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06. Conditional Use Permit Amendment - Whitefish Stage DevelopmentREPORT TO: FROM: SUBJECT Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Conditional Use Permit — Whitefish Stage Condominiums MEETING DATE: February 4, 2002 BACKGROUND: This is a request by Whitefish Stage Condominiums LLC for a conditional use permit. The developers of this project have resubmitted their conditional use permit due to a substantial redesign of the condominium project. A previous conditional use permit was issued for 304 units in conjunction with the annexation of the property and initial zoning of RA-1, Low Density Residential Apartment, zoning district. The previously approved project included a multi -family condominium project comprised of duplex, six-plex and rune-plex units. As revised, the number of units would be reduced from 304 to 214 and would consist of duplex and four-plex units. Staff recommended approval of the conditional use permit subject to the conditions outlined in the staff report which are the same as those previously imposed by the Kalispell City Council. At the public hearing, Jay Billmayer representing the applicants, spoke in favor of the proposal and explained the redesign was in response to neighborhood concerns and further market research. There was one person from the neighborhood who spoke in opposition to the project citing concerns with the fencing and the bike path. concept and the market the developer intents to attract. The Kalispell City Planning Board held a public hearing at their regular meeting of January 15, 2002. One property owner in the neighborhood spoke in opposition to the project citing concerns with the appearance of the fencing and potential impacts to the bike trail along Whitefish Stage Road. A motion was made and passed unanimously to forward a recommendation that the conditional use permit plat for Whitefish Stage Condominiums be approved subject to the recommended conditions. RECOMMENDATION: A motion to approve the conditional use permit for Whitefish Stage Condominiums subject to conditions would be in order FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Whitefish Stage Condominiums Conditional Use Permit January 25, 2002 Page 2 Respectfully submitted, %*A ?. VX-- Narda A. Wilson Senior Planner Report compiled: January 25, 2002 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter and Exhibit A (conditions of approval) Staff report KCU-01-7 and application materials Draft minutes from 1/ 15/02 planning board meeting H: \FRDO \TRANSMIT\KALISPEL\2001 \KCU-01-75MEMO.DOC City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 AMENDED GRANT OF CONDITIONAL USE APPLICANT: Jim Purdy, agent for Whitefish Stage Development, LLC 236 Wisconsin Avenue Whitefish, MT 59937 LEGAL DESCRIPTION: Assessor's Tract 2 in the northeast quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: Low Density Residential Apartment, RA-1 The applicant has resubmitted its application to the City of Kalispell for a conditional use permit to allow for a 214-lot residential condominium subdivision on approximately 38.4 acres. The applicants are proposing a four phase, multi -family condominium project which would include the construction of duplex and four-plex units. The previous conditional use permit would have allowed 304 units in six phases in duplex, six-plex and nine-plex units. 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 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-01-7 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the construction of a 214-lot residential subdivision in the RA-1 zoning district subject to the following conditions: 1. Development of the subdivision shall be in substantial compliance with the approved site plan and preliminary plat which governs the number of dwellings within the subdivision, common areas and roadways within the subdivision. 2. The location and number of multi -family units within the development may be modified provided that the overall number of units does not exceed 214 dwellings. 3. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. 4. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision. 5. A stormwater drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. G. That the developer shall obtain written approval for the proposed approaches onto Whitefish Stage Road by the Montana Department of Transportation, Flathead County Road Department and from the Kalispell Public Works Department for Granrud Lane and any conditions or improvements associated with the approvals be completed prior to final plat submittal. 7. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. 8. That an overall landscape plan for the site that incorporates perimeter landscaping as well as street trees and landscaping within the common area be submitted to the Kalispell Parks and Recreation Department for review and approval. 9. The developer shall provide a plan for mail service approved by the U.S. Postal Service. 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 11. All utilities shall be installed underground. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. That a homeowners association be established for the maintenance of the common area based upon a pro-rata share of costs. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. The developer shall upgrade Granrud Lane to City standards in accordance with the City of Kalispell's Design and Construction Standards for street width, curbs, gutters and sidewalks within 24 months of final approval of Phase I, after which time, if the developer is unable or unwilling to complete the upgrades, a bond shall be posted in the amount of 125 percent of the remaining improvements which are then to be completed within 12 months. 17. That the developer shall obtain written permission from the Village County Sewer District for use of its sewage collection system or for expansion of the district boundaries; provided, however, that any connection to or expansion of the Village County Sewer District does not result in the extension of the payoff of any bonded indebtedness. 18. That a letter be obtained from the Evergreen Water and Sewer District stating that they have reviewed and approved the plans and specifications for the new water facilities serving the subdivision. 19. That the proposed common recreational facilities be accepted by the City of Kalispell as satisfying the parkland dedication requirements and that they shall be completed in Phase I of the development. 20. The developer shall demonstrate that a document has been filed with the Flathead County Clerk and Recorder's Office designating a ten foot right-of-way reserve along Whitefish Stage Road for purposes for future acquisition prior to the issuance of a building permit. 21. That the conditional use permit shall run concurrently with the approved preliminary plat and the conditional use permit shall not expire unless the preliminary plat approval also expires. 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 Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net January 25, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - Whitefish Stage Condominiums Dear Chris: The Kalispell City Planning Board met on January 15, 2002, and held a public hearing to consider a request by Whitefish Stage Condominiums LLC for a conditional use permit. The developers of this project have resubmitted their conditional use permit due to a substantial redesign of the condominium project. A previous conditional use permit was issued for 304 units in conjunction with the annexation of the property and initial zoning of RA-1, Low Density Residential Apartment, zoning district. The previously approved project included a multi -family condominium project comprised of duplex, six-plex and nine-plex units. As revised, the number of units would be reduced from 304 to 214 and would consist of duplex and four-plex units. Narda Wilson, of the Tri-City Planning Office, presented staff report KCU-01-7, noting the density reduction and redesign of the internal roadways. Staff recommended approval of the conditional use permit subject to the conditions outlined in the staff report which are the same as those previously imposed by the Kalispell City Council. At the public hearing, Jay Billmayer representing the applicants, spoke in favor of the proposal and explained the redesign was in response to neighborhood concerns and further market research. There was one person from the neighborhood who spoke in opposition to the project citing concerns with the fencing and the bike path. After the public hearing and board discussion, a motion was made and passed unanimously to forward a recommendation to the city council that the conditional use permit be granted subject to 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 Whitefish Stage Condominiums Conditional Use Permit January 25, 2002 Page 2 Sincerely Kalispell City Planning Board Z ()C� y Ron Van Natta President RVN/NW Attachments: Exhibit A (conditions of approval) Staff report KCU-01-7 and application materials Draft minutes 1/ 15/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Jim Purdy, Whitefish Stage Development, LLC, 236 Wisconsin Ave. Whitefish, MT 59937 Billmayer Engineering, 2191 Third Ave East, Kalispell, MT 59901 H:\FRDO\TRANSMIT\KALISPEL\2001 \KCU-01-7.DOC Whitefish Stage Condominiums Conditional Use Permit January 25, 2002 Page 3 EXHIBIT A CONDITIONAL USE PERMIT FOR WHITEFISH STAGE CONDOMINIMUMS CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JANUARY 15, 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. Development of the subdivision shall be in substantial compliance with the approved site plan and preliminary plat which governs the number of dwellings within the subdivision, common areas and roadways within the subdivision. 2. The location and number of the dwelling units within the development may be modified provided that the overall number of units does not exceed 214 dwellings. 3. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. 4. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision. 5. A stormwater drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. 6. That the developer shall obtain written approval for the proposed approaches onto Whitefish Stage Road by the Montana Department of Transportation, Flathead County Road Department and from the Kalispell Public Works Department for Granrud Lane and any conditions or improvements associated with the approvals be completed prior to final plat submittal. 7. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. Whitefish Stage Condominiums Conditional Use Pennit January 25, 2002 Page 4 8. That an overall landscape plan for the site that incorporates perimeter landscaping as well as street trees and landscaping within the common area be submitted to the Kalispell Parks and Recreation Department for review and approval. 9. The developer shall provide a plan for mail service approved by the U.S. Postal Service. 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 11. All utilities shall be installed underground. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. That a homeowners association be established for the maintenance of the common area based upon a pro-rata share of costs. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. The developer shall upgrade Granrud Lane to City standards in accordance with the City of Kalispell's Design and Construction Standards for street width, curbs, gutters and sidewalks within 24 months of final approval of Phase I, after which time, if the developer is unable or unwilling to complete the upgrades, a bond shall be posted in the amount of 125 percent of the remaining improvements which are then to be completed within 12 months. 17. That the developer shall obtain written permission from the Village County Sewer District for use of its sewage collection system or for expansion of the district boundaries; provided, however, that any connection to or expansion of the Village County Sewer District does not result in the extension of the payoff of any bonded indebtedness. 18. That a letter be obtained from the Evergreen Water and Sewer District stating that they have reviewed and approved the plans and specifications for the new water facilities serving the subdivision. Whitefish Stage Condominiums Conditional Use Permit January 25, 2002 Page 5 19. That the proposed common recreational facilities be accepted by the City of Kalispell as satisfying the parkland dedication requirements and that they shall be completed in Phase I of the development. 20. The developer shall demonstrate that a document has been filed with the Flathead County Clerk and Recorder's Office designating a ten foot right-of-way reserve along Whitefish Stage Road for purposes for future acquisition prior to the issuance of a building permit. 21. That the conditional use permit shall run concurrently with the approved preliminary plat and the conditional use permit shall not expire unless the preliminary plat approval also expires. H: \... \TRANSMIT\KALISELL\2001 \KCU-01-7.DOC 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 Gramud 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 DRAFT Public Comment - Opponents John Garfield, 2026 Mission Way South, said he was directly across from where the main entrance to the development will be and he had concerns about the new plan because it calls for a short concrete wall and fence. It still looks like it will be nine feet tall, with three feet of berm, three feet of wall, and three feet of iron work and he still considers it to look like a compound area. Garfield said one other concern was the new bike path that ran in front of the project on Whitefish Stage Road and what the impact would be on the path if a nine -foot wall and berm was built. Garfield asked who would address the problem of snow building up on the berm and falling onto the trail and the road. Garfield said these issues needed to be addressed tonight. Atkinson moved that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-01-7 as findings of fact and forward a recommendation to the Kalispell City Council to grant the conditional use permit for Whitefish Stage Condominiums subject to the 21 conditions as listed. Rice seconded the motion. Jay Billmayer explained that the fencing would comply with the zoning requirements and was just under six feet tall. The fence would not be located next to the property boundary but rather setback substantially from the property boundary and that it should not pose a problem for access to the trail. The board discussed the redesign of the project and the zoning requirements for fencing, fence height and the location of the fence near the corners of the property. The motion to approve the project subject to conditions passed unanimously upon a roll call vote. Gavlon Owens Annexation and Initial R-4 Zonine Narda Wilson of the Tri-City Planning Office presented staff report KA-01-8 saying staff was recommending an initial zoning classification of R-4, a Two Family Residential district with a minimum lot size of 6,000 square feet, upon annexation to the city limits. Currently the developer does not have specific plans for subdividing the property but intends to do so in the near future. Public Comment - Proponent No one spoke in favor of the proposal. Public Comment - Opponents Lila Crookenburg, 1204 Sunnyside Drive, said she was neither for nor against the request, but did express concern regarding the additional traffic that would be generated from the development. Crookenburg said they sold had some of their property to the State for the future by-pass which would result in a lot more traffic on Sunnyside Drive because it would be a feeder road into Kalispell. Crookenburg said most of the surrounding area was five and ten -acre tracts and this zoning classification wouldn't enhance their property or life style any. Kalispell City Planning Board Minutes January 15, 2002 Page 4 WHITEFISH STAGE CONDOMINIUMS TRI-CITY PLANNING OFFICE STAFF REPORT #KCU-01-7 JANUARY 8, 2002 A report to the Kalispell City Planning Board and the Kalispell City County regarding a conditional use permit to allow a 214 unit multi -family condominium development in an RA-1 zoning district. A public hearing has been scheduled before the planning board for January 15, 2002 beginning at 7:00 PM in the Kalispell City Council Chambers in Kalispell. BACKcaRo[7Nn rxFnRnRaTToh The developers of this project have resubmitted their conditional use permit due to a substantial redesign of the condominium project. A previous conditional use permit was issued for 304 units in conjunction with the annexation of the property and initial zoning of RA-1, Low Density Residential Apartment, zoning district. The property has been annexed A. Applicant: Jim Purdy, Agent for Whitefish Stage Development, LLC 236 Wisconsin Ave. Whitefish, MT 59937 (406) 862-2311 Technical Assistance: Billmayer Engineering 2191 Third Ave East Kalispell, MT 59901 (406) 257-8708 B. Location and Size: The property is located on the west side of Whitefish Stage Road and north of Granrud Lane in the northeast part of Kalispell. The parcel contains approximately 38.4 acres and 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. Nature of Request: The applicants have made substantial changes to the previously approved conditional use permit that would have allowed the construction of 304 condominium units on approximately 38.4 acres. The previously approved project included a multi -family condominium project comprised of duplex, six-plex and nine-plex units. As revised, the number of units would be reduced from 304 to 214 and would consist of duplex and four- plex unit. All of the units would be individually owned and the homeowners would pay into an association for the maintenance of the common elements including, but not limited to, the landscaping, clubhouse and fencing. The development would be built with four phases rather than six, as previously proposed. Accesses to the development would not be changed with primary access to the development from Whitefish Stage Road and secondary access from Granrud Lane. 1 Phase I would be located in the northeast corner of the development with access from Whitefish Stage Road. This phase would include 13 duplex units and four four-plex units for a total of 46 units. This phase would include the construction of the clubhouse and the main entrance onto Whitefish Stage Road. Phase II would generally be located in the southwest portion of the development with 11 duplex and nine four-plex units for a total of 58 dwellings. Phase III would be located in the northwest portion of the site and would include ten duplex units and eight four-plex units for a total of 58 units in Phase III. Phase four would be located in the southwest corner of the site and would include 11 duplex units and nine four-plex units for a total of 58 units. As indicated on the site plan, the roadway system forms an octagon loop within the site, with "driveways" serving the interior units. Within the center of the site is an open space common area. All of the infrastructure within the development would be constructed to City standards. C. Existing Land Use and Zoning: The property has been used for agricultural production in the past and is otherwise undeveloped. With the previous review of the proposal, the property was annexed into the city of Kalispell and has City zoning designation of RA-1, Low Density Residential Apartment. The apartment zoning allows multi -family dwellings with a conditional use permit. D. Surrounding Zoning and Land Uses Zoning: The area is characterized by duplex residential development on lots in the area to the south with all of the other surrounding area being single family. This area can be described as a transition area between the higher density urban residential development to the south that has public water and sewer and the lower density suburban residential developments to the north that do not have public water and/or sewer, but rather on -site sewage treatment system and wells or community water systems. North: Single family homes in Country Village No. 2, County R-1 zoning East: Single family homes in Mission Village #4, County R-1 zoning South: Duplex and single family homes in Buffalo Stage Phase V, City RA-1 zoning West: Single family homes on large tracts, County R-1 zoning. E. Master Plan Designation: This property is in the Kalispell City -County planning jurisdiction and the master plan map for this property is designated as Suburban Residential. This designation anticipates up to two dwelling units per gross acre because these areas are not typically served by community water and sewer. In the event that public water and sewer become available in these areas, the plan encourages reconsideration for a higher density. The next highest density is Urban Residential which anticipates a density of two to eight dwelling units per gross acre. The Urban Residential areas would have public water and sewer available as well as access to services and public facilities. The revisions to the development reduce the density to approximately 5.5 dwelling units per acre rather than the previously proposed design which had gross density of eight dwellings per acres. The revised development would fall somewhere in the middle of what the Urban Residential density would anticipate. The proposed development is in substantial compliance with the master plan. 2 F. G. Utilities/Services: Water: Evergreen Water District Sewer: City of Kalispell Solid Waste: City of Kalispell or private hauler Gas: Montana Power Company Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: School District #5, Kalispell, Edgerton School Police: City of Kalispell Evaluation of the Request: a. Adequate Useable Space: The entire site of the development contains approximately 38.4 acres that will ultimately contain 214 dwelling units based on a four-plex and duplex design. The overall density of the development will be approximately 5.5 dwelling units per acre or a density of one dwelling per 7,918 square feet. As indicated on the site plan, all of the dwellings have adequate access and comply with setback requirements and parking standards. b. Adequate Access: Primary access to the development will be from Whitefish Stage Road which will be developed during the first phase. Segments of this roadway are in marginal conditional, particularly to the south of this property. However, the roadway segment fronting this property appears to be in fair condition. Whitefish Stage Road is scheduled for upgrading in the spring of 2002 which would include some widening of the shoulders, ditching and an asphalt overlay. It will not remove the curve near the Stillwater River Bridge nor will it significantly widen the roadway. A bike and pedestrian path was recently completed along Whitefish Stage Road which runs from West Reserve Drive to a bridge that will cross the Stillwater River to the west. The bike and pedestrian path runs along the east side of this property. As part of the review for the new access onto Whitefish Stage Road, it is likely that a turn land would be needed from Whitefish Stage Road to access the development. Additional traffic onto Whitefish Stage Road could exacerbate existing problems because of the potential traffic volumes and current traffic levels. The segment of Whitefish Stage Road between West Reserve Drive and the Stillwater Bridge is the third busiest County road. Additional traffic entering and leaving Whitefish Stage Road from this development will create additional impacts to the roadway and traffic in the area. Another access, which will serve as a secondary access, will be developed from the southwest portion of the site onto Granrud Lane. This new access will create and intersection with Granrud Lane and Buffalo Stage. Granrud Lane was upgraded to County standards and 3 paved to within the last several years in conjunction with the development of the Buffalo Stage development to the south. However, this upgrade did not include curb, gutter and sidewalks. As part of the previous proposal, the developers agreed to upgrade Granrud Lane to include curb, gutter and sidewalks within 24 months of final approval of Phase I, after which time if the improvements have not been completed, the developer will post a bond for the remaining improvements that insures the improvements will be completed within 12 months. The cost of the improvements will be bome entirely by the developer. There will be one primary internal roadway that forms an octagon loop through the development with shorter private driveways that will provide access to some of the units. The internal loop roadway for the development will be constructed roads to City standards and would include curb, gutter, sidewalks and a landscape boulevard. C. F.nvirnnmental Qonstraints: There are no obvious environmental constraints associated with this property. The site can be described as generally level with very little slope overall. There is no surface water in the immediate area. No impacts to the groundwater can be anticipated because this property is served by community water and sewer systems. The property is designated as being located entirely in flood zone C, according to FIRM Panel #1810 dated 10/16/96. An engineered drainage plan using on -site retention methods will be required as part of the overall infrastructure development plan. a. Parking Scheme: Each of the individual units would be required to have two parking spaces per dwelling plus a half a unit per dwelling for overflow parking or 428 parking spaces for the dwellings and 107 additional parking spaces for a total of 535 parking spaces. As designed, each of the dwelling units has a two -car garage and most of the units have enough space in front of the garage for two additional vehicles. Additional parking has been provided within the project, most notably near the clubhouse and at the end of each of the internal driveways. As currently designed it would appear that the proposed parking plan complies with the requirements of the Kalispell Zoning Ordinance. b. Traffic Circulation: Traffic enters this site from either of two proposed accesses, one from Whitefish Stage Road and one from Granrud Lane. The Whitefish Stage access will be developed as part of Phase I and will function as the main access for the development. The Granrud Lane will function as a secondary access and will be developed within 24 months of the final approval of Phase I. Internal traffic circulation will be accomplished by way of an octagon shaped internal roadway that will serve as the backbone for the development. From this primary internal roadway, smaller driveways 0 have been proposed that will serve some of the interior units. At the end of the driveways a modified "T" turnaround has been proposed that will allow removal of snow into the common area at the center of the site and will provide for fire truck turnaround. Internal traffic circulation is good with regard to the residents within the development and emergency access. Access from Granrud Lane to the south of the development will provide an extension of Buffalo Stage, creating a new four-way intersection, and good secondary access to the development. The accesses from Whitefish Stage Road and Granrud Lane provides good through traffic and good circulation overall. C. Open Space: There are no specific open space requirements for this type of use other than the standard requirements for the RA-1 zoning district of 20 feet in the front and rear and ten feet on the sides. As indicated on the site plan, all of the units comply with the RA-1 setback requirements. Additional setbacks have been placed around the perimeter of the site in some areas particularly to the east along Whitefish Stage Road. At the east end of the site, the closest building is indicated to be 40 feet from the property boundary with the other units being located at least 20 feet from the property boundary. There is a primary open space area near the center of the site that will be developed later with a recreational or landscape feature. d. Pen cing-/Screening4l andsc in : Perimeter fencing is proposed around the development that will consist of a combination of berming and fencing. As proposed there will be an approximately two to three foot landscaped berm and fencing placed on top of the berm. The fencing cannot exceed six feet in height if it is located within the required 20-foot setback area. The berming and fencing is intended to provide some landscaping and privacy for the homeowners as well as buffering and screening between the development and adjoining properties. Decorative deciduous trees are planned for the perimeter of the site as well as being placed within the landscape boulevard along the internal roadway. Additional internal landscaping will be done as part of the development and will be maintained by the homeowners association as a common amenity. An overall landscape plan should be developed for the project and submitted to the Kalispell Parks and Recreation Department for review and approval prior to the issuance of a building permit. e. Sim: Limited signage has been proposed at both entrances to the development and have been indicated on the site plan. The sign will be integrated into the landscaping and entryways for the development. The Kalispell Zoning Ordinance allows one sign not to exceed 24 square feet for multi -family dwellings and one development sign not to exceed 20 square feet. At the time the sign is placed the developers will be required to obtain a sign permit and to comply with the zoning ordinance. 5 a. Schools: School District #5 would provide educational services for the developed. Edgerton Elementary School lies to the south of the site and is within easy walking distance from the development. The school district explained that Edgerton School has a capacity to accommodate 568 children. In the fall of 2001 the school capacity was 548 students. The new residences in the area have the potential to generate an additional approximately 107 school -aged children into the district that would attend either the elementary or secondary schools. It is possible that not all of the additional children who live in the area would be able to attend the Edgerton School based on current enrollment rates. However, the school district has stated that they will be able to accommodate all of the additional children who might need public education services whether by placing them in the local elementary school or by busing to under utilized elementary schools in the district. The proposed development could have a substantial impact on the elementary school in the area, but all needed educational services will be provided by the district. b. Parks and Recreation: There is a public park and playground in close proximity to the development at the Edgerton School playground that lies to the south of this development and a County park that lies on the east side of Whitefish Stage Road. Within the development itself there will a clubhouse that will be developed as part of Phase I that will be available for all of the residents of the development. Common areas within the development will serve as a passive recreational amenity with the development. Impacts to the existing parks and recreation programs would be minimal. C. Police: This property is within the jurisdiction of the Kalispell Police Department and the department would be able to adequately accommodate any additional impacts to the department as a result of this development. d. Ei= Prnt=tinn: Fire protection is to be provided by the City of Kalispell. Fire risk appears to be low because of the topography and relatively good access to the area. The Kalispell Fire Marshal has reviewed the proposed design for the development specifically the modified "T" turnaround at the end of each driveway. The design of the turnaround areas, length of the driveways and overall fire access for the development has been preliminarily reviewed and approved by the fire marshal. The Kalispell Building Department will review the all of the structures for building code compliance at the time of construction. C. Water: The property is in the district boundaries of the Evergreen Water District and they will provide water service to the development. They have existing mains within immediate proximity of the site. Currently an 8" water main lies to the south of the site in Buffalo Stage Phase V from Buffalo Stage and another 12" main lies further to the east. Water mains will be extended from their existing location to the furthest 2 property boundary of the development to provide for the logical extension of the lines in the future. The extension of the new water mains will provide the Evergreen Water District with an opportunity to loop their water system in the area and to provide for necessary fire flows. Looping the system will apparently be needed to provide adequate flows to the fire hydrant system. Fire hydrants will be required to be located in accordance with the Uniform Fire Code and as approved by the Kalispell Fire Department. The water system for the development will be reviewed and approved by the Evergreen Water District and the Montana Department of Environmental Quality for compliance with their design standards and specifications. Impacts to the system will be minimal as a result of this use. f. Sewer: Sewer service will be provided by the City of Kalispell via the North Village Sewer District. Sewer mains are located to the south of this site in Buffalo Stage Phase V and will be extended to the north to accommodate this development. The North Village Sewer District has an agreement with the City of Kalispell which allows the District to treat the effluent from their district in the Kalispell sewer treatment plant. The City has agreed to allow the District to maintain ownership of the sewer mains until such time as the construction bonds have been paid off. After the bonds are paid in full, the City will take ownership of the mains. In the interim, the District collects the connection fees received as the area develops. The Kalispell Public Works Department maintains and operates the sewer system within the North Village Sewer District and would like to take over the system in its entirety and be allowed to collect the connection fees. Any expansion of the North Village Sewer District boundaries that would result in the postponement of the City's ownership of the system should be discouraged. According to the agreement between the City and the District the bonds would be paid off within ten years or in August of 2002. It is anticipated that the bonds will be paid off at that time and the City will take over the ownership of the sewer system currently owned by the North Village Sewer District. g. Solid Waste: Solid waste will be collected by the City of Kalispell and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from the development. h. Roads- Traffic projections for this development are estimated to be approximately 800 additional vehicle trips per day at full build out based on the Tdp Ceneration Manual published by the Institute of Transportation Engineers. This is based on the residential condominium / townhouse modes. The roads within the development will be constructed City standards and would include curb, gutter, sidewalks and landscape boulevards within the development. As previously mentioned, the primary access to the development will be from Whitefish Stage Road and will be developed as part of Phase I. The segment of Whitefish Stage Road between West Reserve Drive and the 7 Stillwater River Bridge is the third busiest County road and in 1997 had a daily average of 4,284 vehicle trips. Granrud Lane will provide access to the development from the south and would be developed as part of this proposal. The Granrud Lane access would be developed within 24 months of the final approval of Phase I and if the roadway has not been completed at that time a bond would be posted for the remaining improvements to be completed within an additional 12 months. Essentially Granrud would be completed within 36 months of the final approval for Phase I. This upgrade would include curb, gutter and sidewalks on both side of Granrud Lane. A traffic study assessing the impacts to Whitefish Stage Road from the development and Granrud Lane and the identification of mitigation measures would be required by the City of Kalispell Public Works Department as part of their review process for the infrastructure for the development. The roadways serving the development are currently in the County and are constructed to County standards. The entire length of Granrud Lane is contiguous to the City to the south and after this property is annexed with be contiguous to the City to the north as well. The City has been working with the County on annexation of several roadways and Granrud Lane is one of the roads proposed to be annexed. Roads in the area appear to be generally adequate to accommodate the additional traffic generated by this development. Some improvements to the roadways may be needed in order to mitigate potential impacts. i. ImmediateNeighborhood Impact: The general character of this neighborhood is single family residential with some businesses in the area to the north and south along Whitefish Stage Road. Potential additional traffic generated from the development would be significant because of the density proposed. The redesign of the development has resulted in a significantly reduced density and hence a reduction of the impacts related to traffic. The redesign has also eliminated the six-plex and nine-plex units and replaced them with four plex units. Essentially all of the dwellings within the development will be of a duplex or four- plex design. This was done in an attempt to create a better design within the development and to create a development that is more compatible with the other residences in the immediate area The overall density is generally consistent with other development in the area that has access to public water and sewer. The larger homes to the north, east and west have been developed without public water and sewer and are necessarily located on larger parcels to accommodate on - site sewage treatment systems and in some cases the development of private wells. This project provides needed housing options to single family and traditional duplex town -homes in that they offer less maintenance and communal amenities. And although the multi -family condominiums are somewhat "different" than the traditional single-family homes in the area, the development overall should prove to be generally compatible e with other development in the area and provide needed density and housing n the residential marketplace. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, no inquiries have been received by staff from property owners in the area or from others. The Kalispell Site Development Review Committee reviewed this proposal on December 27, 2001 and January 3, 2002. The minutes from those meetings have been included with the staff report. There was general consensus among the Committee that the redesign of the overall development was more compatible with the surrounding properties. The site has adequate usable space for access and parking, and there are no significant environmental constraints which would limit development 2. The overall design of the site is in substantial compliance with the development standards and requirements of the Kalispell Zoning Ordinance for the RA-1 zone and multi -family dwellings. Public services such as community water and sewer, schools, fire protection and roadways in the area are generally adequate to accommodate the development. 4. The development will not pose significant adverse impacts to the character of the area. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-01-7 as findings of fact and forward a recommendation to the Kalispell City Council to grant the conditional use permit for Whitefish Stage Condominiums subject to the following conditions: Development of the development shall be in substantial compliance with the approved site plan and preliminary plat which governs the number of dwellings within the development, common areas and roadways within the development. 2. The location and number of multi -family units within the development may be modified provided that the overall number of units does not exceed 214 dwellings. That the roadways serving the development shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, W sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. 4. That a Certificate of Development Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the development. 5. A stormwater drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. 6. That the developer shall obtain written approval for the proposed approaches onto Whitefish Stage Road by the Montana Department of Transportation, Flathead County Road Department and from the Kalispell Public Works Department for Granrud Lane and any conditions or improvements associated with the approvals be completed prior to final plat submittal. 7. The roads within the development shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. 8. That an overall landscape plan for the site that incorporates perimeter landscaping as well as street trees and landscaping within the common area be submitted to the Kalispell Parks and Recreation Department for review and approval. 9. The developer shall provide a plan for mail service approved by the U.S. Postal Service. 10. Street lighting shall be located within the development and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 11. All utilities shall be installed underground. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the development shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. 13. That a minimum of two-thirds of the necessary infrastructure for each phase of the development shall be completed prior to final plat submittal. 14. That a homeowners association be established for the maintenance of the common area based upon a pro-rata share of costs. 10 15. All areas disturbed during development of the development shall be re - vegetated with a weed -free mix immediately after development. 16. The developer shall upgrade Granrud Lane to City standards in accordance with the City of Kalispell's Design and Construction Standards for street width, curbs, gutters and sidewalks within 24 months of final approval of Phase I, after which time, if the developer is unable or unwilling to complete the upgrades, a bond shall be posted in the amount of 125 percent of the remaining improvements which are then to be completed within 12 months. 17. That the developer shall obtain written permission from the North Village Sewer District for use of its sewage collection system or for expansion of the district boundaries; provided, however, that any connection to or expansion of the District does not result in the extension of the payoff of any bonded indebtedness. 18. That a letter be obtained from the Evergreen Water and Sewer District stating that they have reviewed and approved the plans and specifications for the new water facilities serving the development. 19. That the proposed common recreational facilities be accepted by the City of Kalispell as satisfying the parkland dedication requirements and that they shall be completed in Phase I of the development. 20. The developer shall demonstrate that a document has been filed with the Flathead County Clerk and Recorder's Office designating a ten -foot right-of-way reserve along Whitefish Stage Road for purposes for future acquisition prior to the issuance of a building permit. 21. That the conditional use permit shall run concurrently with the approved preliminary plat and the conditional use permit shall not expire unless the preliminary plat approval also expires. 11 iaa 0000 11111111111100 BILLMAYER ENGINES December 11, 2001 Mr. Tom Jentz Tri-City. Planning Office 17 Second St. East, Suite 211 Kalispell, MT 59901 RE: Whitefish Stage Condominium Subdivision, Revised Conditional Use Permit Dear Mr. Jentz, The following are submitted for your review and presentation to the Planning Board and the City of Kalispell. 1. Application for Conditional Use Permit, City of Kalispell 2. Review Fees A. Ck# 2120 - $1,370.00 — Conditional Use Permit 3. List of Adjoining Land Owners (3 Copies) 4. Title Report (Commitment for Title Insurance Three Copies) This information is submitted with the intention of being presented at the January 2002 Planning Board Meeting. Any additional information you may require will receive our prompt attention. Respectfully Submitted, BILLMAYER ENGINEER] J Jay RECEIVED DEC 11 2001 TRI-CRY PLANNING OFFICE 2191 Third Avenue East • Kalispell, Montana 59901 • (406) 257-8708 • FAX (406) 257-8710 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (4061 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED OWNER(S) OF RECORD: Residential Condominiums Jim Purdy, Agent for Name:_ Whitefish Stage Development LLC Mailing Address: 236 Wisconsin Avenue City/State/Zip: Whitefish, MT 59937 Phone: 406-862-2311 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Billmayer Engineering Mailing Address: 2191 Third Avenue East City/State/Zip: Kalispell, MT 59901 Phone: 406-257-8708 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Pending Sec. Town- Range Address: Whitefish Stage SE14, NE'; No. 31 ship 2 9 N No. 21W To Be: Subdivision Tract Lot Block Name: Whitefish Stage Condominiums No(s). No(s). No. 1. Zoning District and Zoning Classification in which use is proposed RA-1 - Kalispell 2. Attach a plan of the affected lot which identifies the following items: See Preliminary Plat 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. 1 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 sub i ection with this application be incorrect or untrue, I understand that any proval base reon may be rescinded, and other appropriate action taken. The sign' of this applicati signifies approval for the Tri-City Planning staff to be present on the perty for rou ' e monitoring and inspection during the approval and '- ---' -- .. ...__ Applicant Signat Date V.i 200123210270 EXHIBIT A A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M., M., FLATHEAD COUNTY, MONTNAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northwest comer of the Southeast Quarter of the Northeast Quarter of Section 31, Township 29 North, Range 21 West, P.M., M., Flathead County, Montana; Thence along the north boundary of said SE '/4 NE %4, N89° 48' 03" E1300.85 feet to a set iron pin on the westerly R/W of a 60 foot deeded county road known as Whitefish Stage; Thence along said westerly R/W S00° 30' 39" E1281.24 feet to a set iron pin on the northerly R/W of a 40 foot deeded county road known as Granrud Lane; Thence along said northerly R/W S89° 43' 08" W 1308.41 feet to a set iron pin on the west boundary of said SE %4 NE ! � : Thence leaving said R/W and along said west boundary N00° 10' 22" W 1283.09 feet to the point of beginning and containing 38.401 ACRES: Subject to and together with all appurtenant easement of record. Also known as TR1, CS 14771 CONDITIONAL USE PERMIT For WHITEFISH STAGE CONDOMINIUMS 3. TOPIC DISCUSSION a. Traffic Flow and Control The subdivision, when fully developed, will generate approximately 800 vehicle trips per day onto Whitefish Stage Road. Traffic from Whitefish Stage Condominiums will exit onto Whitefish Stage Road. The existing road system will safely accommodate the additional traffic. The existing road system serves surrounding residential developments and this additional traffic will not significantly impact their capacity. The existing right of way width is standard 60 feet. Traffic control for vehicles leaving the subdivision and entering Whitefish Stage Road will be via a stop sign at the intersection. b. Access To and Circulation Within the Property Primary access to the subdivision will consist of a left or right turn off Whitefish Stage Road. A secondary access point will be constructed in the southwest portion of the subdivision as a branch off the main roadway within the subdivision, which will connect to and form an intersection with Granrud Lane and Buffalo Stage Road. C. Off Street Parking and Loading A total of 518 off-street parking spaces have been designed into the subdivision. These parking spaces include a garage and driveway parking space for each of the condominium units and an additional 90 separate off-street parking spaces, scattered throughout the development. d. Refuse and Service Areas The City of Kalispell provides refuse collection at individual residences. The service includes recycling. The non -recyclable waste is disposed at the Flathead County Landfill. e. Utilities The electrical power utility serving this area is Flathead Electric Cooperative. Century Tel will provide telephone service to the development. Montana Power is the natural gas provider for this area. Water service will be through the Evergreen Water District while the development's Sanitary Sewer facilities will connect to North Village Sewer District, which in turn connects to the City of Kalispell's sanitary sewer system. All utilities are proposed to be constructed underground. CONDITIONAL USE PERMIT FOR THE WHITEFISH STAGE CONDOMINIUMS Page 1 f. Screening and Buffering Decorative deciduous trees are planned for the perimeter of the development. In addition, a 3.5-foot high, stucco -faced concrete masonry wall is also planned for the perimeter of the subdivision (see Details included on Site Plan). g. Signs. Yards and Other Open Spaces The only signs on the property will be located on the perimeter wall, on each side of the entrance to the development, identifying it as "Whitefish Stage Condominiums". All non -building and non -road property within the development will be landscaped "common area", owned and maintained by the homeowners association. h. Height. Bulk and Location of Structures All residential condominiums within the development will be two stories in height. The only other building will be a "Clubhouse' facility open to property owners for communal gatherings, meetings, etc. I will be a single story building occupying the island near the main entrance to the subdivision off Whitefish Stage. Each condominium unit (duplex, or 4-plex) will front one of the interior streets and will conform to all setback requirements. i. Location of Proposed Open Space Uses Near the east entrance will be the location of the "Clubhouse" facility discussed earlier. The center island will contain a decorative fountain or other prominent landscape feature, which will be the centerpiece of the development. All other open space surrounding the condominium units will be landscaped lawn areas with trees, shrubs and flower garden areas. j. Hours and Manner of Operation As a residential area, it will be accessible to the property owners and their guests on a 24-hour a day basis. A homeowners' association will be responsible for enforcing the covenants and other rules established for the development. k. Noise, Light, Dust, Odors, Fumes and Vibration The subdivision covenants will address each of these issues in a proactive manner. Other than at times of construction, during which some minor episodes of each may occur, no adverse effects from any of these annoyances will be allowed. CONDITIONAL USE PERMIT FOR THE WHITEFISH STAGE CONDOMINIUMS Page 2 Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net MEMORANDUM 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-Plex 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 taking 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 SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY Thursday, December 27,2001 Building Department Conference Room ATTENDING: Dick Amerman, Asst. City Engineer Mike Baker, Parks & Rec. Director Jim Brown, Assistant Police Chief Craig. Ker®an, Budding Official Chris Kukulski, City Manager Dick Seddon, Fire Marshall P. J. Sorensen, Zoning Administrator, Chair Kathy Kublin, Recording Secretary OLD BUSINESS: NEW BUSINESS: Planning Board Items: Preliminary Plat, Gateway West - Dick A. asked if anyondhad spokenwith 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 8' 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 TCPO - 2001 Zone Change, Variance, Conditional Use, PUD CERTIFICATION APPLICANT: WHITEFISH STAGE DEVELOPMENT TCPO FILE NO: #KCU-01-7 (WHITEFISH STAGE CONDOS) 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 ap lication. Date: /9 - ' 2- 0 JIM PURDY WHITEFISH STAGE DEVELOPMENT LLD 236 WISCONSIN AVE WHITEFISH MT 59937 JAY BILLMAYER BILLMAYER ENGINEERING 2191 THIRD AVE EAST KALISPELL MT 59901 AND ATTACHED LIST FILE NO.: C^_-66365A CLTA Guarantee (6/6/92) SCHEDULE A PROPERTY OWNERS NOTICE GUARANTEE Liability: $150.00 Fee: $150.00 NAME OF ASSURED: Jay Billmayer DATE OF GUARANTEE: September 4, 2001 at 8:00 A.M_ THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: Order No. CT-6636E Guarantee VC. H 329365 1. That according to the last equalized real property assessment rci in the Office of Flathead County, Montana. a. The persons listed below as "assessed owner" are shown on the assessment roll as owning real property within 150 feet of the land identified = to assessment roll as Assessor's Parcel Number(s): APN OS 0977173, Assessors Tract No_ 2 in SE1/4NE1/4 Section 31-29-21. b_ The Assessor's Parcel Number (APN) and any addresses shown te_zw a re as shown on the assessment roll. 2. Ttat according to the Company's property records (but wit`,euc examinar-ion of those company records maintained or indexed by name), there have been no documents recorded subsequent to January 2001 purporting to transfer tit'e to any of the properties listed below, except as indicated_ (See 'cxCep-ions) APN-ASSESSOR'S TAX PROPERTY PARCEL NUMBER 05 OOE5791 L 34, Country V___aae ?2 ASSESSED OPlNER AN: ADDRESS Cindy Jensen 915 Country 3a'_: pe__. % NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION 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-plex units on approximately 38.4 acres rather than the previously approved 304 units consisting of duplex, six-plex and nine-plex 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-plex 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 minimum 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 comer 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. - 26.,- Thomas R. Jentz Planning Director FILE NO.: CT-66365A Page 2 APN-ASSESSOR'S TAX PARCEL NUMBER 05 0065790 05 0978391 05 0979709 05 0113025 05 0979532 05 0362490 05 0071110 05 0977919 PROPERTY ASSESSED OWNER AND ADDRESS L 35, Country Village #2 Robert J. Petersen Trust 523 Country Way East Kalispell, MT 59901 L 36, Country Village #2 Ralph F. Hart Patricia A. Hart 530 Country Way East Kalispell, MT 59901 L 41, Country Village #2 Jerome J. Krier, Jr. Theresa A. Krier 572 Country Way Kalispell, 14T 59901 L 42, Country Village #2 Sheryl A. Border Robert M. Border 588 Country Way Kalispell, MT 59901 L 43, Country Village #2 Paul D. Hahn Ann M. Hahn 195 Zimmerman Road Kalispell, MT 59901 TR 5H in W2NE4 Sec. 31-29-21 L 1, Ccuntry Way South L 2, Country Way South Sandy Heusc her 545 Country Way South Kalispell, MT 59901 Brian J. Gardner La Vonr_e C. Gardner 525 Cour.:r-_ Way South Kalispell, vT 59901 Brian J. Gardner La Vonne C. Gardner 525 Cou-:r_, :aav South -Kalispell, .._ °�901 _.,—nuea... FILE NO.: CT-66365A Page 3 AFN-ASSESSOR'S TAX PARCEL NUMBER 05 0973005 05 0300671 05 0300670 05 0299516 05 0299400 75 00001-0 75 0000171 ,5 0000172 75 CC00_,_ PROPERTY TR 5L in SW4NE4 31-29-21 L 9, Stillwater Terrace #2 L 8, Stillwater Terrace #2 L 7, Stillwater Terrace ASSESSED OWNER AND ADz3ESS Bruce May Elaine Synder 540 Country Way_ Kalispell, MT 5990: Shirley M. Scherpecseel a 505 Country wav SOL. Kalispell, MT 5990: Robert Charles Eicker- Theresa Faye Eicker� 501 Country wav Sout-. Kalispell, MT 59901 Charles H. Ashley Sr, Janice L. Ashley 214 Grandale Avenue Kalispell, MT 599C: TR 5E SW4NE4 31-29-21 Niles M Granrud Guardian/Conservator Edgar C. Granrud Esta 237 Granrud Lane Kalispell, MT 59901 L 60, Buffalo Stace 42 L 61, Buffaic St-ae "2 L 62, Buffalo St=ce #2 6_A, Bu_fa_c S a^e '2 Amc :, 63 Kristcffer M. Weller Deborah L. Wel_er 34 Chip -our Kalispell, MT 5990_ Mary 3. Harker 38 Chip _. Kalispe:_, y.,,. t990: Jason O Scn=u Pamela 7. Scr n 2902 US .. - :way ?_ ., =e g- 3_. ne 206 =u-tal -'t=ve Kali�p21:, MT -0�0' FILE NO.: CT-66365A Paae 4 APN-ASSESSOR'S TAX PARCEL NUMBER 75 0000178 75 0004007 75 0004006 75 0004005 75 0004004 75 0004003 75 0004002 75 0004001 75 0004000 PROPERTY L 68A, Buffalo Stage #2 Amd L 68 L 139A Buffalo Stage #5 Corrected ASSESSED OWNER AND ADDRESS Reginald S. Forshner Frieda Forshner 205 Buffalo Stage Kalispell, MT 59901 Carlos E. Garcia Tara Smith -Garcia 808 N Yakima Ave Tacoma, WA 98403 L 138 A Buffalo Stage #5 Daniel T. Armeni Corrected Sharon L. Armeni 4619 N Gore St Tacoma, ;JA 98407 L 137B Buffalo Stage #5 Corrected L 136B Buffalo Stage #5 Corrected L 135C Buffalo Stage 45 Corrected L 134C Buffalo Stage #5 Carrected L 133D Buffalo Stage #5 Carrected L 1323 Buffalo Stage #5 Corrected Todd A Hammer Nancy H. Hammer 21 Bruyer Way Loop Kalispell, MT 59901 Gloria Dailey 183 Old Highway 93 S Somers, MT 59932 Robert A. Modie Sally A. Modie 29 Bruyer ;Jay Loon Kalispell, MT 59901 Hilzac Corporation P.O. Box 822E Kali_pei', }fr 59901 Hilzac Ccrperaticr. P.O. Box 8226 Kalispell, Sf_" 59901 Hi_zac Corpora r_ c P.O. Box 522., Kalispell, M, 555C1 Coc„_nued-.. FILE NO.: CT-66365A Page 5 APN-ASSESSOR'S TAX PROPERTY ASSESSED OWNER AND ADDRESS PARCEL MMBER 75 0003999 L 131E Buffalo Stage #5 Mark Gillette P.O. Box 342 Kalispell, MT 59903 75 0003998 L 130E Buffalo Stage #5 Mark Gillette P.O. Box 342 Kalispell, MT 59903 05 E000318 RDWY Reserve "B„ Flathead County and Granrud Lane 800 S Main St Kalispell, MT 59901_ 75 E000323 RDWY Reserve "A" Flathead County 800 S Main St Kalispell, MT 59901 05 0428717 L 18, Mission Village #4 Glenn A. Burfeind Debora S. Burfeind 1992 Mission Way South Kalispell, MT 59901 05 0428718 L 19, Mission Village #4 Ruth J. Dolan Kathleen M. Koelzer 2010 Mission Way S Kalispell, MT 59901 05 0428719 L 20, Mission Village #4 Eddie E. Pauline Theresa R. Pauline 2028 Mission Way S Kalispell, MT 59901 05 0428720 L 21. Mission Village #4 John W. Garfield Set"y M. Garfield 2046 Mission Way S Kalispell, MT 59901 05 0071025 L 22, Mission Village =- R. Walzer RCcliis cn -c=Z Ccaiscn .-_ssicn :day „ Continued. -. FILE NO.: CT-66365A Page 6 APN-ASSESSOR'S TAX PARCEL NUMBER 05 0428722 05 0428723 05 0428724 05 0428725 05 0960995 05 0428727 05 0428719 PROPERTY L 23, Mission Village #4 L 24, Mission Village #4 L 25, Mission Village #4 L 26, Mission Village #4 L 27, Mission Village #4 ASSESSED OWNER AND ADDRESS Ben L. Koffler Joyce M. Roffler 2082 Mission Way S Kalispell, MT 59901 Gregory Trunkle Devera Trunkle Walter Jensen Sr. Dorothy Jensen 2100 Mission Way S Kalispell, MT 59901 Jay Jefferson Oxford Michelle L. Oxford P.O. Box 7686 Kalispell, MT 59904-0686 Clifford L. Willis Barbara N. Willis 2136 Mission Way S Kalispell, MT 59901 Norman L. Johnson Vickie A. Johnson 2154 Mission way S Kalispell, MT 59901 L 28, Mission Village #4 Thomas Paul Giacomo 2172 Mission Way S Kalispell, MT 59901 L 20, Mission Village #4 Eddie B. Paulino Theresa R. Paulino 2028 Mission Way S Kalispell, MT 59901 FIRST AMERICAN TITLE=NSURANCE COMPAN'i B V :L�v�a-/ P-1-121 wfpk" a,w�-Ip r�mf-1 ,4 flY PLJ-V�Tw4 '/W—W pe "17 r.._- .. .. _ 1.'N17 c 2-Wcn i4 qs.% IMi` g 9/0N h 1/96 ff_T�r q� r rw h�.r5=•.• iw:iur Fsµ-p;,cX li.• •I �.�11• VV/vVI m/V/w/1I. FOR WHITEFISH STAGE CONDOMINIUMS SE 114, NE 114. SEC. 31, T 29 N, R 21 W, FLMEAO COUNTP V/� S,�i����1 P-BI if.:S € 0I I Tom, ;RANRUD LANE '1,-. e in�jt(�hj PROJECT SITE PLAN NOTTOSCALE NORTH -I 61 PHMINOSD Mm PHP EI-40m" 113'WPIFXUN 15) -FLEX UN" PHMEII 5BUN (IIIUUPLEXUNRS M 4-PLEXUNUS PHR 111 52UNR9 110)DUPIEXUN" (A) PLEXM" PHREEN-50UNrt9 (111 DU PLEXUNIIS ryl 4. PLEXUNIIB LEGEND Im Typlc I Duplm I w � I I I 's W 3 TyN<el.. Pln I! 1 SITENEUKMMENT Pee' BILLMIlYERENGIIVEERIP]G codfundxal USE ■� 8RI AA �F L@ Hll d R.9 01 INg4 E OB WN/iEFISHSTAHE CNNNNMINfdMS