13. Conditional Use Permit - Rice & Terry - Triplex UnitsTri-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 - Two Tri-flex Dwellings Fifth Ave East
William C. Rice / Ron and Mema Terry
MEETING DATE: July 7, 2003
BACKGROUND: This is a request by William C. Rice on behalf of Ron and Merna
Terry for a conditional use permit to construct two triplex apartments in an RA- 1, Low
Density Residential Apartment, zoning district. This parcel contains approximately
18,940 square feet and is located on the west side of Fifth Avenue East north of the
Birchwood Apartments. Currently there is slightly over one acre of property.
Concurrent with this proposal is a proposal to rezone just over one-half acre of this
property on the west end from RA-1 to B-2 and to combine it with an approximately
one acre parcel to the north. The area is proposed to be used for the development of a
mini storage facility. The remaining eastern portion of this property would be
approximately 18,940 square feet and it is proposed for the two triplex units. The
property address is 1602 Fifth Avenue East.
There is a single-family home that would be removed from the site to clear the lot for
construction of the new buildings. The footprint of the buildings is approximately 35
feet by 60 feet and both will be two-story and approximately 28 feet in height. The
property would be accessed from a new driveway that would be from Fifth Avenue
East. 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 would be used for a mini -
storage facility. The remaining portion of the site to the east is where the two
triplexes are proposed. It fronts along Fifth Avenue East and would contain
approximately 18,940 square feet after the boundary line adjustment. The access and
parking are proposed at the northern end of the site and the apartments at the
southern end of the site.
The property is zoned RA- 1, Low Density Residential Apartment. Density allowed
under this zone is 6,000 square feet for the first duplex and 3,000 square feet for each
additional unit. The maximum density permitted on this 18,940 square foot site is six
units. All of the parking and setback requirements have been met. The buildings
would be under the 35-foot height limit. The project complies with zoning.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
CUP William C. Ricer
June 18, 2003
Page 2
At the public hearing thee was opposition to the proposed triplexes because of the
density and site design. The applicant agreed to place fencing on the northern
boundary to avoid trespassing and #iitg a waiver to protest an SID should Fifth Ave
East be upgraded in the future. 9,14ni
The Kalispell City Planning Board held a public hearing at their regular meeting of
June 11, 2002. the board discussed the concerns of the neighbors and added
conditions for fencing and waiver to protest and SID. A motion was made and passed
unanimously 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\2002 \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 east 144 feet of Assessor's Tract 5-5 located in Section 17,
Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
ZONE: Low Density Residential Apartment, RA-1
The applicant has applied to the City of Kalispell for a conditional use permit to allow two
tri-plex units to be built on approximately 18,940 square feet in a RA-1, Low Density Residential
Apartment 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 eight 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-03-1 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 two tri-plex units in a RA -I, Low Density Residential Apartment zoning district
subject to the following conditions:
The proposal will be developed in substantial conformance with the approved site plan and
other application materials. That the conditions associated with this permit shall be met prior
to occupancy of the buildings
2. That the landscaping of the site coordinated with the City Parks and Recreation Department.
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 be reviewed and approved by
the Kalispell Fire Department.
5. To accommodate pick-up of residents by Eagle Transit service, locate the bus stop and access
area in accordance with their recommendations.
6. That fencing be provided on the north boundary of the property.
7. That a waiver to protest the creation of a special improvement district for the
upradin of Fifth Ave East be filed with the Flathead County Clerk and Recorders
Office prior to the issuance of a building permit.
8. 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.
STATE OF MONTANA
: ss
County of Flathead
Pamela B. Kennedy
Mayor
On this day of , 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
tricity@centurytel.net
June 18, 2003
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit - Two Tri-plex Units on Fifth Avenue East
William C. Rice / Ron and Merna Terry
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 two tri-plex apartment units on one acre in an RA-1, Low
Density Residential Apartment, zoning district. The property is located on the west
side of Fifth Avenue East north of the Birchwood Apartments. Concurrent with this
proposal is a proposal to rezone just over one-half acre of this property on the west
end from RA-1 to B-2 and to combine it with an approximately one -acre parcel to the
north. The area is proposed to be used for the development of a mini -storage facility.
The remaining eastern portion of this property would be approximately 18,940 square
feet and it is proposed for the two triplex units. The property address is 1602 Fifth
Avenue East.
Narda Wilson, of the Tri-City Planning Office, presented staff report KCU-03-1
evaluating the project. Wilson said the property owner to the north had concerns
about the impacts of this development and they would were requesting that fencing be
provided. 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 their proposal and said he was not
opposed to the SID and that he was willing to put a fence on the northern boundary.
One person from the public spoke in opposition, saying the development was too
dense and that she would like all the parking to be on the south side inside the
development itself. There were no other comments to be presented to the board at the
meeting.
After the public hearing, the board discussed the proposal and public comment. A
motion was made and seconded to adopt Staff Report #KCU-03-1 as findings of fact. A
motion was then made to add a condition for fencing on the north side of the property,
and a condition adding a waiver of protest for an SID on Fifth Avenue East, which
passed on a unanimous vote. A motion was then made and passed on a unanimous
vote to forward a recommendation to the city council that the conditional use permit
be granted subject to the amended conditions outlined on attached Exhibit A.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
William Rice / Ron 8v Merna Terry Conditional Use Permit - Tri-Plex
June 18, 2003
Page 2 of 3
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 Planning Board
4
Ge ge for
resident
GT/ sm
Attachments: Exhibit A (conditions of approval)
Staff report KCU-03-1 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 8s Merna Terry, 1505 Whalebone Dr., Kalispell MT 59901
TRANSMIT\KALISPEL\2003 \KCU-03-1
William Rice / Ron 8v Merna Terry Conditional Use Permit - Tri-Flex
June 18, 2003
Page 3 of 3
EXHIBIT A
TRI-CITY PLANNING OFFICE STAFF REPORT #KCU-03-1
CONDITIONAL USE PERMIT FOR WILLIAM RICE / RON AND MERNA TERRY -
TRI-PLEX 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
2. That the landscaping of the site coordinated with the City Parks and Recreation
Department.
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 be reviewed and approved by the Kalispell Fire Department.
5. To accommodate pick-up of residents by Eagle Transit service, locate the bus
stop and access area in accordance with their recommendations.
6. That fencing be provided on the north boundary of the property.
7. That a waiver to protest the creation of a special improvement district for
the up -grading of Fifth Ave East be filed with the Flathead County Clerk
and Recorders Office prior to the issuance of a building permit.
8. 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.
ROLL CALL (AMENDMENT)
The motion passed unanimously on a roll call vote.
MOTION (AMENDMENT)
Hull moved and Norton seconded granting the variance for
the last 142 feet of roadway.
ROLL CALL (AMENDMENT)
The motion passed on a roll call vote by a vote of 4-2.
MAIN MOTION
The main 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 construct two tri-plex units on one
acre in an RA-1 zoning district located on the west side of
Fifth Avenue East, north of the Birchwood Apartments.
STAFF REPORT
Narda Wilson, with the Tri-City Planning Office, gave a
KCU-03-1
presentation of staff report KCU-03-1, a request for a
conditional use permit to construct two tri-plea units on one
acre in an RA-1 zoning district.
Wilson stated that the properties proposed for the duplexes
are farthest to the east, and that the west half is proposed for
B-2 zoning, combined with existing B-2 property to the
north.
Wilson said that the triplexes are proposed on the east half of
the property on 5th Avenue East and has approximately
19,000 square feet, currently just over 1 acre. She said that
the parcel would be created by a boundary line adjustment,
and is proposed for two triplex units. It is currently zoned
RA- 1, which lists multi -family dwellings as conditionally
permitted use. Wilson said that the existing single family
residence would be removed for the tri-plexes. The tri-plexes
would be approximately 35 feet wide and 60 feet long, with
the building being two stories, and placed face to face. The
elevation would be 28 feet in height.
She stated the RA-1 zoning allows a density of one dwelling
per 3000 square feet, with a minimum lot size of 6000
square feet for the first duplex, and 3000 square feet for
each additional dwelling beyond a duplex, so these would
have a total of 18,000 square feet. She said they are within
the density limits.
Wilson stated that the surrounding zoning is single family to
the north zoned R-1, east is also R-1, south are Birchwood
Apartments, also R-1, west is vacant and Outlaw Inn and
zoned B-2. She said that the Growth Policy recognizes the
area as high density residential, perhaps with some limited
office uses. The tri-plexes comply with the Growth Policy
designation by adding additional housing options within the
community. Wilson also said that the CUP looks at adequate
usable space, and that it does comply with density
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 16 of 23
requirements. Access would be off of Fifth Avenue East near
the northern boundary of the site, and a new driveway, 20
foot wide access road and a five foot buffer would be built.
There are no sidewalks in the area. The Council and Board
have been inconsistent with requiring sidewalks in areas, so
that rather than struggling with the question, an option is to
place a condition on the permit that would require a waiver
of protest to create a special improvement district on Fifth
Avenue East.
Wilson stated that the environmental constraints would be
minimal although the area is prone to flooding, with
inadequate storm drains, hydric soils, and shallow ground
water. This property is not indicated as having hydric soils,
or being in the flood plain, but it has generally been prone to
flooding.
Wilson said that on the site design, 15 parking spots are
required for the project, with 2.5 per unit, and .5 overflow on
the street. She said that traffic circulation is good with
adequate back up space and good streets. There are no
specific open space requirements and the setbacks will
restrict what can go there. She said that the site plan
indicated landscaping and walkways in the area.
Wilson said that the property owner to the north has
concerns about impacts with this development and has
requested that fencing be provided. She asked the board to
consider deciding to place a condition requiring fencing on
the north side of the property. She stated that there are some
parks within the area, Dry Bridge to the East and Thompson
to the East, so the impacts to parks should be minimal. Fire
protection would be met through hydrants, construction
standards and access. She said that this is a straightforward
project with water and sewer right there, and the extension
depends on what is already there. It looks as though no new
infrastructure would be required. She said that we can
assume that 60 additional vehicle trips would be generated
on Third, and they would like to coordinate with Eagle
Transit for a drop off area in the development.
Wilson stated that neighborhood impacts are anticipated to
be typical of what others would generate. There are 2-3
dwellings on one parcel to the east. This is a small apartment
complex and there may be impacts related to lighting but
that will be addressed during the building permit process.
PUBLIC HEARING The public hearing was opened to those who wished to speak
I on the issue.
APPLICANT/AGENCIES Bill Rice, 155 East Nicholas. Mr. Rice stated that he is never
in favor of sidewalks to nowhere. He will not be opposed to a
condition to waive protest of an SID. He stated he would also
Kalispell City Planning Board
Minutes of the meeting of June 10, 2003
Page 17 of 23
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
A-partment 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
I:."m W I'Ll a I iiiiii ,Ili,
Randy Brodehl - Fire Chief
Jim Stewart - Assistant Chief/Fire Marshal
Orkim-
WTTTM.•��
DATE: MAY 30, 2003
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. Provisions shall be made to clearly indicate addresses of units, visible from 5t'
Avenue East.
2. Street designs shall provide for a minimum clear width of 20' for emergency
vehicle access. No Parking signage shall be provided as necessary to maintain
width.
Please contact me if you have any questions. I can be reached at 758-7763.
"Assisting our community in reducing, preventing, and mitigating emergencies. "
RECEIVED
JUN 9 2003
TMM PLANNNG OFFVE
irr
I understand that the applicant and owner of the property
has the right to develop the property - I am not here to
dispute that. I am here to ask that development of the
property be done in a way that best fits the neighborhood
rather than in a way that detracts from it. Because a
Conditional Use Permit is required, the City has the
responsibility to approve a plan that does not have a
negative impact on the neighborhood. The Zoning
Ordinance directs you to consider traffic flow, parking,
screening, buffering, usable open space and location of
structures, among others. I feel that the proposed plan calls
for too much development given the size and location of
the property. I also feel that the site pain is flawed in a
number of ways and suggest a number of changes be
considered:
The driveway and on -site parking should be on the
south side of the lot to mitigate impacts on the
adjacent single family homes.
All required parking should be contained on the
property. 5th Avenue East does not have curbs, gutters
or sidewalks and is too narrow and too busy to safely
park on.
There is very little USABLE open space•
people who will live in these apartments.
* The back of the easternmost building will be face 5th
Avenue East. This is unlike any other home or
building in the neighborhood and shouldn't be
allowed. The Zoning Ordinance says that Conditional
Use Permits may only be granted if "the proposed use
will not be detrimental to abutting_ properties in
particular and the neighborhood in general."
By eliminating one or two units from the proposal, more
usable open space would be possible, all parking could be
done on the site and the buildings could be oriented in a
way that better fits the neighborhood. I would like you to
add conditions of approval that result in a better
development for the neighborhood.
Thank you.
WILLIAM C. RICE / RON AND MERNA TERRY
REQUEST FOR CONDITIONAL USE PERMIT
TRI-CITY PLANNING OFFICE
REPORT #KCU-03-1
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 two triplex units in an RA-1 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.
1*TT_*,KC1Zonewif"Volo
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: This parcel contains approximately 18,940 square feet and is
located on the west side of Fifth Avenue East north of the Birchwood Apartments.
Currently there is slightly over one acre of property. Concurrent with this
proposal is a proposal to rezone just over one-half acre of this property on the
west end from RA-1 to B-2 and to combine it with an approximately one acre
parcel to the north. The area is proposed to be used for the development of a mini
storage facility. The remaining eastern portion of this property would be
approximately 18,940 square feet and it is proposed for the two triplex units. The
property address is 1602 Fifth Avenue East and can be described as a portion of
Assessor's Tract 5-5 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
two triplex units in an RA-1, Low Density Residential Apartment, zoning district.
There is a single-family home that would be removed from the site to clear the lot
for construction of the new buildings. The footprint of the buildings is
approximately 35 feet by 60 feet and both will be two-story and approximately 28
feet in height. The property would be accessed from a new driveway that would
be from Fifth Avenue East. 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 would be used for a mini -storage facility. The remaining portion of the site to
the east is where the two triplexes are proposed. It fronts along Fifth Avenue East
and would contain approximately 18,940 square feet after the boundary line
adjustment. The access and parking are proposed at the northern end of the site
and the apartments at the southern end of the site.
D. Existing Land Use and Zoning: This property currently has a small single-family
home that would be removed to allow for the development of the apartments. The
property has a zoning designation of RA- 1, Low Density Residential Apartment,
which lists multi -family dwellings as a conditionally permitted use. The density
allowed under this zone is 6,000 square feet for the first duplex and 3,000 square
feet for each additional unit. The maximum density permitted on this 18,940
square foot site would be six units. All of the buildings would be under the 35-
foot height limit and all of the setbacks have been met.
E. Surrounding Zoning and Land Uses Zoning: This area is generally residential in
character along Fifth Avenue East with apartments to the south and single-family
residences to the north and east. This block provides a transition area between
the more intensive uses located along Third Avenue East to the west that are
commercially developed.
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 High Density Residential development. Anticipated density
would be between eight to 40 dwelling units per acre. Some limited office uses
would also be anticipated in these areas. The proposed apartments under
consideration have a density of approximately 14 dwelling units per acre. The
proposed project is in compliance with the land uses for this area and furthers the
goals of the plan by providing for a diversity of housing options in the community.
G. Utilities/ Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Montana Power Company
Electric:
Flathead Electric Cooperative
Phone:
CenturyTel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
The application is reviewed in accordance with the conditional use review criteria in the
Kalispell Zoning Ordinance.
1. Site Suitability:
a. Adequate Useable Space: The site has adequate space to meet the zoning
density, setback and parking requirements as well as to provide for
landscaping and adequate circulation within the site.
2
b. Adequate Access: Access to the site is by way of an existing City street,
Fifth Avenue East, a paved street but with no curb and gutter and no
sidewalks. Staff would recommend that consideration be given to
sidewalks being installed within the right-of-way along Fifth Avenue East
with a landscape buffer that separates the sidewalks from the street since
this has been required from the previous applicants. However, this
requirement has not been consistently approached by either the planning
board or the city council and a practical approach should be considered
before making this a condition of approval. As an alternative, a waiver to
protest the creation of a special improvement district if Fifth Avenue East is
upgraded to City standards could be recorded against the property and
placed as a condition of approval on the permit.
C. Environmental Constraints- The site is generally level, and no floodplain,
surface water or wetlands are mapped on the site. This area is well-known
as having shallow ground water and areas of hydric soils. However, this
particular site is not within the areas mapped as having hydric soils. An
engineered drainage plan will be required to be submitted to the Kalispell
Public Works Department which addresses the on -site retention of
stormwater as well as the extension of water and sewer to the site. No
significant environmental constraints are apparent on the property.
2. Appropriateness of design:
a. Parking and site circulation: Fifteen parking spaces are required for the
two triplex buildings. Two and one-half spaces are required for each unit.
The site plan shows 12 spaces on -site and three spaces to be located on the
street. A driveway is indicated on the site plan that provides access the
apartments along the northern property boundary from Fifth Avenue East
to the parking lots. As a note, the zoning ordinance does allow the overflow
or guest parking to be located on the street.
Traffic circulation within the site is generally good, with an access from
Fifth Avenue East. There is adequate back-up space for the parking and
turnaround areas. Circulation within the parking lot and in the area is
generally good.
b. Open Space: No specific open space requirements exist in the zoning
regulations for a development of this type. The zoning requirements for
setbacks and lot coverage have been met. The configuration of the
buildings creates a small courtyard area between them, but this area would
not generally be considered open space per se. There is adequate space on
the site to accommodate landscaping and the proposed parking areas.
C. Fencing ' /Screening ' JLandsrapi : The site plan proposes landscaping
around the buildings, the perimeter and within the site. The site plan
meets the zoning requirement for landscaping at least five percent of the
total parking lot area.
3
d. Signs: No specific dimensions or drawing of a sign was included with the
application. The zoning allows one sign 24 square feet in size, and a height
not to exceed six feet. A permit for the sign would be required.
3. Availability of Public Services/ Facilities:
a. Schools: This site is within School District #5. Limited impact is
anticipated from the proposed apartment complex.
b. Parks and Recreation: Dry Bridge Park is within easy walking distance of
the site to the east approximately a quarter of a mile and a County park in
the Greenacres area that is closer, but without easy direct access. Impacts
to the parks are anticipated to be minimal.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed residential
facility.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the
proposed apartments. Building access as well as the number and
placement of fire hydrants will need to meet - Uniform Fire Code
requirements and be reviewed and approved by the fire marshal. A letter
from the fire marshal has been included in this packet which states that
the development must meet the fire flow requirements and access
requirements of the Uniform Fire Code and that the buildings need to be
clearly addresses from Fifth Avenue East.
e. Water and sewer: Water and sewer requirements will be identified during
construction and be extended at the owners' expense. It does not appear
that any main extensions will be needed to serve the development and that
service can be taken from existing mains along Fifth Avenue East. Water
and sewer services can be provided by the City of Kalispell without any
significant impacts to capacity.
f. Solid Waste: Solid waste pick-up will be provided by the City. Enclosures
will be placed and installed in accordance with City requirements. Space
exists to meet any necessary requirements for this use.
9. Streets: Traffic generation from the development is estimated at 60 average
daily trips, based on estimates for housing in the Institute of
Transportation Engineers trip generation manual. Eagle Transit can
provide bus service to the residents of the building. A location which will
allow Eagle Transit to provide optimum service should be coordinated with
that agency. A drop-off and pick-up area can be provided along Fifth
Avenue East.
4
4. Neighborhood Impacts:
Development and land use impacts of the proposal are anticipated to be typical of
other properties in the immediate neighborhood. Traffic generation for a small
apartment complex would be minimal. Except during construction, no significant
impacts are anticipated from noise, vibration, or dust. Some outdoor lighting is
proposed on the parking lot. Staff recommends that the lights be directed
downward and shielded to prevent glare onto the neighboring property. No
impacts from smoke, fames, gas, odors, or inappropriate hours of operation are
anticipated beyond the norm of an urban density neighborhood. A notice of
public hearing was mailed to property owners within 150 feet of the site
approximately 15 days prior to the hearing. As of this writing, staff has received
no comments from neighbors on the proposal.
S. Consideration of historical use patterns and recent changes: The proposal is
compatible with the immediate area, where a mix of house types is anticipated
and encouraged. This is in an area at the edge of the city's commercial area
which has developed as a mix of uses. The zoning is RA- 1, Low Density
Residential Apartment, and the growth policy anticipates this kind of development
in the area. The proximity of this site to commercial services which are within
walking distance make this an ideal location of this type of development with the
exception of the lack of good pedestrian access in the area.
6. Effects on property values: No significant negative impacts on property values
are anticipated. As previously mentioned, the proposal is compatible with the
neighborhood, and the development and land use impacts would be typical of that
anticipated for the area.
Staff recommends that the planning board adopt the staff report #KCU-03-1 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
2. That the landscaping of the site coordinated with the City Parks and Recreation
Department.
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
be reviewed and approved by the Kalispell Fire Department.
W�
INTENT:
To remove existing house and replace with two tri-pleas
Answers to #3:
A) Ingress will be off 5' Ave E. via a driveway
B) A driveway will access the parking lot
Q 12 spaces will provide parking with 3 more on street (2.5 per unit)
D) Refuse will be collected by the City
E) Utilities will be off 5' Ave E and provided by the City, Northwest Energy and Flathead Elec.
F) No screening or buffering planned
G) Everything that isn't building or pavement will be landscaped open space
H) Height of buildings will be lower than 35 feet
I) See site plan
J) N/A
K) Normal noise and use that is associated with multifamily residence
Tri-City Planning Office
17 Second St Zast, Suite 211
X-fispez, XT 59901
Phone: (406) 751-18SO Fa= (406) 75I-IS5S
PROPOSED USE:
OWNER(S) OF RECORD:
Name:— IROV-, ,. mr)*,
Mailing Address: L,90S- :0xj7— -M�VlL
City/ State
VO Phone: -75-5 - 751 .5 'r
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name:
Mailing Address: -51
City/State/Zip: Phone:
P - .2 0• UY Refer to PropeAj Records):
Street Sec Town- Range
Address: I teD6 �5,n, No. 1-7 ship 12,91V Nio.
`17-
Subdivision Tract Lot Block
mcarn'- Nn(S)IM Naj-sz) No --
1. Zoning District and Zoning Classification in which use is proposed:
V#-(
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.
f. 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 Date
2
Cy Cnter, $ T.z. ay 25, 2003
The Daily Inter Lake, Sunday, May 25, 2003 — E3
as described below is
being filed concurrently
with the annexation and
zoning request. The
property proposed for
annexation and zoning
can be described as As-
sessor's Tract 3 located
in Section 1, Township
28 North, Range 22
West, P.M.M., Flathead
County, Montana.
2. A request by Wayne
Turner for preliminary
plat approval of Empire
Estates, a 347 lot single
family and duplex town-
house subdivision locat-
ed on the northeast cor-
ner of Three Mile Drive
and Stillwater Road.
This plat would create
lots intended for duplex
townhouse development
on the perimeter of the
site and single family
lots on the interior of the
site. The subdivision.
would be developed in.
accordance with City of
Kalispell's design and'
construction standards'
The preliminary plat is
being submitted in con-
junction with the annex-
ation of the property and
designation of initial
zoning of R-4, Two
Family Residential. The
property can be descri-
bed as Assessor's Tract
3 located in Section 1,
Township 28 North,
Range 21 West,
P.M.M-, Flathead Coun-
ty, Montana.
3. A request by Jerry
and LaVerne Scott for
an initial zoning desig-
nation of B-2, General
Business, upon annexa-
tion to the city of Kalis-
pell on approximately
one acre of property lo-
cated west of Meridian
Road between Meridian
Court and Second
Street West. The prop-
erty is currently in the
County zoning jurisdicr
tion and is zoned R-1
Residential. The B-2
zoning designation an-
ticipates commercial de-
velopment. No develop-
ment proposal has been
presented at this time
but a minor subdivision
has been filed in con-
junction with the annex-
ation request to create
two commercial lots on
the east and west sides
of the extension of Meri-
dian Court. The proper-
ty proposed for annexa-
tion and zoning can be
described as Lot 10 and
11 B 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.
4. A request by G.R:
Kirk Go. for an initial
zoning designation of B-
2, General Business
upon annexation to the
city of Kalispell on ap-
proximately 3.6 acres of
property located west of
Meridian Road between
Meridian Court and Sec-
ond Street West. The
property is currently in
the County zoning juris-
diction and is zoned R-
1, Residential. The B-2
zoning designation an-
ticipates commercial
and multi -family devel-
opment. No develop-
ment proposal has been
presented at this time
but a 6 lot commercial
subdivision has. been
filed in conjunction with
this application as de-
scribed immediately be-
low. The property pro-
posed for annexation
and zoning 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.
5. A request by G.R.
Kirk Co. for preliminary
plat approval of Kirk
Subdivision, a six lot
commercial subdivision
located west of Meridian
Road between Meridian
Court and Second
Street West. This plat
would extend Meridian
Court to connect with
Second Street West
creating a new through
roadway 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-
pell standards. The pre-
liminary plat 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
Densitv Residential
Apartment, located on
the west side of Fifth
Avenue East, north of
18th Street approxi-
mately 600 feet. The
single family home lo-
cated at 1605 Fifth Ave
East would be removed
and the triplexes con- 1
structed in its place.'
The property can be de-
scribed as approximate-
ly the east half of As- >
sessor's Tract 5-5 locat-
ed in Section 17, Town- }
ship 28 North, Range 21; p
West, P.M.M., Flathead .
County, Montana.
7. A request by Wil- 'i
liam C. Rice for a
change in zoning desig-
nation from RA-1, Low
Density Residential
Apartment, to B-2, Gen-
eral Business, on ap
proximately one half,
acre of property located;:
on the west side of Fifth
Avenue East, north of
18th Street East approx
imately 600 feet. The. ;1Y
purpose of the change
in zoning is to accom- .
modate the construction
of mini -storage units to. ; 5
be located on this prop- "
erty and the property P
adjoining it to the north.,.-y
The mini -storage facili- "I
ties are subject to-a�-�
conditional use permit'
and will be considered
in conjunction with this =
request for a change in
zoning. The property 3
proposed for the zone:`';
change can be descri- -_
bed as the approximate-
ly west half of Asses-
sor's Tract 5-5 locateds'
in Section 17, Township
28 North, Range 21
West, P.M.M., Flathead'`
County, Montana.
8. A request by Wil-
liam C. Rice for a condi-
tional use permit to al-
low the construction of a
mini -storage facility on
property located on ap-
proximately one and
one-half acres of prop-
erty 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 a propos-
al 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
a
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