12. Conditional Use Permit - Rice & Terry - Mini Storage FacilityTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity*centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Conditional Use Permit - Mini Storage Facilities in B-2
William C. Rice / Ron and Merna. Terry
MEETING DATE: July 7, 2003
BACKGROUND: This is a request by William C. Rice on behalf of Ron and Merna
Terry to allow the construction of a mini -storage facility on property that will
ultimately contain approximately 1.58 acres. Concurrent with this proposal for a
conditional use permit for the mini -storage facility is a request for a change in zoning
from RA-1 to B-2 on approximately one-half acre adjoining this property to the south.
It is intended that the approximately one acre parcel that is currently zoned B-2,
General Business, and the approximately one-half acre parcel would be combined via
a boundary line adjustment and used for the min -storage facility. The remaining
eastern portion of the property to the south is proposed to be used for two triplex
dwellings and a conditional use permit for that proposal has also been filed in
conjunction with the zone change and the conditional use permit for the mini -storage
facility. The property is located between Third Avenue East and Fifth Avenue East
north of Ace Hardware and 18th Street East.
The property is in a B-2, General Business, zoning district. Mini -storage facilities are
listed as a conditionally permitted use in this zoning district and supplemental
regulations are outlined in the Kalispell Zoning Ordinance for this use that govern the
width of the driving lanes, screening and operation of the facility. As mentioned above
the applicant has applied to rezone an adjoining approximately one-half acre of
property from RA-1 to B-2 to be combined with an existing one acre parcel zoned B-2
for a total of approximately 1.54 acres to be used for the mini -storage facilities.
Currently this property is undeveloped. Access to the site would be through a private
road easement along the northern boundary of the Ace Hardware new parking lot and
warehouse. The project would likely be developed in three phases and will eventually
total somewhere around 140 units. The storage units would be managed by an off -
site manager whose office would be shared in the Birchwood Apartment complex to
the south. Security fencing would consist of a perimeter chain link fence around the
facility. The units would be approximately 12 feet in height and arranged in row that
are 20 to 30 feet wide. Ultimately the length of the mini -storage units would be about
300 feet once completed. The individual unit sizes would range from 8 by 10 feet to
10 by 30 feet in size. The facilities would be accessed from a new driveway off of Third
Avenue East via a private easement north of the Ace Hardware parking lot. Currently
the property contains approximately one acre. A zone change is proposed for the
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Kalispell Community Pool Conditional Use Permit
March 21, 2002
Page 2
western portion of the site that would be combined with adjoining property to the
north via a boundary line adjustment and used for a mini -storage facility to create a
total of approximately 1.54 acres. The remaining portion of the site to the east is
where the two triplexes are proposed.
This property is currently undeveloped and is zoned B-2, General Business, on
approximately one acre. The area of the property adjoining this to the south contains
approximately one-half acre and is undeveloped. It is currently zoned RA-1, Low
Density Residential Apartment, and is proposed for rezoning to B-2 and would be
combined with the property to the north for a total of approximately 1.54 acres. The
B-2 zoning regulations lists mini -storage units as a conditionally permitted use and
there are specific standards for their development in the Kalispell Zoning Ordinance
under the supplemental regulations section of the code.
This is a transition area between the intensive commercial uses to the west such as
the Outlaw Inn and retail establishments along Hwy 93 and the residentially
developed properties to the east.
The was some neighborhood opposition to the proposed mini storage facilities because
of the potential conflict with the nearby residents. The Kalispell City Planning Board
held a public hearing at their regular meeting of June 10, 2003. The board
considered the issues that were presented to them and the impacts other commercial
uses might have. A motion was made and passed on a unanimous vote to grant the
conditional use permit subject to the conditions recommended in the staff report.
RECOMMENDATION: A motion to approve the conditional use permit subject to
conditions would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
'Narda A. Wilson- Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 18, 2003
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter and Exhibit A (conditions of approval)
Staff report KCU-03-2 and application materials
Draft minutes from 6/10/03 planning board meeting
H: \FRDO \TRANSMIT\KALISPEL\2003 \KCU-03-2MEMO.DOC
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: William C. Rice
5733 Highway 93 South
Whitefish, MT 59937
Ron and Merna Terry
1505 Whalebone Drive
Kalispell, MT 59901
LEGAL DESCRIPTION: The west 189 feet of Assessor's Tract 5-5 and Assessor's Tract 5-2
located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana
ZONE: General Business, B-2
The applicant has applied to the City of Kalispell for a conditional use permit to allow a mini
storage facility to be built on 1.54 acres in a B-2, General Business zone.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
June 10, 2003, held a public hearing on the application, took public comment and recommended that
the application be approved subject to ten 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-03-2 as the Council's findings of
fact, and issues and grants to the above -described real property a conditional use permit to allow the
construction of a mini storage facility in a B-2, General Business zoning district subject to the
following conditions:
The proposal will be developed in substantial conformance with the approved site plan and
other application materials. That the conditions associated with this permit shall be met prior
to occupancy of the buildings. The development may be phased over a period of years
without affecting the approval process or the need to reapply for a conditional use permit
provided a continuous good faith effort to complete the project in a timely way is undertaken.
2. That the landscaping of the site be coordinated with the City Parks and Recreation
Department. A five-foot landscape buffer shall be placed around the perimeter of the site as
indicated on the site plan. Screening shall be provided along the property boundaries that
abut residentially zoned properties by maintainint rlaeing green metal slats chain link
fencing. Landscaping along the perimeter of the site that abut residentially zoned properties
shall consist of a mix of hardy evergreens of low, medium and high profile shrubs to mitigate
impacts associated with noise, dust and fumes and as required under the Kalispell Zoning
Ordinance.
3. The proposal shall comply with the Kalispell Design and Construction Standards for water,
water, storm drainage, and other applicable facilities which shall be approved by the City
Engineer prior to the issuance of a building permit.
4. The fire access and suppression system with regard to the location of the buildings, number
and placement of fire hydrants as well as related construction shall be reviewed and approved
by the Kalispell Fire Department.
5. All storage shall be kept within an enclosed building, except fossil fuel engines or storage
tanks or any boat or vehicle incorporating such components which shall be stored in screened
exterior areas. This provision shall not be interpreted to permit the storage of partially
dismantled, wrecked or inoperable vehicles.
6. The offering for sale or sale thereof of any item from or at mini -storage or recreational
vehicle storage facilities is expressly prohibited, except that the facility owner may hold
liquidation sales of contents of rental units to recover rental fees except as allowed by law.
7. The repair, construction or reconstruction of any boat, engine, motor vehicle or furniture and
the storage of any fossil fuel engine or fossil fuel storage tank or any boat or vehicle
incorporating such components is prohibited within any structure on a tract of land
designated as a mini -storage or recreational vehicle storage facility.
8. Parking shall be provided by parking 1 driving lanes adjacent to the storage unit. These lanes
shall be at least 26 feet wide when storage units open to one side of the lane only and at least
30 feet wide when storage units open onto both sides of the lane.
9. Security lighting shall be screened and shielded and directed in such a manner that the
lighting does not leave the site or otherwise impact adjacent properties.
10. 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 July, 2003.
Pamela B. Kennedy
Mayor
STATE OF MONTANA
ss
County of Flathead
On this day of 5 2003 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
tricit3 centurytel.net
www.tricityplanning-mt.com
June 18, 2003
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: William C. Rice / Ron and Merna Terry - Storage Units between Third Avenue
East and Fifth Avenue East
Dear Chris:
The Kalispell City Planning Board met on June 10, 2003 and held a public hearing to
consider a request by William Rice on behalf of Ron and Merna Terra for a conditional
use permit to construct allow the construction of a mini -storage facility that will
ultimately contain approximately 1.58 acres. Concurrent with this proposal for a
conditional use permit for the mini -storage facility is a request for a change in zoning
from RA-1 to B-2 on approximately one-half acre adjoining this property to the south.
It is intended that the approximately one acre parcel that is currently zoned B-2,
General Business, and the approximately one-half acre parcel would be combined via
a boundary line adjustment and used for the min -storage facility. The remaining
eastern portion of the property to the south is proposed to be used for two tri-plex
dwellings and a conditional use permit for that proposal has also been filed in
conjunction with the zone change and the conditional use permit for the mini -storage
facility. The property is located between Third Avenue East and Fifth Avenue East
north of Ace Hardware and 18th Street East.
Narda Wilson, of the Tri-City Planning Office, presented staff report KCU-03-2
evaluating the project. Wilson said the neighbors do not want a road between the
fence and the storage units and that the units would be ranged around the perimeter
of the site, with two rows of units in the center, in order to keep impacts to the
neighbors at a minimum. Staff recommended approval of the conditional use permit
subject to the conditions listed in the staff report.
At the public hearing, Bill Rice spoke in favor the saying he felt this project was a good
buffer between the commercial and residential uses in the area.
After the public hearing, the board discussed the proposal and public comment. A
motion was made and seconded to amend Condition #2 to remove the green metal
slats from the fence, which passed on a vote of 6 in favor and one in opposition. A
motion was then made and seconded to adopt staff report #KCU-03-2 as findings of
fact, which passed on a unanimous vote, to forward a recommendation to the city
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
William Rice / Ron 8v Merna Terry Conditional Use Permit - Mini -Storage Units
June 18, 2003
Page 2 of 4
council that the conditional use permit be granted subject to the amended conditions
outlined on attached Exhibit A.
Please schedule this matter for the July 7, 2003 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 Pl g B
a oz
Y
Presi n
GT/ sm
Attachments: Exhibit A (conditions of approval)
Staff report KCU-03-2 and application materials
Draft minutes 6/ 10/03 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: William Rice, Hwy 93 South, Whitefish MT 59937
Ron & Merna Terry, 1505 Whalebone Dr., Kalispell MT 59901
TRANSMIT\ KALISPEL \2003 \I{CU-03-2
William Rice / Ron 8s Merna Terry Conditional Use Permit - Mini -Storage Units
June 18, 2003
Page 3 of 4
EXHIBIT A
TRI-CITY PLANNING OFFICE STAFF REPORT #KCU-03-2
CONDITIONAL USE PERMIT FOR WILLIAM RICE / RON AND MERNA TERRY -
MINI -STORAGE UNITS
CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL CITY PLANNING BOARD
JUNE 10, 2003
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 June 10, 2003 planning board meeting:
1. The proposal will be developed in substantial conformance with the approved
site plan and other application materials. That the conditions associated with
this permit shall be met prior to occupancy of the buildings. The development
may be phased over a period of years without affecting the approval process or
the need to reapply for a conditional use permit provided a continuous good
faith effort to complete the project in a timely way is undertaken.
2. That the landscaping of the site be coordinated with the City Parks and
Recreation Department. A five-foot landscape buffer shall be placed around the
perimeter of the site as indicated on the site plan. Screening shall be provided
along the property boundaries that abut residentially zoned properties by
maintaining plaei g green metal slats i the chain link fencing. Landscaping
along the perimeter of the site that abut residentially zoned properties shall
consist of a mix of hardy evergreens of low, medium and high profile shrubs to
mitigate impacts associated with noise, dust and fumes and as required under
the Kalispell Zoning Ordinance.
3. The proposal shall comply with the Kalispell Design and Construction
Standards for water, water, storm drainage, and other applicable facilities
which shall be approved by the City Engineer prior to the issuance of a building
permit.
4. The fire access and suppression system with regard to the location of the
buildings, number and placement of fire hydrants as well as related
construction shall be reviewed and approved by the Kalispell Fire Department.
5. All storage shall be kept within an enclosed building, except fossil fuel engines
or storage tanks or any boat or vehicle incorporating such components which
shall be stored in screened exterior areas. This provision shall not be
interpreted to permit the storage of partially dismantled, wrecked or inoperable
vehicles.
William Rice / Ron 8s Merna Terry Conditional Use Permit - Mini -Storage Units
June 18, 2003
Page 4 of 4
6. The offering for sale or sale thereof of any item from or at mini -storage or
recreational vehicle storage facilities is expressly prohibited, except that the
facility owner may hold liquidation sales of contents of rental units to recover
rental fees except as allowed by law.
7. The repair, construction or reconstruction of any boat, engine, motor vehicle or
furniture and the storage of any fossil fuel engine or fossil fuel storage tank or
any boat or vehicle incorporating such components is prohibited within any
structure on a tract of land designated as a mini -storage or recreational vehicle
storage facility.
8. Parking shall be provided by parking / driving lanes adjacent to the storage
unit. These lanes shall be at least 26 feet wide when storage units open to one
side of the lane only and at least 30 feet wide when storage units open onto
both sides of the lane.
9. Security lighting shall be screened and shielded and directed in such a manner
that the lighting does not leave the site or otherwise impact adjacent properties.
10. 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.
be willing to put up a fence on the northern boundary.
PUBLIC COMMENT
Wendy Wayman, Fifth Avenue East. She sent a letter to
board members. Ms. Wayman wants the development to be
done that best fits the neighborhood. She feels the site plan
is flawed and development is too dense as it is. She stated
that she wants all parking to be on the south side in the
development itself (Birchwood Apartments side). She said
that all parking should be contained on the property, and
that Fifth is too busy and has no sidewalks or curbs. She
said there is very little usable open space for these
apartments and that the rear elevations facing the street
should not be allowed. She would like to reduce the density
by one or two dwellings.
No one else wished to speak and the public hearing was
closed.
MOTION
Atkinson moved and Anderson seconded to adopt staff report
KCU-03-1 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that a conditional
use permit be granted to William C. Rice to allow the
construction of two tri-plexes on approximately one acre of
property in the RA-1 zoning district.
BOARD DISCUSSION
Taylor asked about the site plan, and whether the two tri-
plexes are back to back or front to front.
Wilson answered that the rear elevation would be seen from
the street and that the contractor is the same one who built
the Birchwood Apartments.
MOTION (AMENDMENT)
Hull moved and Atkinson seconded an amendment to add
two conditions, one calling for a fence on the north side of
the property and one adding a waiver of protest for an SID on
Fifth Avenue East.
ROLL CALL (AMENDMENT)
The amended motion passed unanimously on a roll call vote.
DISCUSSION
There was no further discussion.
ROLL CALL (MAIN MOTION)
The main motion passed unanimously on a roll call vote.
RICE ZONE CHANGE
A request by William C. Rice, for Ron and Merna Terry, to
REQUEST
change the zoning designation from RA-1, Low Density
Residential Apartment to B-2, General Business on one-half
acre located between Third Avenue East and Fifth Avenue
East.
STAFF REPORTS
Narda Wilson, with the Tri-City Planning Office, gave a
KZC-03-1 AND KCU-03-2
presentation of staff report KZC-03- 1, a request to change
the zoning designation from RA- 1, Low Density Residential
Apartment to B-2, General Business, and KCU-03-2, a
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 18 of 23
request for a conditional use permit to construct a mini -
storage facility in a B-2, General Business, zoning district on
a one and one-half acre of property located between Third
Avenue East and Fifth Avenue East.
Wilson said that the applicant wants to rezone the east 1/-2
acre of this property where the tri plexes will be and combine
it with the existing 1 acre zoned B-2 to the north, and create
1 1/2 acres of B-2 zoning acres for a mini storage facility. The
applicant would do a boundary line adjustment so that there
are 1.6 acres combined. Wilson said that the land uses to the
north are undeveloped, single family, to the east are
residential RA-1, to the south are the Birchwood Apartments,
and to the west is vacant property and the Outlaw Inn. This
is a transition area between intensive commercial uses and
residential properties to the east. Wilson said that the
property owners within 150 feet were notified about two
weeks before the meeting, with one property owner sending a
letter with some concerns.
Wilson stated that the Growth Policy anticipates that this
area will be high density residential, which is a guideline and
is not the sole consideration for land use. She stated that the
high density residential designation can also accommodate
some limited commercial uses. This zone change would be in
substantial compliance with the anticipated development in
the area.
Wilson stated that there is one access to the site, which will
be a private road easement off Third Avenue East, which is
designated as a collector street. Third Avenue may warrant
additional upgrades as development takes place, but it is
adequate for now. Staff believes the zone change gives
reasonable consideration to the character of the area and is
in substantial compliance with the Growth Policy.
Wilson also spoke on the CUP request on the entire 1.6 acres
for mini storage units. She said that access would be via a
private road easement from Third Avenue East to the mini
storage facility. The road would be required to be paved and
meet fire code requirements for the Kalispell Fire
Department. Wilson mentioned that this site is not
designated as having hydric soil or being in the flood plain,
but it is prone to flooding.
Wilson stated that because there is no on -site manager,
there are no off street parking requirements, but there are
specific standards for roads. The driving lane must be at
least 30 feet wide when storage units face each other, and 26
feet wide if there is only one unit. Wilson said that there are
no open space requirements, but there are screening
requirements between residential properties and mini storage
units.
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 19 of 23
Wilson said that on the new site plan, the mini storage backs
directly up to the neighbor's property boundary. She said
that the neighbors did not want a road between the fence
and the storage units. She said that units would be ranged
around the perimeter of the site, with two rows of units near
the center of the site, in order to keep impacts to the
neighbors minimal. There will only be a need for water and
electricity and would not need sewer. There would only be
moderate impacts to traffic, the whole site would be
screened, and an off -site manager would be located in the
Birchwood Apartments.
Wilson said that the properties to the west on Third have
been historically used commercially, and to the east have
been used as residential. She said that there will be
moderate impacts compared to some other commercial uses,
with insignificant impacts on commercial properties in the
area. The residential impacts are generally unknown, but the
area had been designated as commercial even under the
Master Plan.
Wilson said that there are 10 conditions listed in the staff
report, and offered the revised site plan which replaces the
plan submitted with the application. She said that some of
the conditions are right out of the zoning ordinance.
PUBLIC HEARING The public hearing was opened to those who wished to speak
I on the issue.
APPLICANTS/AGENCIES Bill Rice, 155 East Nicholas. Mr. Rice stated that some of the
allowable uses in the B-2 zoning would have high impacts on
the neighbors. He feels that this project is a good buffer
between commercial and residential, and the plan is to phase
it in as the market warrants. He stated he has no plans for
RV or boat storage, and he redid the layout to provide more
of a screen buffer for the neighbors. He said that lighting is a
concern, and he may not add a lot of lighting due to after
hours use and crime. He said that the center units will be
gabled, and the outside units will have a shed roof.
Mr. Rice stated that one neighbor did not want green metal
slats in the chain link fence. He said that he will leave the
security lighting in if necessary, and he will have a security
gate with an electronic code.
Hull asked if it was primarily designed to serve the
apartments nearby. Rice answered it would serve the
apartments and the whole south end of Kalispell.
PUBLIC COMMENT Wendy Wayman, who spoke of her concerns with changes to
the neighborhood. She asked for additional conditions of
approval, including no driving lane between the eastern units
and the fence. She would like it to be entirety landscaped,
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 20 of 23
with the mature tree on the site remaining. She would like to
see screening provided by fencing and landscaping, with no
slats in the fence, and would like the units to have a
residential appearance rather than a commercial
appearance. She asked how much fill will be necessary
behind the property line? Ms. Wayman had a statement that
she wanted entered into the record.
Stan Boyer, who has lived in the area for 50 years. He said
that at one time the property was a lake, so the area will
have to be built up considerably, and that ground water sits
after a heavy rain. He stated that since the back side of the
units face residences, they will need to have compatible
siding.
No one else wished to speak and the public hearing was
closed.
Taylor read the neighbors' petition into the record. It states
as follows:
"We, whose signatures appear on the attached pages, are
opposed to the residential to commercial zone change
proposed in our neighborhood. There is already an
abundance of commercially and industrially zoned land in
the Kalispell planning area. There is no need to create
additional commercial land at the expense of an established
residential neighborhood like ours." Signatures follow.
MOTION
Atkinson moved and Johnson seconded to adopt staff report
KZC-03-1 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the zoning
designation be changed from RA-1, Low Density Residential
Apartment, to B-2, General Business on one-half acre on
property located between Third Avenue East and Fifth
Avenue East.
BOARD DISCUSSION
Taylor asked if shrubs or screening were still planned in the
area on the east side of the mini storage.
Wilson answered that it is a requirement in the zoning
ordinance. The shrubs would have to be three feet at
planting and grow to six feet in three years. The plan
indicates a five foot landscape along the perimeter.
Atkinson asked if the entrance from Third Avenue will be
paved, and if there will be overhead lighting.
Wilson answered that everything will be paved, and that
security lighting is addressed in Condition 9.
Atkinson asked about Fourth Avenue East, and if there was
a plan to make it go any further.
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 21 of 23
Wilson stated that it was a half right of way, with all of the
lots created by strange exemptions. She said that it was not
part of the Kalispell Subdivision to the North, that they are
just driveways that go down to little lots.
Taylor noted that the site plan shows everything to the west
is already commercial, including Western Building and the
Outlaw Inn. There are also tri-plexes in the area and that it
is an area in transition.
Norton wanted to note that this area is appropriate for the B-
2 zoning designation because 3/4 of this development is
already in B-2 zoning.
ROLL CALL
The motion passed unanimously on a roll call vote.
RICE CONDITIONAL USE
A request by William C. Rice, for Ron and Merna Terry, for a
PERMIT REQUEST
conditional use permit to allow the construction of a mini -
storage facility located between Third Avenue East and Fifth
Avenue East.
MOTION
Atkinson moved and Johnson seconded to adopt staff report
KCU-03-2 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that a conditional
use permit be granted to allow the construction of a mini -
storage facility on property located between Third Avenue
East and Fifth Avenue East.
DISCUSSION
Atkinson asked how much the land would need to be built
up relative to the area.
Rice answered that they don't want to be highest or lowest
piece of ground, they don't want draining to the neighbors
and don't want the neighbors draining to them. The old tree
is about 14 feet from the fence and they would like to try to
keep it.
Norton asked Wilson if the area was in the flood plain.
Wilson answered that it is not in the flood plain, but there is
no good storm water system there. She said that once
Highway 93 gets reconstructed, it should be better. The
applicant may need to create a larger storm water retention
area in order to get the density they want.
MOTION (AMENDMENT)
Norton moved and Atkinson seconded to amend Condition 2,
to remove the green metal slats from the fence.
ROLL CALL (AMENDMENT)
The motion passed 6-1 on a roll call vote.
Wilson addressed some of the neighbors concerns. She
stated that perimeter landscaping would be part of the
building permit sign off, and would need to be completed
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 22 of 23
prior to occupancy. She stated that the phasing is done on a
time limit of 18 months, and the developer needs to be show
a continuous good faith effort, otherwise the permit expires.
ROLL CALL (MAIN MOTION)
The main motion passed unanimously on a roll call vote.
OLD BUSINESS
There was no old business.
NEW BUSINESS
Wilson asked for a work session for June 17 to discuss the
work program. She stated that they completed a lot of the
items on their work program, particularly the Growth Policy.
Hull requested that sidewalks and trailers be on the work
session.
ADJOURNMENT
The meeting was adjourned at approximately 11:30 p.m. The
next meeting of the Kalispell City Planning Board and Zoning
Commission will be held on Tuesday, July 8, 2003.
Gear e T.-Obr , Preside
�'
Judi Funk
Recording Secretary
APPROVED as submitted/ corrected: -/-/03
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 23 of 23
WILLIAM C. RICE / RON AND MERNA TERRY
REQUEST FOR CONDITIONAL USE PERMIT
TRI-CITY PLANNING OFFICE
REPORT #KCU-03-2
JUNE 2, 2003
A report to the Kalispell City Planning Board and Kalispell City Council regarding a
request for a conditional use permit to construct a mini -storage facility in a B- I zoning
district. A public hearing to review this request has been scheduled before the planning
board on June 10, 2003, 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: William C. Rice
5733 Hwy 93 South
Kalispell, MT 59901
(406) 863-9925
Ron and Merna Terry
1505 Whalebone Drive
Kalispell, MT 59901
(406) 755-7516
B. Size and Location: The property proposed to be used for the mini -storage facility
will ultimately contain approximately 1.58 acres. Concurrent with this proposal
for a conditional use permit for the mini -storage facility is a request for a change
in zoning from RA-1 to B-2 on approximately one-half acre adjoining this property
to the south. It is intended that the approximately one acre parcel that is
currently zoned B-2, General Business, and the approximately one-half acre
parcel would be combined via a boundary line adjustment and used for the min -
storage facility. The remaining eastern portion of the property to the south is
proposed to be used for two triplex dwellings and a conditional use permit for that
proposal has also been filed in conjunction with the zone change and the
conditional use permit for the mini -storage facility. The property is located
between Third Avenue East and Fifth Avenue East north of Ace Hardware and 18th
Street East. The property can be described as a portion of Assessor's Tract 5-5
and Assessor's Tract 5-2 located in Section 17, Township 28 North, Range 21
West, P.M.M, Flathead County, Montana.
C. Summary of Request: This is a request for a conditional use permit to construct
a mini -storage facility in a B-2, General Business, zoning district. Mini -storage
facilities are listed as a conditionally permitted use in this zoning district and
supplemental regulations are outlined in the Kalispell Zoning Ordinance for this
use that govern the width of the driving lanes, screening and operation of the
facility. As mentioned above the applicant has applied to rezone an adjoining
approximately one-half acre of property from RA-1 to B-2 to be combined with an
existing one acre parcel zoned B-2 for a total of approximately 1.54 acres to be
used for the mini -storage facilities. Currently this property is undeveloped.
Access to the site would be through a private road easement along the northern
boundary of the Ace Hardware new parking lot and warehouse. The project would
likely be developed in three phases and will eventually total somewhere around
140 units. The storage units would be managed by an off -site manager whose
office would be shared in the Birchwood Apartment complex to the south.
Security fencing would consist of a perimeter chain link fence around the facility.
The units would be approximately 12 feet in height and arranged in row that are
20 to 30 feet wide. Ultimately the length of the mini -storage units would be about
300 feet once completed. The individual unit sizes would range from 8 by 10 feet
to 10 by 30 feet in size. The facilities would be accessed from a new driveway off
of Third Avenue East via a private easement north of the Ace Hardware parking
lot. Currently the property contains approximately one acre. A zone change is
proposed for the western portion of the site that would be combined with
adjoining property to the north via a boundary line adjustment and used for a
mini -storage facility to create a total of approximately 1.54 acres. The remaining
portion of the site to the east is where the two triplexes are proposed.
D. Existing Land Use and Zoning: This property is currently undeveloped and is
zoned B-2, General Business, on approximately one acre. The area of the
property adjoining this to the south contains approximately one-half acre and is
undeveloped. It is currently zoned RA- 1, Low Density Residential Apartment, and
is proposed for rezoning to B-2 and would be combined with the property to the
north for a total of approximately 1.54 acres. The B-2 zoning regulations lists
mini -storage units as a conditionally permitted use and there are specific
standards for their development in the Kalispell Zoning Ordinance under the
supplemental regulations section of the code.
E. Surrounding Zoning and Land Uses Zoning: This is a transition area between
the intensive commercial uses to the west such as the Outlaw Inn and retail
establishments along Hwy 93 and the residentially developed properties to the
east.
North: Single-family homes, RA-1 zoning
East: Single-family residences, RA-1 zoning
South: Apartments, RA-1 zoning.
West: Vacant, hotel and retail uses; B-2 zoning
F. Relation to the Growth Policy: The Kalispell Growth Policy 2020 recognizes this
area as suitable for Commercial development on the area already zoned B-2 and
High Density Residential in the area proposed for rezoning. The growth policy
encourages compact expansion of existing commercial areas rather than the
creation of new commercial districts. The proposed project is in compliance with
the land uses for this area and furthers the goals of the plan by providing for the
development and expansion of commercial uses within established areas.
G. Utilities/ Services:
Sewer service:
City of Kalispell
Water service:
City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Montana Power Company
Electric:
Flathead Electric Cooperative
Phone:
CenturyTel
Vd
Police: City of Kalispell
Fire: Kalispell Fire Department
Schools: School District #5, Kalispell
FAT4VkW.Vir*TkW9) RE P& 152 R MHM'
The application is reviewed in accordance with the conditional use review criteria in the
Kalispell Zoning Ordinance.
IM
2.
Site Suitability:
a. Adequate Useable Space: The site has adequate space to meet the zoning
setbacks, driving aisles, perimeter landscaping and fencing and there is
adequate circulation within the site.
b. Adequate Access: Access to the site would be by way of a private easement
from Third Avenue East along the northern boundary of the Ace Hardware
property. This would be a privately owned and maintained access that
would be subject to fire department approval, but would not be subject to
roadway standards. In essence the access functions as a driveway and
would be paved in accordance with the City's driveway and parking lot
standards. This access would require a new approach onto Third Avenue
East. There would be no alternate or through access to the site. Access to
the site is generally adequate.
C. Environmental Constraints- The site is generally level, and no floodplain,
surface water or wetlands are mapped on the site. There are hydric soils in
this general area and some parts of this neighborhood is prone to flooding
during large storm events. With the upgrading of Hwy 93 the stormwater
management system in the area will be improved. However, all of the
stormwater associated with this site will be required to have a drainage
plan that incorporates the on -site retention of stormwater. No significant
environmental constraints are apparent on the property.
Appropriateness of design:
a. Parking and site circulation: Because there will be no on -site manager for
this facility, there are no off-street parking requirements. There are specific
requirements for the location of the buildings and circulation within the
site. These requirements can be found under Section 27.35.090 of the
Kalispell Zoning Ordinance. Driving lanes are required to be at least 26
feet wide when storage units open to one side of the lane only and at least
30 feet wide when storage units open onto both sides of the lane. The plan
indicates that those specifications have been met. However, perimeter
landscaping may need to be put in place to capture stormwater runoff
which may require that the design be somewhat modified. Circulation
within the site is generally good.
b. Open Space: No specific open space requirements exist in the zoning
regulations for a development of this type other than the setbacks. The
zoning requirements for setbacks and lot coverage have been met.
3
C. Fencing I Screening I Lan dscaping: The site plan proposes perimeter chain
link fencing and 'a five foot landscape buffer. The notes from the
application indicate a gravel ground cover and tall shrubs. However, there
needs to be adequate screening between the mini -storage facility and the
residentially zoned and developed properties to the east. The specific
requirements of the zoning ordinance specify that the landscaping material
consist of hardy evergreen materials consisting of trees, low -medium -and
high profile shrubs, together with suitable groundcover. Depending on the
specific preferences of the neighbors additional screening could be required
by the planning board in the form of a slatted fencing to create a visual
barrier as well as a vegetative buffer that will help to mitigate noise, dust
and exhaust fumes.
a. Signa: No specific dimensions or drawing of a sign was included with the
application. A permit for any signage associated with the property would
be required.
3. Availability of Public Services/Facilities:
a. Schools: This site is within School District #5. There will be no impact to
the school district anticipated from this commercial development.
b. Parks and Recreation: Impacts to the parks to the 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
commercial use.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the
proposed use. All of the construction will be required to meet the Uniform
Fire Code 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. Hydrant placement and location
will also be reviewed and approved by the fire marshal and if additional
hydrants need to be installed they will be at the developers' expense.
e. Water and sewer: Water and electricity will be required for the on -going
operation of the mini -storage facility, but sewer will not be needed since
there will be no on -site manager or other facilities that would require
wastewater treatment. There is a hydrant in the immediate area to the
south of the site and the extension of a water main and additional hydrants
may be necessary. There will be no significant impacts to the City water
service capacity.
f. Solid Waste: Solid waste pick-up will be the responsibility of the individual
tenants who rent units within the facility and the applicant does not intend
to provide solid waste removal services.
M
9- Streets: Traffic generation from the development is to be relatively
moderate in relation to the other types of uses that are permitted in the B-2
zoning district. Traffic impacts generated from this site will be experienced
as a moderate increase in traffic on Third Avenue East, a collector street
which currently experiences high volumes of local and area traffic. Third
Avenue East is a City street that does not have curb, gutter or sidewalk in
this area. It is in otherwise fair condition.
4. Neighborhood Impacts:
Development and land use impacts of the proposal are anticipated to be generally
of the same level as other commercial development that might be anticipated in
this zoning district. There will be three residential properties that will be most
significantly impacted by this development; two properties to the east and one to
the north. One of the properties to the east is proposed for development with two
triplex units by the same applicant / developer. The other properties to the east
and to the north will be most impacted visually by the development as well as
traffic. However, some of those impacts can be mitigated through fencing,
screening and buffering. A notice of public hearing was mailed to property owners
within 150 feet of the site approximately 15 days prior to the hearing. The
property owner directly to the east of this site came into the office and expressed
concerns about impacts from the traffic, visual impacts, noise, odors from exhaust
and security lighting. Those concerns have been attempted to be addressed in the
conditions of approval.
5. Consideration of historical use patterns and recent changes: The properties
along Third Avenue East have historically been used commercially. This
particularly property is an "interface zone" between the intensely developed
commercial properties to the west and the residentially developed properties to
the east. The properties to the east are residentially developed with single-family,
duplex and multi -family dwellings. Considering the location of this property and
other potential uses, it seems that this type of a development would have
moderate to limited impacts on the residential uses it is adjacent to while it will
have no impacts on other commercial development in the immediate area.
6. Effects on property values: The mini -storage development will have
insignificant impacts on commercial properties in the area and will contribute to
the economic vitality of the immediate area. Impacts on the residentially
developed properties is generally unknown, however, property owners in the
immediate area have known that they interface with commercially designated
areas and should anticipate the impacts associated with commercial uses.
Staff recommends that the planning board adopt the staff report #KCU-03-2 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. That the conditions associated with this
permit shall be met prior to occupancy of the buildings. The development may be
I
phased over a period of years without affecting the approval process or the need to
reapply for a conditional use permit provided a continuous good faith effort to
complete the project in a timely way is undertaken.
2. That the landscaping of the site be coordinated with the City Parks and
Recreation Department. A five-foot landscape buffer shall be placed around the
perimeter of the site as indicated on the site plan. Screening shall be provided
along the property boundaries that abut residentially zoned properties by placing
green metal slats in the chain link fencing. Landscaping along the perimeter of
the site that abut residentially zoned properties shall consist of a mix of hardy
evergreens of low, medium and high profile shrubs to mitigate impacts associated
with noise, dust and fumes and as required under the Kalispell Zoning
Ordinance.
3. The proposal shall comply with the Kalispell Design and Construction Standards
for water, water, storm drainage, and other applicable facilities which shall be
approved by the City Engineer prior to the issuance of a building permit.
4. The fire access and suppression system with regard to the location of the
buildings, number and placement of fire hydrants as well as related construction
shall be reviewed and approved by the Kalispell Fire Department.
5. All storage shall be kept within an enclosed building, except fossil fuel engines or
storage tanks or any boat or vehicle incorporating such components which shall
be stored in screened exterior areas. This provision shall not be interpreted to
permit the storage of partially dismantled, wrecked or inoperable vehicles.
6. The offering for sale or sale thereof of any item from or at mini -storage or
recreational vehicle storage facilities is expressly prohibited, except that the
facility owner may hold liquidation sales of contents of rental units to recover
rental fees except as allowed by law.
7. The repair, construction or reconstruction of any boat, engine, motor vehicle or
furniture and the storage of any fossil fuel engine or fossil fuel storage tank or any
boat or vehicle incorporating such components is prohibited within any structure
on a tract of land designated as a mini -storage or recreational vehicle storage
facility.
8. Parking shall be provided by parking / driving lanes adjacent to the storage unit.
These lanes shall be at least 26 feet wide when storage units open to one side of
the lane only and at least 30 feet wide when storage units open onto both sides of
the lane.
9. Security lighting shall be screened and shielded and directed in such a manner
that the lighting does not leave the site or otherwise impact adjacent properties.
10. 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.
II
♦W 3111 111 1:4 9041
Randy Brodehl - Fire Chief
Jim Stewart - Assistant Chief/Fire Marshal
H- . a - jk • • a
FROM: JIM STEWART, FIRE MARSHAL
DATE: JUNE 2, 2003
�6191 0 15111
312 First Avenue East
Kalispell, Montana 59901
(406) 758-7760
FAX: (406) 758-7952
We have reviewed the information submitted on the above -referenced project and have
the following comments.
1. 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 111-A.
2. Fire hydrants shall be provided per City specifications at locations approved by
this department, prior to combustible construction.
3. Fire department access shall be provided in accordance with Uniform Fire Code
(1997) Article 9.
4. Provisions shall be made to clearly indicate the address of the complex, visible
from 3rd Avenue East.
Please contact me if you have any questions. I can be reached at 758-7763.
"Assisting our community in reducing, preventing, and mitigating emergencies. "
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 c
OWNER(S) OF RECORD:
Name: -7�V-Rir'
Mailing Address: (5OS' WWj4,LQbjj1P- -Z*-
City/State/Zip: LA Sit 4t t Phone:
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
M14 'V Name: AM
Mailing Address: 67e;�
City/ State/Zip:���
00
Phone: r--
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
rA A
-3—" MCI
Street -A Sec. Town- Range
Address: Apoz 6LA No. 1-7 ship -21 V No. -
Subdivision Tract
Name: No(s),
TOY-JK Yr-/jtV0-Z fO-AVL
Lot Block
No(s). No.---
L• -a. L'74T 3a-AV1 F-3
1. Zoning District and Zoning Classification in which use is proposed:
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.
9- Proposed use(s) of structures and open areas.
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.
E
Screening and buffering.
9.
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.
Applicant Signature Dat
N
The general purpose of this request is to change lot 5-5 to allow the back one half to undergo a
boundary line adjustment and be incoorpo* rated into the property to the west. This portion Will
then be changed to B-2 zoning and storage units built on the back half of 5-5 and lot 5-2 to the
north. The house on the easterly half fronting on 5' Ave east will be moved and replaced with a
4-plex.
a) Traffic Flow:
Ingress and egress will be off 3' Ave. E via an easement across Western Ace property
b) Access and circulation:
Traffic use flow will be in a circular loop through the units
c) Off street parking:
There will be none, the use doesn't require off street parking. The office will be shared with
Birchwood Apts adjacent to the south.
d) Refuse and service area:
Unit renters will be responsible for removing their items or garbage
e) Utilities:
The only utilities required is electricity and water. They will come from 3rdAve E. The
electricity will operate the security gate and lighting, water for irrigation of the shrubs.
f) Screening and buffering:
There will be a perimeter chain fink fence and a 5 foot landscaped buffer. The landscaping
will consist of gravel ground cover and tall shrubs.
g) Signs, yards, open space:
No yard or open space - sign on YdAve E to conform.
h) Height, bulk, location of structures:
Top of units will be approximately 12 feet. They'll be arranged in long rows of 20 - 30 feet
in width. There will approximately 26 feet between the fence and the first row of units.
j) Open space:
The units cover approximately 33% of the property
k) Noise, etc:
The only noise will be the loading and unloading of pick ups and vans. The only lighting will
be the security fighting which will be as low key as possible.
'21W
- 4,
40,7
I
m
lvm
-1p
15/27/2003 22:20 4068623151 DENMAN CONSTRUCTICE
WiTCOTAw5m
5�6
sop
44.
a
cL
I w U#1 a I -mm"FA M wod v M a M
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
Zoning Violation Floodplain — Other -
Name WG-(jMrA[) Date Time
M= �
FW1 "11 -
115 (,1 - 11 t0 � + Fax
Nature of Inquiry
L ustL�
Property Address
U
1: 40
(We need to have the legal description of the property since we do not have Bridge anymore)
Legal Description ,
Tract Lot Block
Sec Twn
WWWA
Vubdivision
— Qtr/Qtr
Record of Action he r-
Date Time Action fiqY-h rj� auadBy C-D
Date Time Action. By
Date Time Action By
Date Time Action By
Staff Comments
SOL ed C�rc
OvICLI-
y 25, 2003 The Daily Inter Lake, Sunda,,May 25, 2003 E3
as described below is
peing filed concurrently
Kith the annexation and
zoning request. The
property proposed for
annexation and zoning
6an be described as As-
$'essor's Tract 3 located
in Section 1, Township
,`2S North, Range 22
West, P.M.M., Flathead
ounty, Montana.
Z A request by Wayne
urner for preliminary
lat approval of Empire
states, a 347 lot single
mily and duplex town-
ouse subdivision locat-
d on the northeast cor-
er of Three Mile Drive
nd Stillwater Road.
his plat would create
is intended for duplex
nhouse development
n the perimeter of the
ite and single family
is on the interior of the
te. The subdivision
ould be developed in
cordance with City of
alispell's design and
ristruction standards.
e preliminary plat is
eing submitted in con -
notion with the annex -
ion of the property and
esignation of initial
oning of R-4, Two
amity Residential. The
roperty can be descri-
ed as Assessor's Tract
located in Section 1,
ownship 28 North,
ange 21 West,
.M.M.., Flathead Coun-
, Montana.
3. A request by Jerry
nd LaVerne Scott for
n initial zoning desig-
ation of B-2, General
usiness, upon annexa-
on to the city of Kalis-
e I on approximately
ne acre of property to-
ated west of Meridian
oad between Meridian
ourt and Second
treet West. The prop-
'rty is currently in the
ounty zoning jurisdic-
on and is zoned R-1,
esidential * The B-2
oning designation an-
cipates commercial de-
elopment. No develop-
ent proposal has been
resented at this time
ut a minor subdivision
as been filed in con-
riction with the annex-
tion request to create
o commercial lots on
,4he east and west sides
I , the extension of Men-
ian Court.
our t The proper
I proposed for
annexa-
ti
on on and zoning can be
,described as Lot 10 and
41 B of Hollister's Meridi-
an Tracts and Lot 13 of
Block 1 Meridian Addi-
Aion in Section 13,
�Township 28 North,
-Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
4. A request by G.R.
-Kirk Co. for an initial
zoning designation of B-
2, General Business
Upon annexation to the
fty of Kalispell on ap-
proximately 3.6 acres of
property located West of
Meridian Road between
Meridian Court and Sec-
dnd Street West. The
property is currently in
e County zoning juris-
diction and is zoned R-
I .1,� Residential. The B-2
zoning designation an-
r4cipates commercial
and multi -family devel-
dpment. No develop-
lbent proposal has been
presented at this time
but a 6 lot commercial
subdivision has been
riled in conjunction with
this application as de-
scribed immediately be-
low. The property pro-
posed $ ed for annexation
d zoning can be de-
scribed bed as Lots 11 A,
12A, and the west por-
tion of Lots 1:3, 14 and
15 of Hollister's Meridi-
an Tracts and Lot 13 of
Block 1 Meridian Addi-
t , fon in Section 13,
Township 28 North,
Mange 22 West,
P-.M.M., Flathead Coun-
Montana.
5 A request by G.R.
F{irk Co. for preliminary
sRat approval of Kirk
ubdivision, a six lot
commercial subdivision
Ocated west of Meridian
13oad between Meridian
Court and Second
;Street West. This plat
Would extend Meridian
Court to connect with
Second Street West
creating a new through
,Ioadway with parcels on
the east and west sides
of the road. The proper-
ty contains approxi-
mately 3.6 acres. All
'subdivision lots would
be served by public
sewer and water, a new
City street and would be
developed in accord-
ance with City of Kalis-
�e" standards, The Pre-
i'is being
submitted in conjunction
with the annexation of
the property and desig-
nation of initial zoning of
B-2, General Business.
The property can be de-
scribed as Lots 11 A,
12A, and the west por-
tion of Lots 13, 14 and
15 of Hollister's Meridi-
an Tracts and Lot 13 of
Block 1 Meridian Addi-
tion in Section 13,
Township 28 North,
Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
6. A request by Ron
and Merna Terry for a
conditional use permit to
allow the construction of
two triplexes on proper-
ty zoned RA-1, Low
Density Residential
kpartment, located on
:he west side of Fifth
avenue East, north of
t8th Street approxi-
,nately 600 feet. The
Tingle family home to-
Jated at 1605 Fifth Ave
=ast would be removed
ind the triplexes con-
§tructed in its place.
the property can be de-
scribed as approximate-
r y the east half of As-
gessor's Tract 5-5 locat-
ad in Section 17, Town-
ship 28 North, Range 21
Nest, P.M.M., Flathead
County, Montana.
7. A request by Wit -
ram C. Rice for a
3hange in zoning desig-
nation from RA-1, Low
Density Residential
Apartment, to B-2, Gen-
6iral Business, on ap-
proximately oximately one half
acre of property located
On the west side of Fifth
Avenue East, north of
16th Street East approx-
bately 600 feet. The
kurpose of the change
irt zoning is to accom-
modate the construction
Of mini -storage units to
Fye located on this prop -
arty and the property
adjoining it to the north.
The mini -storage facili-
ties are subject to a
conditional use permit
and will be considered
at conjunction with this
60quest for a change in
Boning. The property
koposed for the zone
Change can be descri-
bed as the approximate -
west half of Asses-
oTract 5-5 located
r s 1h Itto n 1 7, Township
08 North, Range 21
West, P.M.M., Flathead
,County, Montana.
7� F
1',8. A request by Wil-
ram C. Rice for a condi-
ffonal use permit to at -
low the construction of a
mini -storage facility on
propertylocated on ap-
proximately one and
one-half acres of prop-
6rty located on the west
side of Fifth Avenue
East, north of 18th
Street East approxi-
mately 600 feet. Ap-
proximately one acre of
,the property is currently
zoned B-2, General
Business, which list
mini -storage facilities as
a conditionally permitted
use. In conjunction with
this request is apropos -
at to change the zoning
on approximately one
half acre on the south
end of this property from
RA-1, Low Density Res-
idential Apartment, to B-
2, General Business, for
the purpose of accom-
modating a portion of
the mini -storage units.
The property proposed
for the mini -storage fa-
cilities can be described
06/10/2003 02:46 4068623151
To:
Te.,�
Fax: 75-1 - �P�
art Inc.
5733 Hwy. 93 South
Whitefish, W 5,9937
(406) 863-9925
(406) 862-3151 Fax
Pam: Z,
Date: ho
MM10/2003 02:46 4068623151 DENMAN CONSTRUCTION PAGE 02
a
;uo+ f -
m
June 10, 2003 - 3:15 PM
Terry O'Boyle
2007 Fifth Ave East
Kalispell
Came into the Tri-City Planning Office to find out about the triplex, rezoning and mini -
storage proposals. Stated he had no issues or concerns with the proposed
development(s).
If the Planning Board finds it appropriate to forward a
favorable recommendation to the City Council, the
following conditions of approval should be included in
order to preserve the integrity of the existing, established
residential neighborhood immediately to the east.
The site plan shall be modified to show NO drive lane
between the easterly property line of the site and the
easternmost row of storage buildings. Access to the
easternmost buildings shall be from the west only (the
easternmost units cannot be of a "double -loaded"
design). The entirety of the required 10' rear -yard
setback shall be landscaped per City of Kalispell
Zoning Ordinance requirements for mini -storage uses.
The existing mature tree found on the site near its
easterly property line shall remain in place.
• Screening shall be provided along the property
boundaries that abut residentially -zoned properties by
dense landscaping and a chain -link fence six feet in
height. In deference to the neighboring residential
properties sight -obscuring slats shall NOT be placed
in the chain -link fence. Said fence shall be in place
prior to the issuance of building permits for the
storage units.
The east -facing facade(s) of the easternmost building()
A* shall have a residential rather than industrial
appearance. Horizontal siding (wood or vinyl) shall be
used in place of metal. The easternmost building(s)
shall also feature a pitched roof.
Due to the vagueness of the proposal in terms of a
construction timeline the applicant shall provide the
City with a phasing plan that includes expected
completion dates of each phase. Any significant
deviation from the phasing plan will require the
applicant to re -apply to the City for an amended
Conditional Use Permit. At a minimum, all perimeter
landscaping and fencing shall be installed prior to any
public use of the storage units.
The city's zoning ordinance directs the planning board and
city council, when reviewing a Conditional Use Permit
application, to consider (among other things) traffic flow,
circulation within the property, screening and buffering,
open spaces, and height, bulk and location of structures.
The conditions that I am suggesting are all in response to
these review criteria. I don't feel that it is at all
unreasonable to ask that they be included if the project is
going to be approved.
RECEIVED
JUN 9 2003
Twm MIND, aonn
- - -- -