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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 AVenUe East 3Z LU Al it cl ca MO ri BR b I av__i - - - - - - - - - 104- lu V / 6o5 t/l Aver ue 1 � eo 1 I 9