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06. Conditional Use Permit - Robert Lance & Kathryn PostenTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity a*centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Conditional Use Permit - Robert Lance & Kathryn Posten Construct an additional duplex in an RA-1 zoning district MEETING DATE: June 7, 2004 BACKGROUND: This is a request by Robert Lance &, Kathryn Posten for a conditional use permit to construct an additional duplex in an RA-1 zoning district. The Kalispell Zoning Ordinance requires a conditional use permit for multi -family dwellings in RA-1 zones and also requires a conditional use permit for more than one principal structure on a single parcel of land. There is currently a four-plex on the property. It is located on the north side of Liberty Street at its western terminus. Narda Wilson, with the Tri-City Planning Office presented staff report KCU-04-3 and evaluated the proposal. The staff recommended some modifications to the site plan by consolidating the driveways and parking lots, and granting the conditional use permit subject to conditions. The Kalispell City Planning Board met on May 11, 2004 and held a public hearing to consider this request. During the public hearing no one spoke either for or against the proposal for the additional duplex on the property. After the public hearing, the board discussed the proposal. A motion was passed unanimously to forward a recommendation to the city council that the conditional use permit be approved subject to conditions. 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 Lance / Posten May 25, 2004 Page 2 Respectfully submitted, Narda A. ilson Senior Planner Report compiled: May 25, 2004 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report #KCU-04-3 and application materials Draft minutes from 5/ 11/04 planning board meeting TRANSMIT\KALISPEL\2004 \KPP04-3MEM City of Kalispell R O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Robert Lance & Kathryn Posten 250 Mountain View Road Rexford, MT 59930 LEGAL DESCRIPTION: Lot 5, Liberty Village located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Low Density Residential Apartment, RA-1 The applicant has applied to the City of Kalispell for a conditional use permit to construct an additional duplex at 715 Liberty Street. The property already has a fourplex on it. The applicant would like to construct an additional duplex because 30 feet of Kinshella was abandoned which created enough area for the new duplex. 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 seven 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-04-3 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the construction of an additional duplex on property located at 715 Liberty Street in an RA-1, Low Density Residential Apartment 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 these conditions. That the conditions associated with this permit shall be met prior to occupancy of the buildings. 2. That the two driveways be consolidated into a single access utilizing the existing access point. Parking be relocated so that two additional spaces are placed in the existing parking lot and the handicapped space relocated near the buildings. 3. 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. 4. 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. 5. 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. The existing sidewalk shall be extended to the westernmost terminus of the property boundary. 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. STATE OF MONTANA ss County of Flathead Pamela B. Kennedy Mayor On this day of 2004 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 tricity@centurytel.net May 21, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - Robert Lance i, Kathryn Posten Construct an additional duplex in an RA-1 zoning district Dear Chris: The Kalispell City Planning Board met on May 11, 2004 and held a public hearing to consider a request by Robert Lance 8c Kathryn Posten for a conditional use permit to construct an additional duplex in an RA-1 zoning district. The Kalispell Zoning Ordinance requires a conditional use permit for multi -family dwellings in RA-1 zones and also requires a conditional use permit for more than one principal structure on a single parcel of land. There is currently a four-plex on the property. It is located on the north side of Liberty Street at its western terminus. Narda Wilson, with the Tri-City Planning Office presented staff report KCU-04-3 and evaluated the proposal. The staff recommended some modifications to the site plan by consolidating the driveways and parking lots, and granting the conditional use permit subject to conditions. During the public hearing no one spoke either for or against the proposal for the additional duplex on the property. After the public hearing, the board discussed the proposal. 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. 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 %J Geor e Taylo President Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Robert Lance & Kathryn Posten Conditional Use Permit May 21, 2004 Page 2 GT/NW/ma Attachments: Exhibit A (Conditions of Approval) Staff report KCU-04-3 and application materials Draft minutes 5/ 11/04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Art: Robert Lane & Kathryn Posten, 250 Mountain View Road, Rexford, MT 59930 KALISPELL\TRANSMIT\2004\KCU04-3 Lance-Posten.DOC Robert Lance & Kathryn Posten Conditional Use Permit May 21, 2004 Page 3 Exhibit A Robert Lance & Kathryn Posten 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 otherwise modified by these conditions. That the conditions associated with this permit shall be met prior to occupancy of the buildings. 2. That the two driveways be consolidated into a single access utilizing the existing access point. Parking be relocated so that two additional spaces are placed in the existing parking lot and the handicapped space relocated near the buildings. 3. 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. 4. 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. 5. 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. 6. The existing sidewalk shall be extended to the westernmost terminus of the property boundary. 7. 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. ROBERT LANCE AND KATHRYN POSTEN REQUEST FOR CONDITIONAL USE PERMIT TRI-CITY PLANNING OFFICE REPORT #KCU-04-3 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 an additional duplex unit in an RA-1 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. Petitioner/ Owner: Robert Lance & Kathryn Posten 250 Mountain View Road Rexford, MT 59930 (406) 253-3365 B. Size and Location: This parcel contains approximately 21,120 square feet and is located on the north side of Liberty Street, at its western terminus and the western most boundary of the city limits. The property address is 715 Liberty Street and can be described as Lot 5, Liberty Village in Section 12, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana. C. Summary of Request: This is a request for a CUP (conditional use permit) to construct an additional duplex unit in an RA-1, Low Density Residential Apartment, zoning district. There is an existing four-plex that would remain. A portion of Kinshella Road was abandoned, giving the lot an additional 30 feet. The footprint of the buildings is approximately 980 square feet and will be a two bedroom, two story building and approximately 23 feet 10 inches in height. The property would be accessed from a new driveway that would be from Liberty Street. Currently the property contains approximately one half acre. The access and parking are proposed at the southern end of the site and the apartments are at the mid to north end of the site. Kalispell Zoning Ordinance requires a conditional use permit for multi -family dwellings in RA-1 zones (KZO 27.09.030(11)). They also require a CUP for "R" zoned properties where there will be more than one principal structure on a single parcel of land (KZO 27.22.060). D. Existing Land Use and Zoning: This property currently has an existing four-plex that would remain near the eastern portion of the property which was constructed within the last eight years. The property has a zoning designation of RA-1, Low Density Residential Apartment, 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 beyond a duplex. The maximum density permitted on this 21,120 square foot site would be seven units. All of the buildings would be under the 35-foot height limit and all of the setbacks have been met. KCU-04-3 Lance-Posten Page 1 of 6 E. Surrounding Zoning and Land Uses Zoning: This area is generally multi -family residential in character along Liberty Street with apartments to the east and south, and undeveloped agricultural land to the west. This block provides a transition area between the more intensive uses located within the City to the east, and the undeveloped agricultural land to the west. North: Single-family homes, County R-1 zoning East: Apartments, City RA-i zoning South: Apartments, City RA-1 zoning. West: Vacant agricultural land; County R-1 zoning F. Relation to the Growth Policy: The Kalispell Growth Policy 2020 recognizes this area as suitable for High Density Residential development. Anticipated density would be between eight to 40 dwelling units per acre. Some limited office uses would also be anticipated in these areas. The proposed apartments under consideration have a density of approximately 12 dwelling units per acre. The proposed project is in 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. Utilities/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 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. Adequate Useable 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-1 zoning allows for up to 45% of the lot to be occupied by the principal structures (21,120 square feet x 45%= 9504 sfl. The footprint of the two buildings will occupy approximately 4,318 square feet. This proposal is well within those confines. The zoning ordinance does not have a specific requirement for setbacks between two principal structures. The site plan indicates a 10 foot setback between them. b. Adequate Access: Access to the site is by way of an existing City street, Liberty Street, a paved street with curb, gutter and sidewalk. The proposed duplex is to be accessed via a new driveway to the west. The new drive KCU-04-3 Lance-Posten Page 2 of 6 appears to be over 30 feet from the existing driveway that serves the four- plex. The staff would recommend that the access be consolidated into a single access off of Liberty at the existing entrance to avoid the potential of the new proposed access nearly adjacent to Kinshella should it be constructed in the future. C. Environmental Constraints- The site is generally level, and no floodplain, surface water or wetlands are mapped on the site. An engineered drainage plan will 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. Parking and site circulation: Fifteen parking spaces are required for the six total units at two and one-half spaces for each unit. The site plan shows 13 spaces on -site and two spaces to be located on the street. A second driveway is indicated on the site plan that provides access to the new apartments along the western property boundary from Liberty Street to the parking lot. As a note, the zoning ordinance does allow the overflow or guest parking to be located on the street. The staff is recommending that the parking be reconfigured to avoid the creation of additional access onto Liberty in the event that Kinshella is constructed in the future which would avoid having the second driveway nearly adjacent to a City street. It appears there is adequate space within the existing parking lot to the south to accommodate two additional parking spaces, but would require the removal of existing landscaping to accomplish this. The elimination of the second driveway would create space for one more on -street parking space. The reconfiguration of the access and parking would ultimately result in less overall paving and fewer problems in the future should Kinshella be built. Additionally, the handicapped parking space indicated on the site plan should be relocated as close as possible to the entrance of the building. Traffic circulation within the site is generally good, with two accesses from Liberty Street serving the two parking lots but can be improved with the consolidation of the two driveways into one driveway and the relocation of two parking spaces to the existing parking lot on the south end. One additional parking space will be permitted on the street. There is adequate back-up space for the parking and turnaround areas. An existing trash container is easily accessed and serviced. Circulation within the parking lot and in the area is generally good. b. Open mace. 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. The structures are to be at least 10 feet eave to property boundary. The configuration of the buildings creates a small courtyard area between them, but this area would not generally be considered open space per se. There is adequate space on the site to accommodate landscaping and the proposed parking areas. KCU-04-3 Lance-Posten Page 3 of 6 C. Fencing/,Screening/ .andscaninn : The existing entrance is nicely landscaped, and the site plan proposes limited landscaping around the front of the new building. The project will need to meet the zoning requirement for landscaping of at least five percent of the total parking lot area (KZO 27.26.030). Relocating the parking within an existing landscaped area will necessarily require removal of some vegetation, but will not create an additional space to the west for replacement landscaping. 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. A permit for the sign would be required. 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: Hawthorn Park is within easy walking distance of the site to the east approximately a quarter of a mile. 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 number and placement of fire hydrants will need to meet Uniform Fire Code requirements and be reviewed and approved by the fire marshal. A letter from the fire marshal has been included in this packet which states that the development must meet the fire flow requirements and access requirements of the Uniform Fire Code and that the buildings need to be clearly addressed from Liberty Street. e. Water and sewer: Water and sewer requirements will be identified during construction and be extended at the owners' expense. It does not appear that any main extensions will be needed to serve the development and that service can be taken from existing mains along Liberty Street. Water and sewer services can be provided by the City of Kalispell without any significant impacts to capacity. f. Solid Waste: Solid waste pick-up will be provided by the City. Existing 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 60 average daily trips, based on estimates for housing in the Institute of Transportation Engineers Trip Generation manual. Eagle Transit can provide bus service to the residents of the building. A location which will allow Eagle Transit to provide optimum service should be coordinated with KCU-04-3 Lance-Posten Page 4 of 6 that agency. A drop-off and pick-up area can be provided along Liberty Street. 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 a small apartment complex would be minimal. Except during construction, no significant impacts are anticipated from noise, vibration, or dust. 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. S. 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-1, Low Density Residential Apartment, and the growth policy anticipates this kind of development in the area. The proximity of this site to commercial services makes this an ideal 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 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 otherwise modified by these conditions. That the conditions associated with this permit shall be met prior to occupancy of the buildings. 2. That the two driveways be consolidated into a single access utilizing the existing access point. Parking be relocated so that two additional spaces are placed in the existing parking lot and the handicapped space relocated near the buildings. 3. 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. 4. 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. KCU-04-3 Lance-Posten Page 5 of 6 S. 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. 6. The existing sidewalk shall be extended to the westernmost terminus of the property boundary. 7. 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. NW/mdc KCU-04-3 Lance-Posten Page 6 of 6 Robert Lance & Kathryn Posten 250 Mountain View Rd. Rexford, MT 59930 (406) 889-5457 Cell #253-1066 April 2, 2004 Tri-City Planning Office 17 Second St. East, Suite 211 Kalispell, MT 59901 RE: Conditional Use Permit s APR 0 2 2004 TRI-CITY PLANNING OFFICE It is our intent to construct a duplex, (2) — two bedroom, one bath units on Lot 5, Liberty Village, 715 Liberty St., in addition to the existing fourplex of (4) — two bedroom, one bath units on this lot. The existing Lot 5 was enhanced by the abandonment of 30 feet from Kinshelia Road on the West boundary. This addition to the lot provides ample room for a duplex. Liberty Street, west of Hawthorn is an area of primarily multi -family buildings, from 4 to 36 units. Lot 5, Liberty Village is bounded on the east and south by multi- family buildings. To the west is a large tract of undeveloped pasture and to the north is a single family residence and commercial shop. We feel that the construction of this duplex will provide much needed housing on this city infrll lot with no undesirable effects to the neighborhood. Thank you for your consideration. Robe Lance 4 athryn Posten North, Range 22 West - No. 8129 P.M.M_ Flathead Cour- NC T ICE OF PUBLIC ty, Montana HEARING 3. A request for a con- KALISPEL_ 7iTY dltion al use permit to a PLANNING BOARD low the operation cf s AND ZONING COM- day care cents, on MISSION oroperty zoned H-", May 11, 20G4 Health Care, as pre - The regular meeting of po<_ed by Immanuel Lr the Kalispell City Plan- theran Corporation. The Ting Beard and Zoning applicants are propos- Commissicn Is sched- ing converting a single used for Tuesday, May family_ home into a day 11, 2004 beginning at care carter for up m 10 7:00 PM in the Kalispell children that will operate City Council Chambers, during the day Monday Kalispell City Nail, 312 through Friday. Day First Avenue East, Ka- care centers are listed ispell. The planning as a conditionally per- bcard will hold a public mitted use in the H-1 hearing and take public zoning district. The comments on the follow- oroperty address is 103. ing agenda items. The Crestline Avenue and. Board will make a rec- can be described as. As- ommendaut n to the Ka- sessors Tract 6K and ;ispell City Council .vho Lot 14, Block 2 Highland will take final action. Park Subdivision locat- 1.A request for a con- ditional use permit to al- - ad in Section 7, Town - low a community resi- ship 28 North. Range 21 dential facility for wpm- West, P.M.M., Flathead" an on property zoned R- County, Montana. 2, Single Family Rest- 4. A request for a con- denial, as proposed by aitionai use permit to at - the Violence Free Crisis low an increase in Line. The home would: height for the Lowes.` provide transitional budding from 46 feet to housing in a safe and.-. 54 feet in an B-5 eUD secure environment ryp-. zoning district that is;. part of the Spring Prairie. icaliy to women and children who are victims: (Section 36) planned!.% of domestic abuse...: unit development. Them. Community residential-. property is. located at''.. the southwest corner of facilities for eight or few- er people are listed as a: Hwy 93 and West Be - conditionally permitted t serve Drive and can be use in all residential dis- described as aoproxi:-I. trots. Community rest--. mately 13.43 acres in denial facilities for eight. the NE4 NE4 SE4 NE4-: or fewer people have an of Section 36, Township.'-- exempt status under the 29 North, Range 22. state statutes and cam- West, P.M.M., Flatheadtt not be denied by the:.. County, Montana. local government- The- 5- A request for a property where the user change in zoning. on; is proposed is 1505'. several properties from± South Woodland Drive. R-3, Single Family Resi- and can be described: dential to RA-3, a Resi- as The south 20 feet of dential Apartment r Of - Lot 2, Lots 3 and 4, and fice district for the pur-. the west 25 feet of the pose of constructing,q.. north half of Lot 6 of apartments. The proper- eDuc Addition located ties contain apprexi-- :.:? Section 1.7, Township. merely five acres and "8 North Range 21:: are located on the east,: West, P.M.M., Flathead side of North Meridian'. County, Montana Road, north of Underhill : 2. A request for a con-- Court. The properties 11tional use permit to at- are currently undevei- ow for the construction- aped and a conditional or a duplex on a lai use permit for the apart- rian would allow more ments has been filed.: pan one principal ruc concurrently wah the ' on the prOperiy zone change request.. T,ea RA-i. Low Cartel- - Properties can he de- oartmern zoninQ disscribed as Tracts 1 & 2 Certificate Of tey- iF . There is currenfiv a Of ?1 - 86 to Sectiz;l -, olex on he propery cr-toa at '.5 Llberrv, r -cwnsnip 28 North. ,:a '^ t and addition 9ange 21 Wesr, :ex duwr s a Iona can >s uesf for a co a M Mq - e lsrmit. '. . arfon i use parmrt an -_ene a sates -nit o oetil, Srr er proper v ?)rpp0580 i0r 'in, to he north slue t azomrg rom R -- sao he propene lTan :is lamily esig tial- ra -,A 3. a Residential ,e ,escribed as Wt 3 lao 'he licumn,lnd L0 y,artmenvoffice dlstrut -. i at 'critter rig f. >-, nor he purpose «,t son- ,av m me jeizT. In c- ion ,ownsnlo 8 _uucting ilcaflrrnells.. -Ile jForverry Toriiatils - an mxJma eiy f;ve --Crss STATE OF MONTANA FLATHEAD COUNTY Ar"FIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: TILAT SHE IS TH LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION PRINTED AND PUBLISHED INTHE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 3129 LEGAL ADVERTISEMENT WAS PRINTED AN. PUB LISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF APR 25, 2004 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED F9R THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to before me ths' AD. APR 26. 2004 Al �(� 3 �,Utwfa Notary Pubiic for the State of YIont4ji,,�✓, Residing in Kalispell My Commission e:1pires ) ; and is located on the east side of North Men - than Road. north of Un- derhill Court. The devel- oper proposes eight In- dividual buildings that would create a total of up to 67 dwelling units. The properties can as decoded as Parcel A & 3 at Cartiticate of Sur- vey -15239 and Tract of Certificate of Survey 7! 1786 in Section 7, Township 28 North, Range 21 West, P.M.M-. Flathead Coun- ty, Montana. 7. A request for pre- liminary plat approval of Stratford Village Phase 4, a 23 lot residential subdivision - 20 town- house lots and 3 single - amity lots — an apprnx- imately 3.369 acres di southwest Kalisoelf-ai the west end of Blue- stone. The property is zoned R-4, Two Family Residential and is part of a 101 lot residential subdivision. This would be the last of the subd vision phases. The property can be descri- bed as a portion of As - seasons Tracts 6L locat- ed In Section 19, Town- ship 28 North, Range 21 West, P.M.M., Flatheac County, Montana. 8. An amendment to the Kalispell Zoning Or- dinance initiated by the City of Kalispell to ad- dress changes to Chap- ter 27.24. Sign Regula. tions, The proposes amendments are the re- sult of work session: held with the Kabspel Planning Board and are intended to bring can sistency to the regula tions, address tempora ry signs and others anc to streamline the an forcemeat process. Documents pertain -I to these agenda item: are on file for public in spection at the Tri-City Planning Office, 17 Sec and Street East, Suite 2,1, Kalispell, Ml 99901, and are avails ble for public reviev during regular offic( hours. Interested persons are encouraged to attent the hearing and mak( heir views and can .,erns Known fa thi 3oard. Written cam meats may be submit _d to the City Plan ing Office at The above ddress pnoto th date Or The leaving, - iou may on -act Narc Nilson Senior PlannE -1.z06) ^t-t850-icore ,tvn ra rz',.enturvte et er lGilitional rya. a*ion ,-norms P..:antz irornas ,4. =enm iinnina Director . r)vI 5._00- Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED USE: zC)t- ` R( i Gt-\bN OWNER(S) OF RECORD: Name: Lp�N GC- Ka��1� Ct 1N �QST�N Mailing Address: ZSO MO'J. NkN (LO City/State/Zip: M1` SG0.3o Phone: 2S3-33e5S_ CK_P.LtlQEW PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: N At Mailing Address: City/ State/Zip: Phone: LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Address: 15 (-IQ T Sfi Sec. No. Town- ship Range No, 22 N Subdivision Uti((V!6 E Tract Lot Block Name:-16E(�T� No(s). No(s). J� No. 1. Zoning District and Zoning Classification in which use is proposed: C %" OF 9—A - l 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 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. 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 2 — -C'rfs-etc. t !� - ?Acj�s v WE- t-1 Ps s of ivt5* - (3. — Ptccej 1a �N Ceti cult torte w FN(v rN Dtio� �m1 r — G©©iD �3 oL--+ c (ZA.9lklti6 C") "Two S P&,�ct�S o� Srtv�Eci . o FC- K• CUm 6 AvvJDS C� PL&j t697 QuU< I.o ciyitDAj of ctY1Uch�tES - ~� ditL ���N } 1• �oc��loti Cyr. oPEr-j — P gL ScF �1 v�r i K, — {vcxS� t Lt6�t 1 1 O s'C C��?onS �u �Sy vtu� tcSU_ f NCA\-VA CZts o N�aAL Gcoti�.� a�S. �ISTi� I.hvFt Zo 5GK I I I I I 'o<K i�IW( GF15"ING 4B Vu0 5rx .� 6 uPrez� towee � 5(or &T,v �1 4 p, i[t05F-0 SraRS �Y � T , Pf.2KIN6 SPPGES ��. 8 \ 3 � 1- � � i -rHL` S�PE �GT1fllJIREP ' I j TD PRGVI�i 4iniplCH> Q o11 g sy 2 12 10 1 13 " P- ❑ IJ ' ten( GN IST.W �5�t.✓Y�C i l -mix 15TNG ".AWN 14 15 2ois �rt ��c� LIBERTY 3T 11 WEE UNTY R-1 5AF 4ASubject 4 5AE 1117% A .4 2-1 5AB il COUNTY R-1 2MA F7 F7 VICINITY MAP ROBERT LANCE & KATHRYN POSTEN CONDITIONAL USE PERMIT CONSTRUCTION OF A DUPLEX UNIT IN THE RA-1 LOW -DENSITY RESIDENTIAL APARTMENT DISTRICT '' TT PLOT DATE: 4/13/04 H TI ,74 TKCj C. 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