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08. Conditional Use Permit - Eric and Lisa WursterTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Conditional Use Permit - Four-Plex at the East End of Washington Eric and Lisa Wurster MEETING DATE: July 1, 2002 BACKGROUND: This is a request by Erica and Lisa Wurster 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 26 feet by 96 feet and will be two-story of approximately 23 feet in height. Two small decks, one on the front and one on the rear of the building, would be constructed. The decks in the front would be approximately four feet wide each increasing the building width in those area to approximately 34 feet. The property would be accessed via Washington Street and a new approach developed to serve the apartments. Additionally a four stall garage is proposed so that each apartment unit would have one space in the garage as well as outdoor parking in the lot. This parcel contains approximately 18,229 square feet and is located at the east end of Washington Street on the north side of the road. The property was recently annexed into the city and given a zoning designation of RA- T, Low Density Residential Apartment. Density allowed under this zone is 6,000 square feet for the first duplex and 3,000 square feet for each additional unit. The maximum density permitted on this 18,229 square foot site would be six units. However, the odd configuration of the property would pose challenges to the siting of additional units. All of the buildings would be under the 35-foot height limit and all of the setbacks have been met. The Kalispell City Planning Board held a public hearing at their regular meeting of June 11, 2002. No one from the neighborhood spoke either in favor or in opposition to the project. A motion was made and passed unanimously to grant the conditional use permit subject to the conditions recommended in the staff report. RECOMMENDATION: A motion to approve the conditional use permit subject to conditions would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish CUP Fourplex for Eric and Lisa Wurster June 20, 2002 Page 2 Respectfully submitted, Narda A. I#ilson Senior Planner Report compiled: June 20, 2002 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter and Exhibit A (conditions of approval) Staff report KCU-02-3 and application materials Draft minutes from 6/ 11/02 planning board meeting H:\FRDO\TRANSMIT\KALISPEL\2002\KCU-02-3MEMO.DOC City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Lisa M. Wurster 692 Foys Canyon Road Kalispell, MT 59901 LEGAL DESCRIPTION: Construction of a four unit apartment complex in the RA-1, Low Density Residential Apartment, zoning district, further described as amended Assessor's Tract 34 located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: RA-1, Low Density Residential Apartment Lisa M. Wurster has applied to the City of Kalispell for a conditional use permit to construct a four unit apartment complex on approximately 18,229 square feet at the east end of Washington Street. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 11, 2002 held a public hearing on the application, took public comment and recommended that the application be approved subject to six 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-02-3 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 complex on approximately 18,229 square feet at the east end of Washington Street in the RA-1, Low Density Residential Apartment 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. 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 parking requirements 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 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 financing and other activities shall be considered a commencement. Dated this 1st day of July, 2002. Pamela B. Kennedy Mayor STATE OF MONTANA ) : ss County of Flathead ) On this day of July, 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 June 20, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - Four-plex on Washington Street Eric and Lisa Wurster Dear Chris: The Kalispell City Planning Board met on June 11, 2002, and held a public hearing to consider a request by Eric and Lisa Wuster for a conditional use permit to construct a four -unit apartment complex in an RA-1, Low Density Residential Apartment, zoning district. The property is located at the east end of Washington Street on the north side of the road and was recently annexed into the city of Kalispell. The footprint of the building is approximately 26 feet by 96 feet and will be two-story of approximately 23 feet in height. Narda Wilson, of the Tri-City Planning Office, presented staff report KCU-02-3 evaluating the project. No comments had been received from property owners in the area. Staff recommended approval of the conditional use permit subject to the conditions listed in the staff report. At the public hearing, Lisa Wurster spoke in favor the their proposal stating they wanted to fill a need in the community and this seemed like a good location. There were no other comments to be presented to the board at the meeting. After the public hearing, the board discussed the proposal and whether a requirement for a sidewalk would be appropriate. A motion was made and failed to require the installation of a sidewalk in front of this property. A motion was made and passed on a unanimous vote to forward a recommendation to the city council that the conditional use permit be granted subject to the conditions outlined on attached Exhibit A. Please schedule this matter for the July 1, 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 CUP — Erica and Lisa Wurster Four-plex Sane 20, 2002 Page 2 Sincerely Kalispell City Planning Board he- /-*,) Bill Rice Vice President BR/NW Attachments: Exhibit A (conditions of approval) Staff report KCU-02-3 and application materials Draft minutes 6/ 11/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Eric and Lisa Wurster, 692 Foys Canyon Rd., Kalispell MT 59901 Paul J. Stokes & Assoc, 343 First Ave West, Kalispell, MT 59901 H: \FRDO \TRANSMIT\KALISPEL\2002 \KCU-02-3DOC CUP - Erica and Lisa Wurster Four-plex June 20, 2002 Page 3 EXHIBIT A CONDITIONAL USE PERMIT FOR ERIC AND LISA WURSTER FOR FOURPLEX CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JUNE 11, 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 June 11, 2002 planning board meeting: 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 parking requirements 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. S. 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 financing and other activities shall be considered a commencement. H: \... \TRANSMIT\KCU 102 \KCU02-3.DOC problem, that he had to provide an accurately scaled drawing before he gets a building permit anyway. ROLL CALL (MAIN) The motion passed unanimously on a roll call vote. ERIC AND LISA WURSTER A request by Lisa M. Wurster for a conditional use permit to CONDITIONAL USE PERMIT allow the construction of a four unit apartment on property zoned RA-1, Low Density Residential Apartment on property at the east end of Washington Street on the north side. Johnson disclosed that Wurster works in his office, however he has no interest in the project, either financially or with the development. No one had a problem with him remaining seated on the board. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KCU-02-3 presentation on staff report KCU-02-3, 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 26 feet by 96 feet and will be two-story and approximately 23 feet in height. Two small decks, one on the front and one on the rear of the building, would be constructed. The decks in the front would be approximately four feet wide each increasing the building width in this area to approximately 34 feet. Staff reviewed the findings of fact and recommended approval of the conditional use permit subject to 6 conditions. Johnson noted the accommodation for Eagle Transit and wondered if they had a requirement or if this was just a recommendation. Wilson said that whenever there is multi- family proposed Eagle Transit requests they be provided the opportunity to comment on the access. She said they have some general criteria but are flexible. Johnson asked if they were recommending the driveway be eliminated on Washington and Wilson said, no, that the off site parking be re -located on site. Brechel asked for clarification about the on site parking and Wilson pointed out where they would add another two spaces on -site rather than on the street. APPLICANT/AGENCIES Lisa Wurster, 692 Foys Canyon Road, stated her reason for doing the project was that she feels it is a good spot for multi -family because it is close to town, private, and consistent with the area. She said she has no problem with putting two more parking spaces on site and the reason they had them off -site was to preserve the green space. She said she didn't like having a lot of pavement, and it was not a cost issue. Wurster addressed landscaping and said she will have Kalispell City Planning Board Minutes of the meeting of June 11, 2002 Page 6 TLC move and re -plant most of the small trees. She also addressed fire flow saying she had a letter from Jim Stewart, Kalispell Fire Marshal, and she would be putting in a two- hour firewall between the units as well as between the floor separating the units from top to bottom to address the fire code issues. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Johnson moved and Anderson seconded to adopt staff report KCU-02-3 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to staff recommended conditions. BOARD DISCUSSION There was a brief discussion on the issue of water flow and water pressure in the area. It was concluded that the fire department would require adequate flows and the uniform fire code. If there are problems with water pressure, Wilson noted the problem would likely be related to service lines. Wilson stated there are no problems with water pressure or fire flow within the mains. Wurster added that Public Works expressed an interest in obtaining an easement from her to loop the existing fire hydrant that dead ends on her property. She said the easement would be okay with her. MOTION (AMENDMENT) Brechel moved and Rice seconded to add condition #7 to require a sidewalk along the property line on Washington Street. BOARD DISCUSSION There was a brief discussion about where the sidewalk would be and where other sidewalks exist. It was concluded that if future improvements are made and an SID was put in place for the whole neighborhood that would be the time to put in sidewalks on Washington. ROLL CALL (AMENDMENT) The motion failed with 3 opposed and 1, Brechel, in favor. ROLL CALL (MAIN) The motion passed unanimously on a roll call vote. OLD BUSINESS There was no old business presented. NEW BUSINESS Rice opened a discussion regarding the public hearing process. MOTION Johnson moved and Anderson seconded to amend the rules Kalispell City Planning Board Minutes of the meeting of June It, 2002 Page 7 of procedure to eliminate the proponent/opponent section. BOARD DISCUSSION Johnson recommended they not adopt the motion because it could lead to a potential stacking. He said he didn't agree with it and that it detracts from the public hearing process. Rice asked and Johnson clarified that whoever goes first, proponents or opponents, if there is a group that wants to dominate a public hearing they would have that opportunity under this amendment. He said he thought it would detract from the effectiveness of the public hearing. Brechel stated he also disagreed with the amendment because it was sugar coating or trying to be politically correct. He said it wouldn't change the public's mind and there would still be some emotion. He added that it would be nice for them to easily know what the majority is saying and said he would vote against the amendment. Anderson concurred stating it's nice to hear who is in favor and who is opposed. She added that some people don't know the difference between a proponent and opponent and thought they might change that to say those in favor and those against. She said she could not vote for this. Rice said he was not strong either way. He thought it was a good idea the public make it clear when they are not a proponent or an opponent, and said that most people do. ROLL CALL The motion failed unanimously on a roll call vote. BOARD DISCUSSION Johnson asked if they were moving the meeting to 6:00 p.m. for the summer. It was noted that it was discussed at the previous meeting and there was no desire for that. Wilson commented on the July and August agenda. Rice suggested they put the Wolford proposal first on the agenda and then put the over flow onto the next meeting. Wilson agreed. ADJOURNMENT The meeting was adjourned at approximately 8:25 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, July 9, 2002. Ron Van Natta, Chairman of the Board Debbie Willis, Recording Secretary APPROVED as submitted/corrected: //02 Kalispell City Planning Board Minutes of the meeting of June 11, 2002 Page 8 ERIC AND LISA WURSTER REQUEST FOR CONDITIONAL USE PERMIT TRI-CITY PLANNING OFFICE REPORT #KCU-02-3 JUNE 4, 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 June 11, 2002, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION: A. Petitioner/ Owner: Lisa M. & Eric M. Wurster 692 Foys Canyon Road Kalispell, MT 59901 (406) 257-4862 Paul J. Stokes & Associates 343 First Ave West Kalispell, MT 59901 (406) 755-8707 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 26 feet by 96 feet and will be two-story of approximately 23 feet in height. Two small decks, one on the front and one on the rear of the building, would be constructed. The decks in the front would be approximately four feet wide each increasing the building width in those area to approximately 34 feet. The property would be accessed via Washington Street and a new approach developed to serve the apartments. Additionally a four stall garage is proposed so that each apartment unit would have one space in the garage as well as outdoor parking in the lot. C. Size and Location: This parcel contains approximately 18,229 square feet and is located at the east end of Washington Street on the north side of the road. The property can be described as amended Assessor's Tract 34 located in Section 8, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. D. Existing Land Use and Zoning: This property currently has a Quonset but located on the site that will be removed to allow for the development of the apartments. The property was recently annexed into the city and given a zoning designation of RA-1, Low Density Residential Apartment. Density allowed under this zone is 6,000 square feet for the first duplex and 3,000 square feet for each additional unit. The maximum density permitted on this 18,229 square foot site would be six units. However, the odd configuration of the property would pose challenges to the siting of additional units. All of the buildings would be under the 35-foot height limit and all of the setbacks have been met. 1 E. Surrounding Zoning and Land Uses Zoning: This area is generally residential in character and provides a transition area between the more intensive uses located along Idaho Street (Hwy 2 East) to the south and the residentially developed areas to the north. North: Single-family homes, City R-3 and County R-5 zoning East: Mobile home park, RV park and assisted living facility in Greenwood Trailer Park, County R-5 zoning South: Apartments, City RA-1 zoning. West: Single-family residences; County R-5 zoning 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 A . ss: Access to the site is by way of an existing City street, Washington, 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 separates the sidewalks from the street since this was required from the last four-plex apartment that came before the board. C. Environmental Constraints- 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: Ten parking spaces are required for the four- plex. Two and a half spaces are required for each unit. The site plan shows eight spaces on -site; four in a garage, and four paved spaces on - site. Two parking spaces are indicated on the street. However, there appears to be adequate space on site and staff would recommend that those spaces be relocated to the property. A driveway is indicated on the site that provides access to the west. Staff would recommend that that driveway be eliminated and replaced with the two additional needed parking spaces. As a note, the zoning ordinance does allow the overflow or guest parking to be located on the street. However, since there is adequate space on -site for all of the required parking, it would be recommended that the required parking be met on site. Traffic circulation within the site is generally good, with an access from Washington Street directly into the parking lot. There is adequate back-up space for the parking and turnaround areas. Circulation within the parking lot and in the area is generally good. b. Open Space: No specific open space requirements exist in the zoning regulations for a development of this type. The zoning requirements for setbacks and lot coverage have been met. There may be adequate space on the site to create a small common area as a picnic and barbecue area near the northeast portion of the site. There is adequate space on the site to accommodate landscaping and the proposed parking areas. C. Fencing I Screening �Landscaninn : 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. ems: No specific dimensions or drawing of a sign was included with the application. The zoning allows one sign 24 square feet in size, and a height not to exceed six feet. A permit for the sign would be required. 3. Availability of Public Services/Facilities: a.Schools: This site is within School District #5. Limited impact is anticipated from the proposed apartment complex. 191 b. Parks and Recreation: No City parks are within close walling 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. A letter from the fire marshal has been included in this packet which states that there was an issue with fire flow requirements related to this structure being a multi -family dwelling. However, the applications will provide a two hour fire wall to divide the building. The construction feature is an acceptable alternative to fire flows. e. Water and sewer: Water and sewer will be extended at the owners expense and 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. Streets: 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 can provide bus service to the residents of the building. A location which will allow Eagle Transit to provide optimum service should be coordinated with that agency. 4. Neighborhood Impacts: Development and land use impacts of the proposal are anticipated to be typical of other properties in the immediate neighborhood. Traffic generation for a small apartment complex would be minimal. Except during construction, no significant impacts are anticipated from noise, vibration, or dust. Some outdoor lighting is proposed on the parking lot. Staff recommends that the lights be directed downward and shielded to prevent glare onto the neighboring property. No impacts from smoke, 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. 11. 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 walking distance make this an ideal location of this type of development with the exception of the lack of good pedestrian access in the area. 6. Effects on property values: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is compatible with the neighborhood, and the development and land use impacts would be typical of that anticipated for the area. Staff recommends that the planning board adopt the staff report #KCU-02-3 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be met prior to occupancy of the apartment building. 2. That the parking lot be redesigned to meet the parking requirements 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. 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. 5 PAUL J..SToKES t& ASSOCIATES, INC. Consulting Engineers April 24, 2002 Narda Wilson, Senior Planner Tri City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana RE: Wurster Conditional Use Permit Tract 34, Section 8, T.28N, R21 W. Flathead County, Montana Dear Narda; 343 Rnt Aveuue West Kalispell, MT 59901 Telep600e (406) 7554707 FAX (406) 755-2613 RECEIVED APR 2 4 2002 TRI-CITY PLANNING OFFICE Please find enclosed an Application for a Conditional Use Permit in the City of Kalispell for the above -mentioned property. The property was recently annexed into the City of Kalispell and zoned RA-1 to allow for multi -family dwellings. My husband and I have determined that the best use of the land would be to construct a fourplex rather than 2 duplexes as originally anticipated. The fourplex is consistent with the zoning and surrounding development in the area With this in mind, we are requesting by the attached submittal for a CUP to allow for a fourplex on the above lot. I have enclosed a zoning map depicting what the surrounding land uses are (which are all residential), dimensions of the property, a topographic map (the lot is relatively flat), a map showing the existing quonset but (which will be removed), and what our proposed lot will look like when construction is finished. If you have any questions please feel free to contact our office. Very Truly Yours, PAUL J. STOKES & ASSOCIATES, INC. BY: A t N (,L lJ(..0 Lisa M. Wurster Project Engineer c: Wurster lisa/mydocuments/lisaAwff to nar&-cop 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 RECEjVED PROPOSED USE: CONSTRUCTION OF A FOURPLEX APR 2 4 2002 OWNER(S) OF RECORD: V_CITY PLANNING OFFICE Name: LISA M. & ERIC M. WURSTER Mailing Address 692 FOYS CANYON ROAD City/State/Zip: KALISPELL, MT 59901 Phone: 1-406-257-4862 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name PAUL J. STOKES & ASSOCIATES, INC ATTN: LISA WURSTER Mailing Address: 343 1sT AVENUE WEST City/State/Zip: KALISPELL, MT 59901 Phone: 1-406-755-8707 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address REFER TO ENCLOSED COS Subdivision No. 8 ship 28N No. 21W Tract Lot Block Name: REFER TO ENCLOSED COS No(s). No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: THE LAND HAS BEEN RECENTLY ANNEXED INTO THE CITY AND IS ZONED RA-1. 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. L Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas 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. i Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. k. Location of proposed open space uses. j. Hours and *Wanner 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 F.C.P.Z. staff to be present on the property for routine monitoring and inspection during the approval and development process. 1 ��,►JA�u � 41a� I0 Applicant Signature Date 2 A & B. The proposed fourplex can be accessed from Washington Street onto a driveway entering the property. Washington Street dead -ends at this property; therefore traffic impact will be minimal. The driveway entering the property will be paved and limited to tenants and guests. C. Each unit will have a garage and one parking spot on site. Guest parking and overflow parking has been anticipated in the design and is available on site or on Washington Road and is planned in accordance with the requirements of the City of Kalispell Subdivision Regulations. D. The proposed fourplex will be picked up or disposed of by the City or by a contract hauler. E. The following utilities will be provided to the fourplex. All utilities are extensions of existing systems and will be installed underground at the owners expense. The following services will be provided: 1. Sewer -City of Kalispell. 2. Water- City of Kalispell. 3. Storm water drainage -All storm water drainage will be handled onsite. 4. Fire Protection -City of Kalispell 5. Police Protection -City of Kalispell. 6. Streets -City of Kalispell. 7. Electric Power -Flathead Electric Co -Op. 8. Natural Gas -Montana Power Company. 9. Telephone-CenturyTel Communications. 10. Cable TV -AT&T. Insulation and utilities projected for the summer or fall of 2002. F. Vegetation buffering is being planned. Perimeter landscape will be provided to screen the fourplex from adjoining properties by planting dense evergreen materials consisting of trees; low, medium and high profile shrub. G. No signs are planned for this development. H. Setbacks will be maintained from the sides, front and back of the property and height will be in conformance with the zoning regulations. The proposed location and lot layout of the fourplex is attached. I. There will be ample open space and green area behind the fourplex, and in the setback areas. J. Hours and manner of operations will be as for any multi -family dwelling, in accordance with applicable laws and regulations as set forth in the enclosed rules and regulations. K. The proposed fourplex will be seeded or sodded. The walkways and internal driveways and parking spots will be paved. The fourplex will not cause excessive traffic generation, nor appreciable additional noises, light, dust, odors, fumes, vibration or smoke. WURSTER CUP -PROPOSED BUILDINGS TRACT 34 SECTION 8) T. 28N,, R,21W,,, P.M,,M,, FLATHEAD COUNTY, MONTANA ------------------------- ... ... .. ... ... .. ... ... . ... ... .. ... .. ... .. ... .. N WURSTER CUP - TOPOGRAPHIC FEATURES TRACT 34 SECTION 8, T.28N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA 2A 30KA 30JD 20 JOS 301 K�, 1 2 P,DD l MOM 301CA I oo NORT�1 PAST �' 6 �= r 4 G HA �LN 3 LN 6 OREGON ST 3oX Sox / i PEfERSO AFC / m 30J 16 DaTomWASHINGST vl��l l n VICINITY MAP ERIC & LISA WURSTER CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A FOUR UNIT APARTMENT CO RA-1, RESIDENTIAL APARTMENT ZONING USE CITY OF KALISPELL ZONING JURISDICTION PLAT DATE. 5/17/02 FILE# KCU-02-3 SCALE 1" = 200' lk\Ais\m*e\kw02_8.dsg D6—The Daily Inter Lake, Sunday, -May 26,2002 A request by Joe Clark No. 5852 for a conditional use - NOTICE OF PUBLIC permit to allow the con - HEARING -struction of 15 apart- .. KALISPELL CITY ment units on property "PLANNING BOARD zoned RA-1, Low Densi- AND ZONING COM- ty Residential Apart- -ment, -MISSION which lists multi - Zone Change RA-1 to family dwellings as a B-2 Third Ave East conditionally permitted 15 Unit Apt Complex use. The property con - at 1700 First Ave West -fains slightly over one — Conditional Use Per- acre. Four separate -mit buildings — three four - Four Unit Apt at East plex units and one tri- End of Washington St rplex unit, would be con- - Conditional Use Per- structed at the south [nit -`.end of First Ave West '- Initial Zoning of B-2 for on the west side of the Big Sky Properties Hwy -road. The property can 93 So Upon Annexation �-_tie described as Asses- :. The regular meeting of sor's Tract 8J located in the Kalispell City Plan- Section 18, Township 'ning Board and Zoning 28 North, Range 21 -Commission is sched- West, P.M.M., Flathead uled for Tuesday, June County, Montana. .11, 2002 beginning at -' A request by Lisa M. 7:00 PM in the Kalispell Wurster for a conditional ,City Council Chambers, use permit to allow the .Kalispell City Hall, 312 -construction of a four- ' -.First Avenue East, Ka- unit apartment on prop- -.rlispell. During the regu- erty zoned RA-1, Low- ,larly scheduled meeting ;Density Residential of the planning board, :;Apartment, which lists :the board will hold a '-multi-family dwellings as - public hearing and take :<a conditionally permitted -: public comments an the ^use. The property con - fallowing agenda items. fains approximately :..The board will make a ',;7'8.228 square feet. The :recommendation to the :;property is at the east Kalispell City Council - 1:end of Washington Street on the north side. who will take final ac- -. tion. The property can be de - .'A zone change re- scribed as Amended Assessor's Tract lo- `quest by Anthony L. Lu- 'po cated i Sectionn 8, from RA-1, Low -Den- Township Townp North, sity Residential Apart- Range 211 West, ment, to B-2, General Business, a district that - P.M.M., Flathead Coun- allows a broad mix of ty, Montana. request Dennis commercial uses and multi -family dwellings. OsbuA a initial for ai The property lies be- zoning zoning designation of B- z tween the 14th St East 2, General Business, and 18th St East on the upon annexation into the City of Kalispell on east side of Third Ave .East and contains ap- 'approximately one third proximately 1.21 acres p of an acre that lies at the southeast corner of and is currently unde- veloped. The property Kelly Road and Hwy 93, proposed for rezoning ig Sky Properties,,lo- "Rated at:-226Z- Hil jg 93 can be described as Lots 1 through 7, Block _So. The property.iacun 1, Ryker's Addition in gently in the Countyzon- Section 17, Township, ing jurisdiction and is 28 North, Range 21 zoned B-2, General West, P.M.M., Flathead Business. The property County. Montana. is annexing in order to receive City utilities. The Property proposed for annexation can be de- scribed as Assessor's Tracts 2AAD and 2AAE located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. TCPO - 2002 Zone Change, Variance, Conditional Use, PUD CERTIFICATION APPLICANT: ERIC & LISA WURSTER TCPO FILE NO: #KCU-02-3 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 app 'cation. Date: ERIC & LISA WURSTER 692 FOYS CANYON ROAD KALISPELL MT 59901 AND ATTACHED LIST NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION Zone Change RA-1 to B-2 Third Ave East 15 Unit Apt Complex at 1700 First Ave West - Conditional Use Permit Four Unit Apt at East End of Washington St - Conditional Use Permit Initial Zoning of B-2 for Big Sky Properties Hwy 93 So Upon Annexation The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 11, 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 a public hearing 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. A zone change request by Anthony L. Lupo from RA-1, Low -Density Residential Apartment, to B-2, General Business, a district that allows a broad mix of commercial uses and multi -family dwellings. The property lies between the 14u St East and 18th St East on the east side of Third Ave East and contains approximately 1.21 acres and is currently undeveloped. The property proposed for rezoning can be described as Lots 1 through 7, Block 1, Ryker's Addition in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. S 2. A request by Joe Clark for a conditional use permit to allow the construction of 15 apartment units on property zoned RA-1, Low Density Residential Apartment, which lists multi -family dwellings as a conditionally permitted use. The property contains slightly over one acre. Four separate buildings - three four-plex units and one tri-plex unit, would be constructed at the south end of First Ave West on the west side of the road. The property can be described as Assessor's Tract 8J located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Lisa M. Wurster for a conditional use permit to allow the construction of a four -unit apartment on property zoned RA-1, Low -Density Residential Apartment, which lists multi -family dwellings as a conditionally permitted use. The property contains approximately 18,229 square feet. The property is at the east end of Washington Street on the north side. The property can be described as Amended Assessor's Tract 34 located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Dennis Osburn for an initial zoning designation of B-2, General Business, upon annexation into the City of Kalispell on approximately one third of an acre that lies at the southeast comer of Kelly Road and Hwy 93, Big Sky Properties, located at 2267 Hwy 93 So. The property is currently in the County zoning jurisdiction and is zoned B-2, General Business. The property is annexing in order to receive City utilities. The property proposed for annexation can be described as Assessor's Tracts 2AAD and 2AAE located in Section 20, Township 28 North, Range 21 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 hearing 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. /iLfttl Thomas R. Jentz P1ann;ng Director e GREENWOOD H CORP MATTHEW R ROTHERMEL 210 RHODES DRAW P O BOX 2424 KALISPELL, MT 59901-7055 KALISPELL, MT 59903-2424 MARION L WHARY LIVING TRUST LOIS J OLSON CANYON OAK LN 940 E OREGON ST LINCOLN, CA 95648 KALISPELL, MT 59901-3261 HILLTOP INTERNATIONAL CHERIE LA ROQUE 801 E IDAHO 1046 E OREGON ST KALISPELL, MT 59901-3204 KALISPELL, MT 59901-3263 HAGADONE REALITY, INC DAWN MARQUARDT P O BOX 6200 935 E OREGON ST COUER D' ALENE, ID 83816-1936 KALISPELL, MT 59901-3263 ROBERT L CORNELL REVOC G NATHAN & JOYCE L GRAFE TRUST 1044 E OREGON ST 495 7THE AVE E N KALISPELL, MT 59901 KALISPELL, MT 59901-3726 HENDERSHOTT RANDY & KATHY J SHIPMAN CHAD E & JESSICA JANE 393 8TN AVE E N 392 8TH AVE E N KALISPELL, MT 59901-3243 KALISPELL, MT 59901 LLOYD T & LAVONA R JACKSON PAUL STOKES & ASSOC INC NEIL W & PENNY BANGS 343 1ST AVE W 396 8Ta AVE E N KALISPELL, MT 59901 KALISPELL, MT 59901-3244 LISA M & ERIC M WURSTER 692 FOYS CANYON RD KALISPELL, MT 59901 LLOYD W & VANGELINE WILSON P O BOX 2179 KALISPELL, MT 59903-2179 CINDY DITTMER 375 8TTi AVE E N KALISPELL, MT 59901-5349 05/07/2002 10:59 4067587952 KAL FIRE AMBULANCE PAGE 02 Kalispell Fire/Ambulance Dept. 312 1"Ave East - P.O. Box 1g97 T� Kalispell, MT SM -1997 TO. NARDAA. WILSON, SENIOR PLANNER FROM: JIMSTEWART, FIRE MARSHAL,) 0 DATE: MAY 7, 2002. Fax 40&7%7t62 SUBJECT: CONDITIONAL USE PERMIT — ERIC WURSTER It is our understanding that Eric Wurster has applied for a conditional use permit for a 4-plex unit located in the area of Washington Street and S°i Avenue East North. Our depWment has reviewed fire hydrant locations for this project and found them acceptable- There was an issue with fire flow require nerds, related to this structure being a muill family dwelling. I have been in contact with Mr. Wursb®r who has indicated that a 2- hour Are wall wil be provided to divide the building. This construction feature is an acceptable alternative to fire low by this department. Our department has no concerns related to the issuance of a conditional use permit. Please contact me if you have any questions. I can be reached at 75&7763. Af WRO 711e CanenuiMN M Rtdyting And PrzrbiMy arwggcks" 05/07/2002 10:59 4067587952 KAL FIRE AMBULANCE PAGE 01 Kalispell Fire/Ambulance Dept 312 let Ave East - P.O. Box 1997 Telephone 4M758-7763 Kalispell, Wr 59903-1997 Fax 406-75&7952 FACSIMILE TRANSMITTAL SHEET TO; IR W& Narda Wt7Eon Jim Stewart' Asgsmt Chief/Fire Nacshal COMPANY; DA7t: MAY 7, 2002 PAX NUMER: TOTAL NO. OF PAGES INCLUDING COVER 751-1858 2 PHONE NUMBER; 3ENDERS REFERENCE NUMBER: YOUR REFERENCE NUMBER Wutsterpmject -comments Q URGENT t3 POR RLzYIr w ❑ PLEASE COMMENT ❑ PLEASE REPLY Q PLEASE RUCYCLE NC7wS/COMMRNn- P�Sa m r y WoasTga o3 7.5s- acvi3 PAUL J STOKES & ASSOCL4TES, INC. ,-onswung P-ngrneers May 8, 2002 Narda Wilson, Senior Planner Tri City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana RE: Wurster Conditional Use Permit Tract 34, Section 8, T.28N, R.21 W. Flathead County, Montana Dear Narda; 343 Fhst Avenue West 1Cauvpel4 MT 59M1 Telephone (406) 7554/67 FAX (406) 755-2613 RECEIVED MAY - 8 2002 TRI-CRY PLANNING OFFICE In regards to our conversation: 1. Please find enclosed a copy of page 120 from the Kalispell Zoning Ordinance # 39 relating to residential, duplexes or multi-f artily parking. Based on this, we are allowed one half parking space per dwelling unit on the street for guest or overflow parking. 2. The height of the fourplex will be 23'2", the width including the porch is 34'3", and the length is 96'. I have enclosed a layout showing these dimensions. 3. Please find enclosed a letter from Jun Stewart with the Kalispell Fire Department relating to fire protection. If you have any questions please feel free to contact our office. Very Truly Yours, PAUL J. STOKES & ASSOCIATES, INC. BY: 112A Lisa M. Wurster Project Engineer c: Wurster 1Mhnydwum t9Am/kna to nwda p2 Page 120 - Kalispell Zoning Ordinance (36). Private CIubs and Lodges, Special Centers, Athletic Clubs and similar uses: 1 space per 10 seats or 1 space per 100 square feet whichever is greater. (37). Recreational Vehicle Park: 1.5 spaces per each recreational vehicle site, plus 1 space per employee on the Iargest shift. (38). Repair Services: 1 space per 300 square feet of gross floor area, plus 1 space per employee on the largest shift. " (39). Residential, Duplex or Multi -Family: 2 per dwelling unit, on site, plus one half (.5) per dwelling unit, on zoning lot or street, for overflow or guest parking. (Amended Ordinance No. 1203.) (40). Residential, Single Family and accessory single family: 2 per dwelling unit. (41). Rooming Houses, Dormitories and Boarding Houses: 1 per bed. (Amended Ordinance No. 1204.) (42). Schools, Elementary and Junior High: I per each employee and faculty but not less than assembly facility area requirement of 1 per 4 seats. (43). Schools, High and Colleges: I space per 5 students plus I per each employee and faculty member plus 1.5 spaces for each classroom or lecture hall plus one space per each three (3) fixed seats in the area of public assembly or one space per 21 square feet of area available for public assembly if fixed seats are not provided. (44). Service Stations: 3 spaces per service bay (45). Shelters: 1 per 2 beds. (46). Shopping Center: 5 spaces per 1,000 square feet of gross floor area. (47). Skating Rink, Ice or Roller: I space per 300 square feet of gross floor area. (48). Stadiums, Sport Areas and Similar Open Assemblies: 1 per 8 seats plus 1 each per 100 square feet of assembly space. (49). Swimming Facility: 1 space per 75 square feet of gross water area, plus I space per employee on the largest shift. ;/07/2002 11:02 4061,0o.__ Kalispell Fire/Ambulance Dept. 312 1 Ave East - P.O. Box 1997 Telephone 406-758-7763 Kalispell, MT 59W3 -1997 Fax 406-758-7952 TO: NARDAA. WILSON, SENIOR PLANNER FROM: JIM STEWART, FIRE MARSHAL JCVg DATE: MAY 7, 2002 SUBJECT: CONDITIONAL USE PERMIT —ERIC WURSTER It is our understanding that Eric Wurster has applied for a conditional use permit for a 4-plex unit located in the area of Washington Street and 80 Avenue East North. Our department has reviewed fire hydrant locations for this project and found them acceptable. There was an issue with fire flow requirements, related to this structure being a multi -family dwelling. I have been in contact with Mr. Wurster who has indicated that a 2- hour fire wall will be provided to divide the building. This construction feature is an acceptable alternative to fire flow by this department. Our department has no concems related to the issuance of a conditional use permit. Please contact me if you have any questions. I can be reached at 758-7763. Assisting The Community In RQducing And Pfev[nting EmcrgtneAW WURSTER CUP -EXISTING BUILDINGS TRACT 34 SECTI❑N 8, T. 28N,, R,21W,, P,M,,M,, FLATHEAD C❑UNTY, M❑NTANA SCALE 1"=30' QU❑NSET HUT T❑ BE REM❑VED WURSTER CUP-DIMENSI❑NS TRACT 34 SECTI❑N 8, T. 88N,, R,21W,, P,M,,M,, FLATHEADCOUNTY, M❑NTANA SCAM :30,