minimum 20 foot wide driving aisle to accommodate two way
traffic or a one way design will need to be developed.
Traffic circulation within the site is generally good, with two accesses from
Meridian Road and Underhill Court serving the project. There appears to be
adequate back-up space for the parking and turnaround areas. However, the
parking located near the eastern portion of the site may pose some challenges
because of the rather steep topography at approximately 20 percent or less.
Given that this is to be centrally located rental units, staff recommends installing
bicycle racks throughout the project. This will reduce the likelihood that common
areas, light poles and trees will be used as de -facto bike racks.
Section 27.26.030(d) does not allow parking in the side yard setback areas. The
RA-3 zoning has a minimum ten foot side yard setback requirement which affects
parking south of the clubhouse and the apartment complex in the northernmost
portion of the site. The parking areas at the perimeter of the site are five feet from
the property boundary and will need to be relocated to within 10 feet of the
property boundary.
b. Open ,Space: No specific open space requirements exist in the zoning regulations
for a development of this type. The zoning requirements for setbacks and lot
coverage have been met. Uniform Building Code may provide guidance on the
minimum space between structures. There is adequate space on the site to
accommodate landscaping and the proposed parking areas. A clubhouse is
proposed near the southeastern portion of the site that incorporates some green
space to the north that can be developed and used as a picnic and play area.
There are also two landscape islands within the site that assist with traffic
circulation and could be utilized as part of a drainage plan for the site.
c. Fencing creening/Landscaping: The site plan proposes landscaping throughout
the site, utilizing tall trees to mitigate the horizontal lines of the structures. This
will, in part, meet the zoning requirement for landscaping at least five percent of
the total parking lot area (KZO 27.26.030). Screening is proposed along the
parking lot for the clubhouse near the southeastern portion of the site.
d. Signs.: No specific dimensions or drawing of a sign was included with the
application. The application does state that small signs to identify the complex
and amenities would be used. 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. Some impact to the district
may be anticipated from the proposed apartment complex depending on the
demographics of the residents.
KCU-04-4 Calaway
Page 4 of 7
b. Parks and Recreation: Hawthorn Park is approximately '/4 mile west of the site.
Lawrence Park lies to the east approximately '/2 mile. The application states
tennis and volleyball courts and horseshoe pits would be provided. This will
serve to further minimize the impact to local parks.
c. Police: Police protection will be provided by the Kalispell Police Department.
The density associated with this project may require some additional patrolling
on the part of the police department. However, 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. The development will be required to meet the fire flow
requirements, access and building code requirements of the Uniform Fire Code
along with other specifications outlined by the fire marshal that would be
applicable to a building of this nature.
e. Water and sewer: Water and sewer requirements will be identified during
construction and be extended at the owners' expense. Water and sewer
services can be provided by the City of Kalispell without any significant impacts
to capacity. If main extensions are required, they must be designed in
accordance with Kalispell's Standards for Design and Construction.
f. Solid Waste: Common collection sites will be provided for each building, and
pick-up will be provided by the City. Enclosures will be utilized in accordance
with City requirements. Space exists to meet any necessary requirements for
this use.
g. Streets: Traffic generation from the development is estimated at 670 average
daily trips, based on estimates for housing in the Institute of Transportation
Engineers Trip Generation manual. Meridian Road is anticipated for
reconstruction to the west of this entrance which will increase the efficiency
and capacity of the roadway. There may be some impacts to Underhill Court
and Arizona Street as well with traffic exiting the site from the southwest. Both
of these roadways are local streets in generally good condition that currently
experience minimal amounts of non -local traffic. Eagle Transit can provide bus
service to the residents of the complex. A location which will allow Eagle
Transit to provide optimum service should be coordinated with that agency. A
drop-off and pick-up area can be provided within the site.
4. Neighborhood Impacts: Development and land use impacts of the proposal are
anticipated to be typical of other properties in the immediate neighborhood.
Traffic generation for an apartment complex could be significant. However, given
the traffic currently handled by Meridian Road, additional impacts to that
roadway would be insignificant. Impacts to Underhill Court and Arizona Street
may be more significant relative to the traffic that is currently in the area which is
primarily local neighborhood which has approximately 45 single family dwellings
in the immediate area. The multi -family development is not inconsistent with
other development in the immediate area with Meridian Court apartments
immediately adjoining this property to the south and west.
KCU-04-4 Calaway
Page 5 of 7
Except during construction, no significant impacts are anticipated from noise,
vibration, or dust. Staff would recommend that Meridian Road be used for
construction equipment to minimize impacts to the roads and neighborhoods
around Underhill Court and Arizona Street.
Some outdoor lighting is proposed on the parking lot. Staff recommends that the
lights be directed downward and shielded to prevent glare onto the neighboring
property. 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 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 received
no comments from neighbors on the proposal.
5. Consideration of historical use patterns and recent changes: The proposal is
compatible with the immediate area, where a mix of housing types is anticipated
and encouraged. This is in an area at the edge of the city's multi -family
residential area which has been developed as a mix of housing types. The zoning
is RA-3, Residential Apartment / Office, and the growth policy anticipates this
kind of development in the area. The proximity of this site to commercial services
makes this a suitable location of this type of development.
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.
Staff recommends that the planning board adopt the staff report #KCU-04-3 as findings
of fact and recommend to the Kalispell City Council that the conditional use permit be
approved subject to the following conditions:
1. The proposal will be developed in substantial conformance with the approved site
plan and other application materials except as modified by these conditions. That
the conditions associated with this permit shall be met prior to occupancy of the
buildings.
2. That the parking areas along the side yard setbacks be relocated to within 10 feet
of the property boundary and that a minimum of five feet of the setback area be
landscaped with live materials.
3. That the parking and circulation area for the proposed nine unit apartment
complex be redesigned to accommodate two way traffic with minimum 20 foot
wide driving aisles or to accommodate one way traffic with a minimum driving
aisle of 12 feet.
4. That the landscaping of the site be coordinated with the City Parks and
Recreation Department and be completed prior to occupancy or adequately
addressed otherwise. River rock, gravel or other hard surface material is not an
acceptable landscape product.
KCU-04-4 Calaway
Page 6 of 7
S. The proposal shall comply with the Kalispell Design and Construction Standards
for water, storm drainage, and other applicable facilities which shall be approved
by the City Engineer prior to the issuance of a building permit.
6. 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 Uniform Fire Code (1997) Appendix III -A.
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 Uniform Fire
Code (1997) Article 9.
7. Sidewalks shall be provided within the site in addition to those shown on the site
plan along the southern portion of the nine unit apartment complex, along the
southern boundary of the internal landscape island, along the western side of the
12 unit building and along any other portion of the internal access areas to
ensure a continuous pedestrian sidewalk throughout the development.
8. Construction traffic shall be restricted to North Meridian Road for ingress and
egress to the site and shall not utilize Underhill Court or Arizona Street.
9. That bike racks be installed for each of the units that will accommodate a
minimum of six bicycles.
10. That a public transportation drop-off and pick-up area be coordinated through
Eagle Transit and developed on the site.
11. That a lighting plan be developed for the site that uses low level lighting that is
hooded and directed to the intended area and that does not impact adjoining
properties.
12. 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.
alit
KCU-04-4 Calaway
Page 7 of 7
CALAWAY BROTHERS, LLC
365 RIVERBEND ROAD
BIGFORK, MT 59911
April 2, 2004
KALISPELL CITY PLANNING BOARD
Dear Members,
Our approach to this development was to find a piece of property that was close to the
employment center of the valley — with the hospital, sports complex, college and major
retailers in the Center Street Mall and now with the new development North of town, this
is a great location. People will be able to walk or bike to work.
My brothers and I are planning on building this with brick exterior and low maintenance
materials so they will always look good and retain their value. This is an investment we
are planning for our own retirements.
We hope you will agree with as that this site conforms to the growth policy and the
surrounding uses. This property is between two major roads, Highway 93 and Meridian
and is not suitable for single family homes.
Thank you,
Tim Calaway
Calaway Brothers
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, NIT 59901
Phone: (406) 751-1850 Fay (406) 751-1858
APPLICATION FOR CONDITIONAL USE PERMIT
CITY OF KALISPELL
q,
PROPOSED USE.
O WNER(S) OF RECORD:
Name: `� kokCa=C
Mailing Address: 14 11
City/State/Zip: —
7
r*-
Phone: 1?'
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name:' 1 t tr. V c, f rkw a
Mailing Address: �n i 1.t .e �
City/State/Zip: 01 4n.-zz - !� `I .`! Phone: ;1? r� €
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street q p Sec. Town- Range
Address: / �� l rAjv /` tk�fe �° a, No.ship D? (� No.
Subdivision Tract Lot Block
Name: No(sj. No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
�A 3
1 Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b.
Dimensions and shape of lot.
✓
C.
Topographic features of lot.
d.
Size(s) and location(s) of existing buildings
L-
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 folloudng 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.
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).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Tri-City Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
�� 17 e-
Applicant Signature D—a4
a. Traffic flow and control - 2 access points control traffic from Meridian Road to the west
and Underhill Court to the south.
b. Access is limited to two points and internal roads are efficient and minimal. Pedestrian
access will he provided throughout the development.
c. Off street parking throughout the property according to code. Parking at 2.5 per unit with
additional parking at the clubhouse area.
d. Two refuse areas near Meridian entrance and clubhouse. One service area near
clubhouse. Service/refuse areas will he provided for each unit — screen with wooden
fencing.
e. Utilities — each building will have public sewer & water with individual electric and gas
meters.
f. Exposed non view sides will be Iandscaped with taller trees to minimize the visual impact
and property lines next to residential areas will be planted with hedge row bushes.
g. Signs will be small and identify the address and name of the apartment complex, tennis
court and yard for volleyball and horseshoes will be near the clubhouse.
h. The height is less than 40', the length approximately 102' to 110', the width
approximately 40'.
Any open spaces that aren't roads or parking will be planted and maintained. There will
be tail deciduous and evergreens planted throughout to help break up the vertical lines of
the structures.
j. Hours of operation is typical residential.
k. Excessive noise will not be tolerated. Lights will be down light and emergency walkway
lighting. Dust, odors, fumes and vibration will be minimal.
Judi Funk
From: Tricity Planning Office [tricity@centurytel.net]
Sent: Tuesday, May 11, 2004 4:36 PM
To: jfunk@kalispell.com
Subject: Fw: Citizen absentee comment forKalispell city Planning Board
----- Original Message -----
From: "Diana Blend" <dianablend@montanasky.net>
To: <tricity@centurytel.net>
Sent: Tuesday, May 11, 2004 1:12 PM
Subject: Citizen absentee comment forKalispell city Planning Board
> Please forward this feedback to the Kalispell Planning Board for
> tonight's
> (5-11-04) meeting.
> As co-owner of the adjacent property at 1069 N. Meridian Rd.,
> Kalispell, I am commenting in favor of Mr. Calaway's request for a
> zoning change from
R3
> to RA-3 for the purpose of constructing apartments on the east side of
> N. Meridian, north of Underhill Court. I am also in support of his
> obtaining
a
> conditional use permit for the construction of those apartments. As a
> neighbor involved in a similar business, I believe Mr. Calaway's
> project will be an asset to the community and add to the pool of
> much -needed
rental
> housing. Please enter my comment into the record for tonight's meeting
since
> I cannot be there in person.
> Thank you.
>
> Diana Blend
> Vice -President
> dianablend@montanasky.net
> BLEND DESIGN & BUILD
> P.O. Box 7505
> 1069 N. Meridian Road
> Kalispell, MT 59904
> 406-752-5250 main office
No. 8129
NOTICE OF PUBLIC
HEARING
KALISPEL'_ Ci Y
PLANNING- BOARD
AND ZONING COM-
MISSICN
May a1.2004
The regular meeting of
the Kaiape ll Cav P!aI-
Ding Sparc and Zanind
Commission fs sched-
uled for Tuesday, May
�eCIa be ;oiling at
700 PM n - Kalispell
City Council Oleanders_
Kaiispeil City=.ail, 312
First Avenue East, ;Ka-
!ispeil. The planning:
board will hold a public
hearing and take public
comments on the follow-
ing agenda items. The
Board will make a rec-
ommenatoncr. to the Ka--
uspell C,y Council tirc
will take final action.
1..A request for a con-
ditional use permit to al-
low a community resi-
dential facility for wem-
cn on property zoned R-
2, Single Family Real -
central, as proposed by:
the Violence Free Crisis
Line- The home weulcC
provide transitional::
housing in a safe and
secure environment typ-ically to women ands..
children who are victims.
of domestic abuse -
Community residential;..
facilities for eight or few-
er people are listed as a:
conditionally permitted'
use in all residential dis-.
trials. Community real --
central facilities for eight:
or fewer people have an
exempt status under the=
state statutes and Ti
not be denied by the::
local government- The
propertywhere the use,
Is proposed is 150S
South Woodland Drive-
and can be described:
as :he south 20 feet at
Lot 2, Lots 3 and 4, and
he west 25 feet of the
north half of Lot 6 of
Duo Addition [coated.
n caption 17, Township.
28 North Range 21;
Nest. a M M., Fiatheaa
aunty Montana
_. A equest for a con--
Itlonal use permit to al -
ow for the constructions
r a 31lplex on a at
mien voula allow more
,n one nnc pal sire
re on Tfe propert
=d Tiow t,ensl
narnrent zanina ttis
i, urrentiv
-,clef on The 'ropenv
c.„tad at..SLioenv
._et And the audit crai
x racuires a c;ong:-
nl se permit. -
e `y s located --t
- '-nit Or _ibarty ;.treat
ne o Th side _T
„ac.., soperr an
:e esconed as
-. - e aaiclninc _0
firmer rlLnr
rp n i 'so-
.Ion ` einsnip
North. Range 22 VdesL
P.M.M.. Fathead Coun-
ty. Montana.
-3. A recutest 'or a con-
ditional use permit to al-
low the operation of a
day care center on
property zoned
Hearth Care, as pro-
posed by Immanuel W-
iheron Corporation. The
applicants are propos-
ing converting a single
family home into a day
are center for up to 10
children inat will operate
during the day Monday
through Friday. Day
care centers are listed
as a conditionally per-
mitted use in the H-t
zoning district. The
property address is 103
Crestfine Avenue and
can be described asAs-
sessors Tract 6K and
Lot 14, Block 2 Highland:
Park Subdivision !cost -
ad In Section 7, Town-
ship 28 North, Range 21
West, P.M.M.. Fathead'
County, Montana.
4. A request for a con-
ditional use permit to al
!ow an increase In
height for the Lowes:
Suiiaing from 45 feet 10
54 feet in an. B-5 i PUD
zoning district that Is:
can of the Spring Pralne
{Section 36) planned
unit development. The::,
property islocated at-'.
the southwest corner of
Hwy 93 and West Re-
serve Drive and can be
described as tabloid
mately 13.43 acres in
the NE4 NE4 SE4 NE4
of Section -16, Township.
29 North, Range 22.:
West. P.M.M., Fiathesia
County, Montana.
5. A request for a;
change in zoning. orq
several properties from4
R-3, Single Family Resi-
dential to RA-3, a Real
-
denial Apartment / Of-
fice district for the pur-
pose of constructingr.
apartments. The proper-
ties contain aph xI
merely `ive acres ;nit'
are located on the main.
side of North Meridian:
Road, north of Underhill::
Court. The properties-
are currently undevel-
oped and a condltlonaL
use permit for the oan-
ments ias been filed..
_oncurrertly Nit in ma --
zone changer quest.
1,oltemee can Ile is -
tanned d as-'acts2
:f rtl lcate Cf •-v
1 36 in Sec I
cvmsmp 28 North..
Ranee 21 West,
I rn.in.
equest for a con-
iit anal use aermit on
')roper )ro2osea for
bzpn no rpm .;in-..
ate --oily Re idonuai,
=p A Resloenval:
=,p rimer `CBlpe dame:
sor ne -u-pose of con-
t�oar'ments.
-h rtv : opt ins
IoDroitimaow rye' -S
STATE OF NIONI'AN A
FLAT HE AD COUNTY
AFFIDAVIT OF PUBLICATION
CHRIS SCHULDHEISS BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS TH
LEGAL CLERK OF THE DAILY ENTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION.
PRINTED AND PUBLISHED IN THE CITY OF
KAL.ISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO 9129
LEGAL ADVERTISEMENT WAS PRINTED AN
PUS LISHED IN THE REGULAR AND ENTIRE
ISSUE OF SAID PAPER, AND IN EACH AND
EVERY COPY THEREOF ON TEE DATES OF
APR 25, 2004
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE NIINIlVIUiM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SANIE SIZE TYPE AND PUBLISHED
FQ THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to before me t13rs"
AD. APR 26. 2004 1
Notary Pubiic for the State of Mon I aeg,apo
Residing in Kalispell
_VP" Commission 1a1mres 9/11_iof
and is located on the
east side of North Mer-
cian Road, north of Un-
derhill Court. The deve!-
Oder proposes bight do-
dvldual buildings that
would create a total of
.:c to 67 dweilinc units.
The properties can be
described as Parcel A &
5 of Certificate of Sur-
vey '-15239 and Tract 1
of Certificate of Survey
1786 in Section 7.
-Iowr:ship 28 North.
Range 21 West,
P.M.M.— Flathead Coun-
ty, Montana.
7. A request for pre -
plat approval of
Stratfcrc Village Phase
4. a 23 ]at residential
subdivision - 20 Town-
house lots and 3 single-
family lots — on appicc
innately 3.369 acres -TM
southwest Kaalispelf-al
the west end of Blue-
stone. The property is
zoned R-4, Two Family
Residential and is pan
of a 101 lot residentia,
subdivision. This wpulc
be the last of the subai-
vision phases. The
property can be descri-
bed as a portion of As
sessions Tracts 6L !coat
ad in Section 19. Town
ship 28 North, Range 21
West, P M.M., Forrest:
County, Montana.
8. An amendment tc
the Kalispell Zoning Or
chance initiated by the
City of Kalispell to ad
dress changes to Chap
ter 27.24, Sign Regula
tions. The proposer
amendments are the re
suit of work session:
held with the Kalispei
Planning Board and arc
intended to bring con
sistency to the ragula
tions, address tempora
ry signs and others an(
to streamline the an
forcement process.
Documents pertaining
to these agenda item
are on file for public in
sceptical at the -1 n-Cit
Planning Office 17 Sec
and Street East, Suit
21"i, Kalispell, M'
59901, and are Ovalle
his for public revie\
during regular offic
lours.
interested persons at
encouraged to atten
.he hearing and mak
heir views and car
erns known to in
Board Nntten corn
menu may be submi
Pit to h I City Plat
n ng t-iffice at, the abov
caress orior ,0 [n
into oI he leancO,
ou may tact Plarc
:Viiscn enior 'Ianm
t -06-1850 or -
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tnarc cs nrcvte
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boats P. lenfz
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