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05. Conditional Use Permit - Steven MawTri-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 - Steven Maw for Four-Plex Apartment An RA-1, Low Density Residential Apartment District MEETING DATE: February 4, 2002 BACKGROUND: This is a request for a conditional use permit to allow the construction of a four-plex apartment unit on an undeveloped parcel on the north side of California Street at the north end of Eighth Ave. E.N. The footprint of the building is approximately 30 feet by 60 feet and will be two-story of approximately 25 feet in height. One access will be developed off of California Street to the site that will enter a parking lot that will have parking on the south and west ends of the property. No garages, outbuildings or other structures are proposed at this time. The parcel contains approximately 12,197 square feet. 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 allowed under the zoning on this 12,197 square foot lot would be four dwelling units. The building would be under the 35-foot height limit and the setback requirements have generally been met. Some minor modifications to the site plan will need to be made to the parking layout so that it is out of the setback area and there is adequate maneuvering space within the site. An issue that arose during the planning board meeting was the lack of sidewalks along California Street and Eighth Ave EN. The planning board recommended placing sidewalks along California in conjunction with this project, however consideration should be given to the city council's consistency with this requirement. For example, Shining Mountain Church who occupy a full city block to the east, recently obtained a conditional use permit for a doubling of the size of their building. No sidewalks were required along Eighth Ave. E.N. for that project. Perhaps this was an opportunity lost, but in that particular case installing over a city block of sidewalks (the east side of Eight Ave EN and the north side of Oregon Street) seemed an unreasonable condition considering the size of the addition, i.e. approximately 1,650 square feet. A policy requiring incremental sidewalk construction may prove useful in this area and others, but no consistent policy has been developed in this regard. Another issue that surfaced during the public testimony portion of the planning board meeting is the water pressure in the area and if an additional user would compromise the system. In discussions with the public works department and fire department, there is no lack of water pressure in the area that is evidenced by the adequate Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Steven Maw Conditional Use Permit January 25, 2002 Page 2 testing of hydrants in the immediate area. Lack of water pressure or water flow in a particular residence as was stated at the planning board meeting is likely more a result of the plumbing system for the house rather than being indicative of problems with the water system in the neighborhood. As with all projects constructed within the city limits of Kalispell, the project will have to comply with the applicable building codes and the uniform fire code. This may involve the placement of an additional hydrant in close proximity to the building that can provide needed fire flows. The applicant is aware of this and is willing to undertake whatever necessary requirements may be placed on the project. The Kalispell City Planning Board held a public hearing at their first regular meeting of January 15, 2002. There was one person from the neighborhood who spoke in opposition and one letter of opposition received. They both expressed concerns about excessive traffic in the area, parking problems, water pressure and the general character of the neighborhood when there are renters rather than property owners. A motion was made and passed unanimously to forward a recommendation that the conditional use permit for the apartments be approved subject to the conditions as amended. 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, 114 �' CL-��&2� Narda A. Wilgon Chris A. Kukulski Senior Planner City Manager Report compiled: January 25, 2002 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter and Exhibit A (conditions of approval) Staff report KCU-01-8 and application materials Draft minutes from 1/ 15/02 planning board meeting H:\FRDO\TRANSMIT\KA1,ISPEL\2001 \KCU-01-8MEMO.DOC City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Steven C. Maw PO Box 7394 Kalispell, MT 59904 Callen D. McDonald 29656 Coffman Beach Road Rocky Mount, CO 65072 LEGAL DESCRIPTION: Construction of a four -unit apartment building, further described as Parcel A of COS 14785 (Assessor's Tract 23KB) in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: RA-1, Low Density Residential Apartment Steven C. Maw and Callen D. McDonald have applied to the City of Kalispell for a conditional use permit to construct a four -unit apartment building in the RA-1, Low Density Residential Apartment zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on January 15, 2002 held a public hearing on the application, took public comment and recommended that the application be approved subject to seven conditions. After reviewing the application, the record, the Tri-City Planning Office 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-01-8 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct a four -unit apartment building in the RA-1, Low Density Residential Apartment zoning district subject to the following conditions: SECTION I. 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. The conditions associated with this permit shall be met prior to occupancy of the apartment building. 2. That the parking lot be redesigned to meet the required setback requirements with suitable ingress and egress not 1 to exceed 24 feet and that landscaping of the lot be coordinated with the City Parks and Recreation Department. 3. The proposal shall comply with the Kalispell Design and Construction Standards for water, storm drainage and other applicable facilities which shall be approved by the City Engineer prior to the issuance of a building permit. 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 areas in accordance with their recommendations. 6. That sidewalks shall be installed within the right-of-wav along California Street with a landscape buffer that separates the sidewalk from the street. 7. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of authorized activity 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 day of February, 2002. STATE OF MONTANA ss County of Flathead ) Pamela B. Kennedy Mayor On this day of February, 2002, 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 2 Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59"1 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net January 25, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - Steven Maw for Four-Plex on California Street Dear Chris: The Kalispell City Planning Board met on January 15, 2002, and held a public hearing to consider a request by Steven Maw for a conditional use permit to allow the construction of a four-plex apartment building in an RA-1, Low Density Residential Apartment, zoning district. This parcel contains approximately 12,197 square feet and is located on the north end of Eighth Avenue E.N. and the east end of California Street. The footprint of the building is approximately 30 feet by 60 feet and will be two-story of approximately 25 feet in height. One access will be developed off of California Street. This property is currently undeveloped and 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 site would be four dwelling units. Narda Wilson, of the Tri-City Planning Office, presented staff report KCU-01-8 evaluating the proposal. One phone call had been received from a neighbor in the area who cited problems with excessive traffic in the area and problems they had had with renters. Staff recommended the conditional use permit be approved subject to the conditions outlined in the staff report. At the public hearing the applicant spoke in favor of the proposal. There was one resident from the area representing the neighborhood who spoke in opposition to the proposal citing concerns with excess traffic, parking problems and water pressure. One letter in opposition was also received at the meeting. After the public hearing the board discussed the proposal. A motion was made and passed unanimously to forward a recommendation to the city council that the conditional use permit for the four-plex be granted subject to the conditions outlined on attached Exhibit A. Please schedule this matter for the February 4, 2002 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. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Steven Maw Conditional Use Permit January 25, 2002 Page 2 Sincerely Kalispell City Planning Board Z 0, n Ron Van Natta President RVN/NW Attachments: Exhibit A (conditions of approval) Staff report KCU-01-8 and application materials Draft minutes l/ 15/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Steven C. Maw, P.O. Box 7394, Kalispell, MT 59904 Cal McDonald, 29656 Coffman Beach Rd., Rocky Mount, MO 65072 H: \FRDO \TRANSMIT\KALISPEL\2001 \KCU-01-8.DOC Steven Maw Conditional Use Permit January 25, 2002 Page 3 EXHIBIT A CONDITIONAL USE PERMIT FOR STEVEN C. MAW AMENDED CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JANUARY 25, 2002 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 January 15, 2002 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 apartment building. 2. That the parking lot be redesigned to meet the required setback requirements with suitable ingress and egress not to exceed 24 feet and that landscaping of the lot be 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 sidewalks shall be installed within the right-of-way alone California Street with a landscape buffer that separates the sidewalk from the street. 7. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. H: \... \TRANSMIT\KCU 101 \KCU01-8.D0C DRA PT THE REGULAR MEETING OF THE KALISPELL PLANNING BOARD AND ZONING COMMISSION WAS HELD AT 7:00 P.M., TUESDAY, JANUARY 15, 2002 IN THE COUNCIL CHAMBERS AT CITY HALL, KALISPELL, MONTANA. MEMBERS PRESENT WERE RON VAN NATTA, MARK RECHEL, JIM ATKINSON, BONNIE SPOONER, BILL RICE AND SUE ELLYN ANDERSON. Narda Wilson of the Tri-City Planning Office called the meeting to order at 7:00 PM. SEATING OF NEW MEMBERS Jim Atkinson, Bonnie Spooner, March Brechel, Bill Rice, Ron Van Natta and Sue Ellyn Anderson were welcomed to the board. ELECTION OF OFFICERS Atkinson made a motion to nominate Ron Van Natta as president. Rice seconded the motion. On a vote of acclamation the motion passed unanimously. Spooner made a motion to nominate Bill Rice as vice president. Atkinson seconded the motion. On a vote of acclamation the motion passed unanimously. ADOPTION OF RULES OF PROCEDURES FOR THE CITY PLANNING BOARD Rice moved to adopt the rules of procedures governing the Kalispell City Planning Board and Zoning Commission as presented. Anderson seconded the motion. On a vote of acclamation the motion passed unanimously. PUBLIC HEARING ITEMS Steven Maw Conditional Use Permit - Four Plex on California Street Anderson excused herself from the Board due to conflict of interest. Narda Wilson of the Tri-City Planning Office presented staff report KCU-01-8 saying this was a request for a conditional use permit by Steven Maw to allow the construction of a four-plex apartment unit on property located at the east end of California Street and the north end of Eight Ave. E.N. that contains approximately 12,197 square feet and is zoned RA-1, Low Density Residential Apartment. Multi- family dwellings are listed as a conditionally permitted use. Wilson noted that there was an additional condition she would like the board to consider regarding the access onto California Street. As proposed no specific accesses was defined, and she felt there should be some delineation, whether it was with landscaping or a rolled curb. She recommended to define a 24-foot wide Kalispell City Planning Board Minutes January 15, 2002 Page 1 1 , c ingress/egress rather than having it the entire length of the property, which was approximately 50 to 70 feet wide. Wilson said staff was recommending approval of the conditional use permit subject to the six conditions listed in the staff report and as amended. Public Comment - Proponents Steven Maw, applicant, spoke in favor of the project. Scott Santa, Remax, said he was representing the current owner of the property, saying the seller had gone to great expense to bring in water and sewer to the property and their intent had been to have a four-plex constructed on the property. Public Comment - Opponents Sue Ellyn Anderson, 484 Eight Avenue EN, said she lived two houses down from the proposed site. Anderson said she was speaking on behalf of her neighborhood, and they had three concerns, one being the water pressure problem in the neighborhood. Anderson said you couldn't have a sprinkler going in the yard if there was any water running in the house, and a four-plex would add to the existing problem. Anderson said the neighborhood's second concern was the increase in traffic on an already crowded street. Anderson said the Shining Mountain Church was across the street from her home and often her family and friends don't have any place to park on the street. Anderson said the neighborhood's third concern was fire hydrant coverage; she said one was located at the corner of Eighth Avenue EN and Oregon Street, and the other was on Seventh Avenue EN, both within one block of the proposed site. Anderson asked if the existing water pressure would be sufficient if a fire should start in the neighborhood, and asked whether an additional fire hydrant would be required to cover the additional density of the four-plex. Rice made a motion to adopt staff report KCU-01-8 as findings of fact and recommend to the city council that the conditional use permit be approved subject to the conditions as listed and to amend Condition 2 to read "That the parking lot be redesigned to meet the required setback and add suitable ingress and egress requirements and that landscaping of the lot be coordinated with the City Parks and Recreation Department." Atkinson seconded the motion as amended. Atkinson suggested that the condition should also include language that would limit the driveway access to a 24-foot wide ingress and egress. Wilson said that would help clarify it and that a friendly amendment could be made. Rice said he would accept the friendly amendment. Kalispell City Planning Board Minutes January 15, 2002 Page 2 DRAFT Atkinson said in the staff report, under the site suitability criteria, consideration should be given to sidewalks being installed within the right-of-way along California Street with a landscape buffer that separated the sidewalks from the street, but it was not listed as a condition. Wilson responded saying that she had not included that as a condition because it was not a clear policy with the council or projects that staff would review when to construct partial sidewalks. Atkinson made a motion to add Condition 7 to read "That sidewalks be installed within the right-of-way along California Street with a landscape buffer that separates the sidewalk from the street." Spooner seconded the motion. There was discussion regarding the placement of a sidewalk and the location of the property boundaries in the area in relation to the right-of-way. The motion to add an additional condition passed on a three in favor and two opposed, with Van Natta, Atkinson and Brechel voting in favor, and Spooner and Rice voting in opposition. There was some discussion among the board regarding hydrants in the area and Wilson stated that the applicant would need to comply with the uniform fire code, which may mean installing an additional hydrant. She would discuss potential problems with water pressure with the public works department and the fire department. The main motion passed unanimously upon a roll call vote. Whitefish Staee Condominiums Conditional Use Permit Narda Wilson presented staff report KCU-01-7 saying this was a request by Whitefish Stage Development, LLC, for a revised conditional use permit for the condominium development, Whitefish Stage Condominiums to allow 214 duplex and four-plex units rather than 304 units on approximately 38.4 acres on property located on the northwest corner of Granrud Lane and Whitefish Stage Road and is zoned RA-1, Low Density Residential Apartment. Wilson said staff was recommending approval of the conditional use permit subject to the 21 conditions as listed which were the same as the conditions previously placed on the project by the Kalispell City Council. Public Comment - Proponents Jay Billmayer, representing the applicant, spoke in favor of the project saying at the last planning board and city council meetings there were many people from the neighborhood who had expressed concerns with the project and the new design had tried to address those by reducing the density and the overall size of the buildings. Kalispell City Planning Board Minutes January 15, 2002 Page 3 STEVEN C. MAW TRI-CITY PLANNING OFFICE CONDITIONAL USE PERMIT REPORT #KCU-01-8 JANUARY 8, 2002 A report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to construct a four -unit apartment complex in an RA-1 zone. A public hearing to review this request has been scheduled before the planning board on January 15, 2002, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. INFORMATION A. Petitioner/ Owner: Steven C. Maw P.O. Box 7394 Kalispell, MT 59901 406) 755-6263 Callen D. McDonald 29656 Coffman Beach Rd. Rocky Mount, MO 65072 B. Summary of Request: This is a request for a conditional use permit to construct a four -unit apartment complex in an RA-1, Low Density Residential Apartment, zoning district. The footprint of the building is approximately 30 feet by 60 feet and will be two-story of approximately 25 feet in height. One access will be developed off of California Street to the site which will enter a parking lot that will have parking on the south and west ends of the property. No garages outbuildings or other structures are proposed at this time. C. Size and Location: This parcel contains approximately 12,197 square feet and is located on the north end of Eighth Avenue E.N. and the east end of California Street. The property can be described as Parcel A of COS 14785 (Assessor's Tract 23KB) located in Section 8, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana. D. Existing Land Use and Zoning: This property is currently undeveloped and 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 12.197 square foot site would be four 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 with the exception of Shining Mountain Church that lies to the southeast of this property. North: Undeveloped land and single family homes, County R-4 zoning South: Single family homes, City RA-1 and R-3 zoning East: Residence and mobile home park, RA-1 zoning West: Residence and undeveloped; County R-4 zoning 1 F. Master Plan Designation: The Kalispell City -County Master Plan Map designates this area as Urban Residential and anticipates two to eight dwelling units per acres. The proposed project is in general compliance with the land use designation of the master plan map and furthers the goals of the master plan by providing for a diversity of housing needs 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 EVALUATION OF THE REQUEST The application is reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Space: The site has adequate space to meet the zoning density, setback and parking requirements as well as to provide for adequate circulation within the site. b. Adequate. Access: Access to the site is by way of an existing City street, California Street, 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 California Street with a landscape buffer that separate the sidewalks from the street. C. Environmental Cons rain s- The site is generally level, and no floodplain, surface water, wetland, or hydric soils are mapped on the site. A drainage plan will need to be prepared and 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: The site plan shows ten spaces within the parking lot, most of which meet the zoning requirements. There are some minor setback issues that are easily resolved relating to the parking by moving the parking spaces on the west outside the ten foot setback area and the parking in the front moved out of 20 foot front yard 3 setback and ten foot side yard setback. The lot is accessed from California Street. Circulation within the parking lot and in the area is generally good. b. nn�n Spate: 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. There may be adequate space on the site to create a small common area as a picnic and barbecue area. There is adequate open space within the site to accommodate landscaping and the proposed parking areas. C. Fencing 4Scr ..ningMandscaning: 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. d. Si=: 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 exceed six feet. A permit for the sign would be required. 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: No City parks are within close walking distance of the site with the nearest park being Woodland Park to the south across Hwy 2 East. Impacts to the City 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. e. Water and sewer: Water and sewer will be provided by the City and the connections would need to comply with the requirements of the Public Works Department for the necessary extensions and for fire hydrants. f. Solid Waste: Solid waste pick-up will be provided by the City. Enclosures will be placed and installed in accordance with City requirement. Space exists to meet any necessary requirements for this use. g. Bests: Traffic generation from the development is estimated at 40 average daily trips, based on estimates for housing in the Institute of Transportation Engineers trip generation manual. Eagle Transit would 3 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. 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 impact from smoke, fumes, gas, odors, or inappropriate hours of operation are anticipated beyond the norm of an urban density neighborhood. A notice of public hearing was mailed to property owners within 150 feet of the site approximately 15 days prior to the hearing. As of this writing, staff has received no comments from neighbors on the proposal. 5. 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 limits which is beginning to develop as a mix of residential uses. The zoning is RA-1 Low Density Residential Apartment and the master plan anticipates this kind of development in the area. The proximity of this site to commercial services which are within walling 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 previously mentioned, the proposal is the development and land use impact s Staff recommends that the planning board adopt the staff report #KCU-01-8 as findings of fact and recommend to the city council that the conditional use permit be approved 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 apartment building. 2. That the parking lot be redesigned to meet the required setback requirements and that landscaping of the lot be coordinated with the City Parks and Recreation Department. 0 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. 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 fmancing and other activities shall be considered a commencement. REPORTS\KCU I 01\KCU01-8 5 January15, 2002 To: Narda Wilson and the Kalispell City Planning Board Agenda: Conditional use permit by Steven C. Maw for construction of a four-plex apartment building at the east end of California Streetand the north end of Eighth Avenue East North My name is Clara Ellen Anderson. I live at484 8th Avenue East North, a resident in this neighborhood since 1964, first in atrailerinthis same trailercourt We moved into our present home in February1966. This neighborhood, outside ofthe trailer residents, was all owner -occupied. Itwasquiet and extremelystable. Properties were neat and well kept Iamhere tonight to speak upaboutsomeconcerns that Ihave regarding issuance ofthis permit Ifirmly believe thatanydecisionmadeshouldhave the existing neighborhoods inteestatheart IciheproblemsthatIseeandhowtheseproblemsaffectusandourproperlyvalues. In the last few years as owner -occupied homes became rental income properties, there has been a major change in this neighborhood. Forexample,off-street parking was eliminated atthetrailercourt Suspecteddruguse placed the neighborhood undersunreillance. Ex -convicts moved into the neighborhood. Yana maintenance dwindled. Tall growth of weeds creates fire hazards while inhibiting weed control in the yards of those who care abouttheirproperty. Will renters be allowed to do their own thing or will there be covenants to protectthe neighborhood? The following are important concerns. Will these be addressed? If not, I urge that the planning board deny this conditional use permit. (1) WaterPressure: Waterpressureinthis neighborhood isvery low. Anewwaterline put inwithin the lasttenyears slightly improved the pressure, butitdid notsupplytheamountofpressure thatexisls in otherareas in the EastNorthpartoflown. Only one water use can be used atthe same time. Use of washing machine ordishwashercannot be done if outside sprinklers areon. If you use the dishwasher, you do notwash clothes orshower. If you wash clothes you do notusethedishwasherorshower. I believe adding fourmore apartments will furtherdecrease the alreadyexisting lowwaterpressure. (2) Traffic: Onetrip to the site is note true picture. The traffic flow varies from time ofday and day oftheweek. Traffic on California Streetis already nearly maxed out Wone looks afthe number of cars that are parked on both sides ofthe west half ofthestreet, mostare from the trailers. On the east half of the street, the house atthe comerhas anywhere from six to tan cars consistently. California is narrow, and when parking is on both sides, single lane traffic is all thatcan getthrough. Emergency vehicles could notgatthrough Wwe had heawysnowbennedon thesides. Itisverydl6cultio access 7thAvenue(Whitefish Stage) from California because of the heavytratficon7th. A righttum north is easier and saferthan turning lefttD go southon7thwhich is almost a blind entry. We never use California forexitingunlessweare going north. Many cars take ashorlciA speeding down ouralley. There have been nearaccidents as residents have backed out of theirgarages. Traffic on8th has greatly increased. During peak traffic times (to and from schools and work) getting on to Oregon is quite a *A Then there is the increased traffic to and from Shining Mountains that also impacts this neighborhood. (Incidentally, I did not protestthe addition to Shining Mountains. They have been good neighbors.) However, morethan once we have hadto place"no parking" signs in orderto have places for out-of-town company to parkas attendees park in front of our house instead of in their own parking lots. Upon completion of this addition, there will be increased traffic, more needed parking spaces, and increased water usage as well. ActivilyisnotkimitedtoSundays. Then: are many regularweeldyadvidw, too, aswell as funerals and weddings. 8thAvenueEast North will definitely be impacted bythis increase in traffic as well as the increased traffic to and from the aparbnentcompkex. Fourmoreapartrnenis on these two already heavily populated streets will impactihewaterandtrafficsiivations. Please considertheselwoconcernsca ddy. You have an awesome responsibility. Iwish you could spendjustoneweekobservingwhat goes on in this pleasant neighborhood. Unless you live hen:, or in any neighborhood forthatmatter,you donot have any idea as tohowachange can affectaneighborhood. Uisitwiththe people who fivethere. Ustentotheirconcems. Yourvotewon'taffect you,butitwillaifectus. If the neighbors are lbrthe change andthatchangewill enhance the neighborhood, vote fdrit If,however, it has questionable concerns, please vote againstit Thank you. �� ' Z 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 OWNER(S) OF RECORD: Name: C,:Z1kn D. N'I r Donal d Mailing Address: c? 9 656 Co'i& an S eac h ni of city/ State/zip:AockyMmAf /10 r5-07a Phone: PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: fr_I./Gy1 (", MAflT Mailing Address: -PA l n+ 7.39-1 City/State/Zip:k,f 1,11ra C4 nT 5-570el Phone:�/o6-7sS-6a6 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street r+ CC Sec. Town- Range Address: 7.3 7 3 EOS f �AI�'7 0�/11'R�T No. ship _Zf_No.-' Subdivision Tract Lot Block Name: No(s). No(s). No. 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. g. 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. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City planning staff to be present on the property for routine monitoring and inspection during the approval and development process. ri // Applicant Signature a Date 2 ATTACHED SHEET FOR THE APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL. Question 3: Access to the property is directly off of E. California Street, which is a side street off of Whitefish Stage Road - Access to utility Iines already exists in the street lines. The address will be located on the street side of the building. Yards and open spaces are located on the site plan. The proposed building is a 2-story 4-plex apartment building approximately 25' high - Refer to site plan for traffic flow, off-street parking, & open space uses. SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY Thursday,. December 27,2001 Building Department Conference Room ATTENDING: Dick Amerman, Asst. City Engineer Mike Baker, Parks & Rec. Director Jun Brown, Assistant Police Chief Craig Kerman, Building Official Chris Kukulski, City Manager Dick Seddon, Fire Marshall P. J. Sorensen, Zoning Administrator, Chair Kathy Kuhlin, Recording Secretary OLD BUSINESS: NEW BUSINESS: I• .•• •• :�. • un Preliminary Plat, Gateway West - Dick A. asked if anyone had spoken,.with Tim Thompson yet about giving the City 20 feet. Narda indicated last week that it looks promising. Dick feels the success of the project is contingent upon the 20 feet in question Revised Whitefish Stage Condos CUP - Nothing new. Flathead Credit Union expansion - Dick A. said two-way traffic in alley won't work. Not enough room. Cars on Hwy. 93 can't be waiting to get in. Also, the plans will need to be further refined and developed. Dick will write a memo to Narda regarding these points. Four -Plea at East California and 81 Avenue E. N. - No major concerns at this point; will need to adjust parking. Initial Zoning upon annexation of area south of Sunnyside - Will develop in the future but doesn't have a plat yet. A developers extension agreement exists in the area and expires in 2006. Westbrook Square Casino CUP - P.J. is concerned about the parking issue. Need a current plan for their parking. May be short on spaces. OTHER DISCUSSION: Chris said the County Commissioners' approved Phase 11 of the Stillwater Estates final plat, scratching the language requiring sewer. Contiguous to the City - we need Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centuryteLuet TO: Kalispell City Staff and Other Interested Parties FROM: Narda A. Wilson, Senior Planner DATE: December 18, 2001 RE: January 15, 2002 Kalispell City Planning Board Meeting Attached with this memo is a copy of the legal ad, vicinity map, site plan or plat and application for items that will go before the planning board on the above referenced date for your information, review and comment. • Preliminary Plat Gateway West Addn #34 Eight Lot Commercial Subdivision • Revised Whitefish Stage Condos 214 Units Conditional Use Permit • Flathead Credit Union Expansion Conditional Use Permit • Four -Plea at East California St. and Eight Ave. E.N. • Initial R-4 Zoning Upon Annexation South of Sunnyside Drive • Westbrook Square Casino Conditional Use Permit These items will go before the Site Development Review Committee in the Conference Room of the Kalispell Building Dept. on: December 27, 2001 January 3, 2002 Comments By: • January 7, 2002 so that they can be incorporated into the staff report These matters will go before the Kalispell City Planning Board on January 15, 2002 for public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to January 7, 2002 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852. If you need additional information regarding any of these items, please call me. Thank you for tatting the time to review and comment on these items. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Referrals KPB 01/ 15/02 December 18, 2001 Page 2 c: w/attachments: Dick Seddon / Randy Brodehl, Fire Dept. Mike Baker, Parks and Rec Chris Kukulski, City Manager PJ. Sorenson, Zoning Administrator Jim Brown, Police Dept. Dick Amerman, City Engineer Jim Hansz, Director Public Works Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, Interim City Attorney Steve Herzog, MDOT Roberta Struck, Evergreen Water District H: \... \AGREF\KALISPELL\KPB0115REF.DOC TCPO - 2001 Zone Change, Variance, Conditional Use, PUD CERTIFICATION APPLICANT: STEVEN MAW TCPO FILE NO: #KCU-01-8 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the property lines of the property that is the subject of the application. Date: %9 - ; / - Q Steven Maw P O Box 7394 Kalispell MT 59904 Callen McDonald 29656 Coffman Beach Road Rocky Mount MO 65072 AND ATTACHED LIST NOTICE OF PUBLIC IM RING KALISPELL CITY PLANNING BOARD AND ZONING Preliminary Plat Gateway West Addn #34 Eight Lot Commercial Subdivision Revised Whitefish Stage Condos 214 Units Conditional Use Permit Flathead Credit Union Expansion Conditional Use Permit Four -Plea at East California St. and Eight Ave. E.N. Initial R-4 Zoning Upon Annexation 11 Acres South of Sunnyside Drive Westbrook Square Casino Conditional Use Permit The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January 15, 2002 beginning at 7:00 PM in the Kalispell City Council. Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. Continued from the last meeting, a request by Cameron Calder for preliminary plat approval of an eight lot commercial subdivision on property located south of Two Mile Drive and west of the Gateway West Mall north of the existing Crop Hail building in the west part of Kalispell. The property contains approximately 11.312 acres and the lots range in size from 0.42 of an acre to 3.32 acres. The property is zoned B-3, a Community Business District. The property can be described as the Amended Plat of Gateway West Addition #34 located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana 2. A request by Whitefish Stage Development, LLC, for a revised conditional use permit to the proposed condominium multi -family development, Whitefish Stage Condominiums. The applicants are proposing a redesign of the previously approved project by proposing 214 duplex and four -plea units on approximately 38.4 acres rather than the previously approved 304 units consisting of duplex, six -plea and nine -plea units. This property has been annexed to the city of Kalispell and zoned RA-1, Low Density Residential Apartment, which lists multi- family dwellings as a conditionally permitted use. The condominiums would be done in six phases. Primary access to the development would be from Whitefish Stage Road and Granrud Lane. The property can be described as Assessor's Tract 2 in the northeast quarter of Section 31, Township 29 North, Range 21 West, PM.M., Flathead County, Montana. 3. A request for a conditional use permit by Steven C. Maw to allow the construction of a four-plex apartment unit on property zoned RA-1, Low Density Residential Apartment, which lists multi -family dwellings as a conditionally permitted use and would require a minimum of 3,000 square feet per dwelling. The property where the four -plea would be located is at the east end of California Street and the north end of Eight Ave. E.N. and contains approximately 12,197 square feet. The property can be described as Parcel A of COS 14785 (Assessor's Tract 23KB) located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request for a conditional use permit by Flathead Government Employees Credit Union to allow the expansion of a non -conforming use. The applicants are proposing the expansion of the existing bank facility on property zoned B-1, Neighborhood Buffer District. Banks are not allowed either as a permitted or conditionally permitted use in the B-1 zoning district, but any existing bank would be considered a non -conforming uses. Non -conforming uses may be allowed expansion up to a maximum of 50 percent subject to a conditional use permit. The existing 3,042 square foot bank would be expanded by adding an additional 655 square feet and expanding the drive -through facility. The banking facility is located at 660 Sunset Boulevard. The property can be described as Lots 3, 4, 5 and 6, Block 235 Addition #6 to Kalispell in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana 5. A request by Gaylon Owens for an initial zoning designation of R-4, a Two Family Residential district upon annexation into the city of Kalispell. The proposed R-4 zoning has a 6,000 square foot minimum lot size requirement and allows duplexes and single-family residences as permitted uses. The property proposed for annexation contains approximately 10.736 acres and lies on the south side of Sunnyside Drive, west of Ashley Creek in the southwest part Kalispell. The property is currently in the County zoning jurisdiction and is zoned R-1, a Suburban Residential zoning district which has a ♦ninimum lot size requirement of one acre and is intended as a single-family residential district. The purpose of the annexation and zoning is to accommodate future development which has not yet been proposed. The property proposed for annexation can be described as Assessor's Tracts 8 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 6. A request for a conditional use permit by Northwest Investments Partnership, LLP to allow the operation of a casino in a B-2, General Business, zoning district. Casinos are listed as a conditionally permitted use in the B-2 zoning district. The property is located at the northwest corner of North Meridian Road and Hwy 2 West (Idaho Street). The proposed casino would be located at the east end of Westbrook Square, north of the existing convenience store / gas station. The casino would occupy space in an existing building and operate in accordance with the provisions of their gaming license. The property address is 1011 Hwy 2 West and can be described as Lot 1, Block 1, Lewis & Clark Addition in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. Ci.` i V. 4 Thomas DirectorPlanning Madaaddl 28218-DUN-2-BLK2 0020200 ANDERSON, CLARA ELLEN 484 STH AVE EN KALISPELL MT 599013246 P 2821&DUN-2-BLK2 0020200 ANDERSON, SUE ELLYN 84 BTH AVE EN KALISPELL' MT 599013246P 2821&DUN-3-BLK2 0116650 BUCK, MILTON A A HELEN B 85 MT HIGHWAY 35 UNIT I KALISPELL MT 599010808 M 28218-DUN-4-BLK2 0116650 BUCK, MILTON A A HELEN B 4485 MT HIGHWAY 35 UNIT 1 KALISPELL MT 599010008 M 28218-20 0782575 COPELAND, SOSEPH L 6 SHARON S 560 9TH AVE EN KALISPELL MT 599013260 P 28218-D11N-12-BLK2 0166600 CORNELL REVOCABLE LIVING TRUST, ROBERT L 495 7TH AVE EN KALISPELL MT 599013726 M 28218-DUN-II-BLK2 04840BO JOHNSON, WILLIAM 7 PO BOX 10214 MISPELL MT 599043214M 2821E-KJO-1 OBRB575 KISER KATRINA B 496 9TH AVE E N L MT 599015459 P 2821E-DUN-II-BLK2 0404050 LAVADURE, EDWIN 6 PO BOX 10214 LL MT 599043214M 2821E-0UN-1-BLK2 0762461 MAROZ-ZO ANGELAM PO BOX 323 ID 83841OODOM 28218-23K 0880051 MC DONALD, CALLEN D 29656 COFFMAN BEACH RD OUNT MO 650720000 M 2821E-23BO 09615W MC DONALD, CALLEN D 29656 COFFMAN BEACH RO OUNT UKALISPELL—W9013767 MO 650720000 M 2 21B-NEA-I-NIOOOFE142 E032250 SEVENTH DAY ADVENTIST 1425 W MAIN ST N MT 597153257 M 2 218-NEA-1-W142 E038594 SHINING MOUNTAINS CHURCH OF RELIGIOUS SCIENCE 475 8TH AVE EN LL MT 599013245 M 8218-23B 0366600 SPRUNGER, PETER A 653 WHITEFISH STAGE RD LL Mi59 9013767M 2821E-21A 0892000 VALTINSON, LARRY 498 OTH AVE EN LL MT 599013245M Page 1 11/28/01 DETAIL Certificate of Survey NW '-q, Section 8, T28N R21 W, P.M., M. Flathead County, Montana euerar o.,® a .ra..t PAXCELC ,]• : �y .i'EABT OFROAD)3. z - FARCEL . O.t4ACflE i ....rw,s. a..... ar....a r.w„e..._ LE6EIUO • ,a �rrer.. i ; e .a.o • n .,�. '�',.. e'er"' m�`w.n.�.,. �•.` �.r".�.`r �:.� �.�� ."�.� ."`.,...+:oan.� ...,.......r.., i.....:: ....Teo.,. TTT .•; - oe..� ...m40ldSY135C0 •�• ZA e i '+gyp matu�[nre OF / 5 BA I [-2 7 i -4 23BA Dri zt e 23B I 20 co ! Ain 23 - -= 2 o A VICINITY MAP STEVEN MAW CONDITIONAL USE PERMIT TO CONSTUCT A FOUR PLEX APARTMENT UNIT IN RA—1, LOW DENSITY RESIDENTIAL APARTMENT DISTRICT CITY OF KALISPELL ZONING JURISDICTION PWT nexe tz/is/ai FILE KCU-01-8 SCALE 1" = loo' g�\sit�\kcu0=—e.dw9 7 A 028 ACRE WATER, POWER, TELL" F n UNE5 :RND AS i 3 �1 N 0 v 1 6 r 1. 1 NOTE. I. PARCEL 2. SEWER, / %FR 2 F /� 1