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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 - - -- -