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09. Conditional Use Permit - Joe ClarkTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Conditional Use Permit - Multi -family 15 Units First Ave West - Joe Clark MEETING DATE: July 1, 2002 BACKGROUND: This is a request by Joe Clark for a conditional use permit to construct 15 multi -family dwelling units in an RA-1, Low Density Residential Apartment, zoning district on the west side of First Avenue West just north of 18tn Street West and south of the Kalispell City Shop. There would be three four-plex units and one tri-plex unit with each of the units being two-story. The building footprint on two of the units would be 28 feet by 60 feet; one would be 28 feet by 60 feet and one would be 28 feet by 68 feet with two units being two-story and one unit one-story. Access to the site would be from First Avenue West. Two parking lots would be developed; one at the east end of the property and another at the west and of the property with an access road that joins them along the southern boundary. This parcel contains approximately 44,973 square feet or 1.0324 acres. This area is a mix of uses in the immediate area. The City shop lies directly to the north of this property which is occupied with equipment and items that are stored there. An apartment building lies to the south of the property. Property owned by the City of Kalispell lies to the west that the City uses for composting and storage of grass clippings and other compostable materials such as tree trimmings that have been mulched. Two issues that arose during the meeting are recommended screening and buffering on the north property boundary and the installation of a sidewalk along First Avenue West. The applicant's representative stated that he felt so long as the City was requiring the applicant to screen and buffer and install a sidewalk that the City should also adhere to those standards. If the City were to install a sidewalk then the sidewalk would connect somewhere and the buffering would provide some relief to the residents of the apartments who would live near the shop property. To that end and in light of the recommendation for sidewalks for the project to the south of the City shop, the planning board is also recommending that the City of Kalispell install sidewalks in front of the City owned property to the north so that it will further establish a sidewalk network in the area. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish CUP — Jae Clark 15 Multi -Family Dwellings June 20,2002 Page 2 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 recommend to the city council that the conditional use permit be granted subject to the conditions in the staff report and as amended by the planning board. RECOMMENDATION: A motion to approve the conditional use permit subject to conditions would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, arda A. Wi son Chris A. Kukulski Senior Planner City Manager Report compiled: June 20, 2002 c: Theresa White, Kalispell City Clerk 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: D. Joe Clark PO Box 418 Somers, MT 59932 LEGAL DESCRIPTION: Construction of 15 apartment units in three four-plex units and one tri-plex unit in the RA-1, Low Density Residential Apartment, zoning district, further described as amended Assessor's Tract 81 located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: RA-1, Low Density Residential Apartment D. Joe Clark has applied to the City of Kalispell for a conditional use permit to construct three four-plex units and one tri-plex unit on 1.0324 acres on the west side of 1st Avenue West, north of 18th Street West. 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 nine 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-02-4 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct three four-plex units and one tri-plex unit on 1.0324 acres on the west side of 1st Avenue West 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 screening and buffering be provided on the north side of the site that consists of sight obscuring fencing or landscaping or a combination of both to provide buffering and protection from the traffic, dust, fumes and visual relief. 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. That the project comply with the Uniform Building Code. 7. That an accurately scaled site plan be submitted prior to applying for a building permit. 8. That a sidewalk be installed within the public right-of- way along First Avenue West separated from the roadway by a landscape boulevard. 9. 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. Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59"1 June 20, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Re: Conditional Use Permit - Multi -family 15 Units First Ave West - Joe Clark Dear Chris: The Kalispell City Planning Board met on June 11, 2002, and held a public hearing to consider a request by Joe Clark for a conditional use permit to construct 15 multi- family dwellings. The parcel contains approximately 44,973 square feet or 1.0324 acres and is located near the southern end of First Ave West on the west side of the street. The property is zoned RA-1, Low Density Residential Apartment, which lists multi -family dwellings as a conditionally permitted use. There are apartments to the south and the city shop to the north with undeveloped property to the east and west. Narda Wilson, of the Tri-City Planning Office, presented staff report KCU-02-4 evaluating the project. One comment had been received from the property owner to the south concerned that access be maintained on site. Staff recommended approval of the conditional use permit subject to the conditions listed in the staff report. At the public hearing, David Graham representing the applicant, spoke in favor the their proposal stating that as a realtor, he has witnessed a great demand for property that will lend itself to multi -family development. He felt this was a good location because of the surrounding uses and the proximity to services. He asked that if the applicant was required to place a sidewalks along First Ave West, that the City also install a sidewalk on their property to the north so there would be a connection in the area. There were no other comments to be presented to the board on this matter. After the public hearing, the board discussed the proposal and whether a requirement for a sidewalk would be appropriate on this property and the City property to the north. They also discussed the need for screening to the north on the part of the applicant because of the City shop. 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 amended 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 —Multi -family Joe Clark June 20, 2002 Page 2 Sincerely Kalispell City Planning Board k A,I-Aw Bill Rice Vice President BR/NW Attachments: Exhibit A (conditions of approval) Staff report KCU-02-4 and application materials Draft minutes 6/ 11/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: D. Joe Clark, P.O. Box 418, Somers, MT 59932 H: \FRDO \TRANSMIT\KALISPEL\2002 \KCU-02-4.00 CUP - Multi -family Joe Clark June 20,2002 Page 3 EXHIBIT A CONDITIONAL USE PERMIT FOR JOE CLARK FOR MULTI-FAMLY 15 UNITS AMENDED 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 screening and buffering be provided on the north side of the site that consists of sight obscuring fencing or landscaping or a combination of both to provide buffering and protection from the traffic, dust, fumes and visual relief. 3. The proposal shall comply with the Kalispell Design and Construction Standards for water, water, stone drainage, and other applicable facilities which shall be approved by the City Engineer prior to the issuance of a building permit. 4. The fire access and suppression system with regard to the location of the buildings, number and placement of fire hydrants as well as related construction be reviewed and approved by the Kalispell Fire Department. 5. To accommodate pick-up of residents by Eagle Transit service, locate the bus stop and access area in accordance with their recommendations. 6. That the project comply with the Uniform Building Code. 7. That an accurately scaled site plan be submitted prior to applying for a building permit. 8. That a sidewalk be installed within the Public right-of-way alone First Ave West separated from the roadway by a landscape boulevard. 9. The conditional use permit is valid for a period of 18 months from the date of authorization after which time occurred the permit shall be void. financing building, obtain and if commencement. H: \... \TRANSMIT\KCU 102 \KCU02-4.DOC the commencement of activities has not A continuous, good faith effort to design the other activities shall be considered a OPPONENTS No one wished to speak and the public hearing was closed. MOTION Johnson moved and. Brechel seconded to adopt staff report KZC-02-1 as findings of fact and recommend to the Kalispell City Council that the requested zone change from RA-1 to B- 2 be granted. BOARD DISCUSSION Brechel questioned the area where the lots were and Wilson clarified. ROLL CALL The motion passed unanimously on a roll call vote. D. JOB CLARK A request by Joe Clark for a conditional use permit to allow CONDITIONAL USE PERMIT the construction of 15 apartment units on property zoned RA-1, Low Density Residential Apartment, at the south end of First Avenue West on the west side of the road. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KCU-02-4 presentation on staff report KCU-02-4, a request for a conditional use permit to construct 15 apartment units in an RA-1, Low Density Residential Apartment zoning district. Wilson explained there would be three four-plex units and one tri-plex unit with each of the units being two-story in design. Access to the site would be from First Avenue West. Two parking lots would be developed; one at the east end of the property and another at the west end of the property with an access road that joins them along the southern boundary. Wilson said the City of Kalispell would grant the applicant an emergency access off of the driveway at the west end of the parking lot to avoid having to put in a turn -around. She mentioned consideration of sidewalks with a landscape buffer along First Ave West since it has been required from the last apartment projects that have come before the board and noted it was not a condition of the staff report. She said her office received one phone call from a property owner to the south. He had concerns about all the access requirements being met on site, which, Wilson said, they will. Staff recommended adoption of the staff report as findings of fact subject to 6 conditions. Wilson noted the addition of condition #7, that the project comply with uniform building codes, and condition #8, that an accurately scaled site plan be submitted prior to applying for a building permit. As an additional recommendation not related to this project staff also recommended screening and buffering to be provided on City property to the north. APPLICANT/AGENCIES David Graham, 128 W. Bluegrass Drive, spoke on behalf of the owners of the property. He said that as a real estate broker he's aware of an excessive demand for multi -family properties and felt this is a logical situation in light of the economy and need for that kind of housing. He felt the location is good because it is close to the central city. He Kalispell City Planning Board Minutes of the meeting of June 11, 2002 Page 3 said it is definitely not suitable for commercial, or a single family residential housing location. He noted it is adjacent to another like property developed with apartments. He stated the owner will fully develop the property as soon as possible and that he does not want it to linger in phases. Graham addressed the site obscuring barrier issue saying the owner is not highly excited about it. He agreed with condition #2 that if they were required to screen the City should do likewise. Graham added that if sidewalks are a consideration they would want the same for the City property along First Ave West. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Anderson moved and Johnson seconded to adopt staff report KCU-02-4 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the amended 8 conditions and recommend to the Kalispell City Council that screening and buffering be provided on the City property to the north along the southern and eastern boundaries of the site in accordance with Section 27.22.050 of the Kalispell Zoning Ordinance. BOARD DISCUSSION Brechel asked if the City was providing for a driveway along the north side easement and Wilson said, no, the only thing the City is providing is an emergency access that is 20 feet wide. Anderson asked if this was the driveway that went back to the football fields and Wilson said it went back to a storage area, which is in the same direction as the football fields but you can't access them from this driveway. Brechel asked about the consequences of the driveway remaining if the City decided to sell. Wilson said it would have to remain because it is the only access to the back of the property and any subsequent owner would acknowledge the emergency access. Brechel asked for clarification about the required screening and Wilson noted that it was to buffer the property from the noise, dust and traffic from the driveway as well as the storage of items at the City shop such as their garbage cans. Rice asked about conditions #7 and #8 and Wilson said site review recommended them to cover all the bases. Kalispell City Planning Board Minutes of the meeting of June 11, 2002 Page 4 Brechel asked for clarification about the buffer zone on the full length of the eastern boundary of the City property. Wilson explained that there is junk exposed in the City shop and regulations in the zoning ordinance require screening and buffering for this type of thing. She said it was not only for the benefit of this property to the south, but for the general public. Brechel asked and Wilson explained the requirements of buffering for new developments, which is not the same as existing developments. She added that in attempting to achieve the high standards of excellence the City has set for itself she felt it was a good faith gesture on their part to buffer the area from the surrounding uses. Rice said that since it is at the far end of First Avenue West it ought to have a sidewalk in front and it should be connected to the existing sidewalk on the north. MOTION (AMENDMENT) Rice moved and Brechel seconded to add condition #9 to the first recommendation requiring sidewalk, per City standards, to the east side along First Avenue West. BOARD DISCUSSION Johnson asked if it was for sidewalk, curb and gutter or just sidewalk and Rice said, just sidewalk. Brechel agreed that if they were going to set standards they might as well set City standards. He said some of the sidewalks go nowhere, but eventually they will go somewhere. Anderson agreed they should be consistent in what they were doing. Johnson said it was fine to have sidewalks going to nowhere as long as they are consistent and they match on both ends eventually ROLL CALL (AMENDMENT) The motion passed with 3 in favor and 1, Johnson, opposed. MOTION (AMENDMENT) Rice moved and Brechel seconded to add to the second recommendation that the City put a sidewalk along First Avenue West matching the one to the south. ROLL CALL (AMENDMENT) The motion passed with 3 in favor and 1, Johnson, opposed. BOARD DISCUSSION Johnson asked Graham if they had the ability to provide an accurate scale of the project and if that should become a part of the conditions. Graham said he didn't personally have the ability to provide that scale and referred to staff. Wilson said it shouldn't be a Kalispell City Planning Board Minutes of the meeting of June 11, 2002 Page 5 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 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Sidewalks / Buffering Along First Ave West - City Shop Property MEETING DATE: July 1, 2002 BACKGROUND: At the June 11, 2002 planning board meeting, the board considered a request by Joe Clark for a conditional use permit to construct 15 apartment units on First Avenue West just south of the Kalispell City Shop. There would be three four-plex units and one tri-plex unit with each of the units being two-story in design. There is a mix of uses in the immediate area. The City shop lies directly to the north of the property to be developed with these dwellings, an apartment building to the south and city -owned lies to the west that the City uses for composting and storage of grass clippings and other compostable materials such as tree trimmings that have been mulched. Undeveloped school district property lies to the east. The shop property is occupied with miscellaneous equipment and items owned by the City. Immediately to the north of the proposed apartment units is a fenced storage area that has garbage cans and other equipment owed by the city in open storage. In the past the Clark property has remained undeveloped and therefore there were no residents that might be affected by the visual impacts of equipment stored in the yard of the city shop Greenbelt standards have been established by the City of Kalispell to mitigate potential impacts to residential areas related to this type of use. Specifically whenever any business or industrial development or a parking lot with four or more spaces adjoins a residential area screening and or buffering is required. The city's current use of this property creates the same type of impacts that would be associated with a commercial or industrial use and affects residential properties in the same manner. The Kalispell City Planning Board and planning staff are recommending to the city council that screening and buffering be provided on the City property to the north along the southern and eastern boundaries to screen the stored garbage bins and other items and equipment. The screening and buffer on the City owned property is intended to provide some relief for the residents of the apartments to the south. Providing Community Planning Assistance To: • City of Kalispell 9 City of Columbia Falls • City of Whitefish KPB Recommendation to CC for Sidewalks and Buffering June 20, 2002 Page 2 The planning board has also recommended the installation of a sidewalk along the frontage of the City shop property so that it would connect with the sidewalk being recommended for installation along the Clark property to the south. Although philosophically the staff would agree that the installation of a sidewalk would be of benefit to the area, this would be generally inconsistent with City policy regarding requiring this type of improvement. Typically improvements like installation of sidewalks and or curb and gutter are done when property is developed, redeveloped or part of a special improvement district. Since the City does not intend to redevelop the shop property, the City would likely participate in a special improvement district for the area if and when one is created. Additionally, there are apparent right-of-way issues on this section of First Avenue West which further complicates the matter. RECOMMENDATION: Staff would recommend installation of buffering along the fenced area of the City shop. Staff would further recommend that the installation of a sidewalk along the City shop property be done at the time of redevelopment or part of a special improvement district. FISCAL EFFECTS: Undetermined. ALTERNATIVES: As suggested by the city council. Respectfully submitted, arda A. Wilson Chris A. Kukuiski Senior Planner City Manager Report compiled: June 20, 2002 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Draft minutes from 6/ 11/02 planning board meeting H: \FRDO\TRANSMIT\KALISPEL\2002\KCU-02-4MEMOADOC D. JOE CLARK REQUEST FOR CONDITIONAL USE PERMIT TRI-CITY PLANNING OFFICE REPORT #KCU-02-4 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: D. Joe Clark P.O. Box 418 Somers, MT 59932 (406) 857-3523 B. Summary of Request: This is a request for a conditional use permit to construct 15 apartment units in an RA-1, Low Density Residential Apartment, zoning district. There would be three four-plex units and one tri-plex unit with each of the units being two-story in design. The building footprint on two of the units would be 28 feet by 60 feet; one would be 28 feet by 60 feet and one would be 28 feet by 68 feet with two units being two-story and one unit one-story. Access to the site would be from First Avenue West. Two parking lots would be developed; one at the east end of the property and another at the west end of the property with an access road that joins them along the southern boundary. All of the parking would be provided on site with some potential for some garages to be developed on the west end of the property. C. Size and Location: This parcel contains approximately 44,973 square feet or 1.0324 acres. The property is located on the west side of First Avenue West, north of 18th Street West. The property can be described as amended Assessor's Tract 8J located in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. D. Existing Land Use and Zoning: This property is currently undeveloped and is zoned RA-1, Low Density Residential Apartment. Density allowed under this zone is 6,000 square feet for the first duplex and 3,000 square feet for each additional unit. The maximum density permitted on this 44,973 square foot site would be 15 units. The siting of the buildings and parking lots along with the fairly uniform shape of the lot has allowed the applicant to maximize the density allowed under the zoning. All of the required setbacks have been met and the buildings would be under the maximum 35 foot building height limit. E. Surrounding Zoning and Land Uses Zoning: This area is a mix of uses in the immediate area. The City shop lies directly to the north of this property which is occupied with equipment and items that are stored there. An apartment building lies to the south of the property. Property owned by the City of Kalispell lies to the west that the City uses for composting and storage of grass clippings and other compostable materials such as tree trimmings that have been mulched. 1 North: City shop, City P-1 zoning East: Undeveloped property and small businesses, City B-2 zoning South: Apartments, City RA-1 zoning. West: Undeveloped City storage property, County R-5 zoning F. Master Plan Designation: The Kalispell City -County Master Plan Map designates this area as Public because of its proximity to the City shop and other city owned property. The other properties in the area have been developed in accordance with the zoning in the area. The apartment proposal 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: Centuryrel 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. Agnate Useable Snare: The site has approximately 44,973 square feet or 1.0324 acres of property which provides adequate space to meet the zoning density, setback and parking requirements as well as to provide for adequate circulation within the site. b. Adequate Access: Access to the site is by way of an existing City street, First Avenue West, a paved street but with no curb and gutter and no sidewalks. A new access would be developed in conjunction with this project along First Avenue West. A secondary emergency access would be provided near the northwest end of the site onto a driveway owned by the City of Kalispell that would provide emergency access for the fire department in the case of an emergency. Staff would recommend that consideration be given to sidewalks being installed within the right-of-way with a landscape buffer that separates the sidewalks from the street since this was required from the last apartment projects that have come before the board. C. Environmental Constraints- The site is generally level and there is no surface water, wetland, or hydric soils on the site. Ashley Creek lies to the west, but is far enough from the site that it would not be impacted by the development. The floodplain map for the area indicates this site is in the 2 500-year floodplain. There are no development restrictions for areas in the 500-year floodplain. A drainage plan will need to be prepared and submitted to the Kalispell Public Works Department which addresses the on -site retention of storm water as well as the extension of water and sewer to the site. No significant environmental constraints are apparent on the property. 2. Appropriateness of design: a. Parking and site circulation: The Kalispell Zoning Ordinance requires 2.5 spaces per dwelling unit for multi -family development. This development would require 38 parking spaces for the 15 units. The site plan indicates a total of 41 parking spaces, an excess of three spaces. There are two parking lots that will be developed for the apartments; one on the east side of the site and one on the west side of the site with an access road along the southern boundary of the property that connects the parking lots and provides access to the west end of the property. The driveway will need to be a minimum of 20 feet in width to comply with the Uniform Fire Code requirements and there will need to be a secondary emergency access that is indicated at the northwest corner of the property. This secondary access will be developed for emergency purposes only and will be paved between the parking lot and the City owned driveway to the north. Traffic circulation within the site is generally good, with an adequate accommodation for the fire department. There is adequate back-up space for within the parking lots and they comply with the design standards of the Kalispell Zoning Ordinance. Circulation within the parking lot and in the area is generally good. b. (perm Space: No specific open space requirements exist in the zoning regulations for a development of this type. However, the configuration of the buildings create an interior courtyard that would be created and can function as a play area and open space area for the apartments. The zoning requirements for setbacks and lot coverage have been met. It is noteworthy that there are utility easements on the north and south ends of the site. The north side of the site will be left in green space while the southern easement will be paved and used as an access road. There is adequate space on the site to accommodate landscaping and the proposed parking areas as well as some green space that can be used as a common area / picnic area / play area for the residents. C. Fencing/ Srreening /Landscaping: The site plan proposes a grassy area at the northern boundary of the property where the 15 foot sewer easement exists. There will be a grassy area developed in the 20 foot setback area along First Avenue West that is 20 feet wide as well. The interior area or courtyard area between the apartments is indicated as being developed as a play area. A hedge is indicated on the site plan between the paved access road on the southern portion of the site and the play area which is appropriate both for safety and screening purposes. Staff would recommend that a sight obscuring barrier be developed along the northern boundary between this property and the City -owned driveway to provide visual relief as well as protection from the traffic, noise, dust and fumes 3 that can be anticipated from some of the large City vehicles that use that driveway. This should be a sight obscuring wooden or slatted fence or trees and shrubs or a combination of both. No fencing or screening would be recommended on the southern side of the property since it abuts a residentially developed property that experiences similar residential traffic and does not have the visual distractions created to the north with the City shop property. Furthermore, the staff would recommend that the City of Kalispell undertake like screening on their property that lies to the north to provide buffering and visual relief from the equipment and miscellaneous items that are routinely stored on the site. d. : No specific dimensions or drawing of a sign was included with the application. A sign location is indicated on the site plan near the entrance along First Avenue West. The zoning allows one sign, 24 square feet in size, and a height not to exceed six feet. A permit for the sign would be required. 3. Availability of Public Services/Facilities: a. Schools: This site is within School District #5. Limited impact is anticipated from the proposed apartment complex. b. Parks and Recreation: The school district has their football field to the northwest of this property which can be fairly easily accessed. There is a track and field there that can be used for some recreational purposes. No City parks are within close walking distance of the site with the nearest City park being Begg Park that lies to the south of this property approximately one mile. 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 Pe rotection: 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 is a need for an approved fire department access which has been established at the northwest corner of the site. This is indicated on the site plan as a paved connection between the western parking lot and the driveway to the north. This would have removable ballasts, a gate or some other feature that would limit routine access but provide easy access in the case of an emergency. e. Water and sewer: Water and sewer will be extended at the owners expense and provided by the City. This may require a hydrant installation as well as service lines being extended to the site. Any extensions or connections would need to comply with the requirements of the Public Works rd Department and the Kalispell Fire Department to accommodate the needs of the project. 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 an additional 100 to 150 average daily trips, based on estimates for this type of 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 and consistent with that which would be anticipated. First Avenue West is a collector street and currently experiences fairly high volumes of traffic. Except during construction, no significant impacts are anticipated from noise, vibration, or dust. Some outdoor lighting is proposed on the parking lot. Staff recommends that the lights be directed downward and shielded to prevent glare onto the neighboring property. No impact from smoke, fumes, gas, odors, or inappropriate hours of operation are anticipated beyond the norm of an urban density neighborhood. A notice of public hearing was mailed to property owners within 150 feet of the site approximately 15 days prior to the hearing. As of this writing, staff has received one comment from the property owner to the south who was concerned that all access requirements be met on -site. No other comments from neighbors on the proposal were received. 5. Consideration of historical use patterns and recent changes: The proposal is generally compatible with the other uses in the immediate area, with an apartment building adjoining this property directly to the south, a mobile home park further to the south of that and undeveloped properties to the east and west owned by the school district and City of Kalispell. The zoning is RA-1, Low Density Residential Apartment, and anticipates this kind of development on this property. The proximity of this site to commercial services which are within walking distance make this an ideal location of this type of development in that regard 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-02-4 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 5 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 screening and buffering be provided on the north side of the site that consists of sight obscuring fencing or landscaping or a combination of both to provide buffering and protection from the traffic, dust, fumes and visual relief. 3. The proposal shall comply with the Kalispell Design and Construction Standards for water, water, stone 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. The staff would recommend the Kalispell City Planning Board recommend to the Kalispell City Council that screening and buffering be provided on the City property to the north along the southern and eastern boundaries of the site in accordance with Section 27.22.050 of the Kalispell Zoning Ordinance. n. Joe Clark / lrst. Ave. West Project www.Withio-,s.com www.genesiscoffee.com 815 Hwy. 82 Somers, MT. 59932 Phone (406) 857-3523 / Ce11261-7821 / Fax (406) 857-2108 May 13, 2002 Narda Wilson Tri-City Planning Office 17 Second St East, Suite 211 Kalispell. Montana 59901 (406) 751-1850 /Fax: (406) 751-1858 RECEtv�� p� 14 't002 oFAcE Dear Narda, David Graham from Coldwell Banker Wachholtz & Co. Real Estate will be my project representative for the 1 rst Ave. west conditional use permit process. Any correspondence after may 28 should be done with David. Sincerely, Joe Clark David Graham Coldwell Banker Wachholtz & Co. Real Estate 1205 S. Main Kalispell, MT 59901 751-4329 / Cell = 885-2585 Joe Clark / 1rst. Ave. West Project www.withlo s.com www.genesiscoffee.com 815 Hwy. 82 Somers, MT. 59932 Phone (406) 857-35231 Cell 261-7821 / Fax (406) 857-2108 May 13, 2002 Narda Wilson Tri-City Planning Office 17 Second St East, Suite 211 Kalispell. Montana 59901 (406) 751-1850 /Fax: (406) 751-1858 Dear Narda, Please find attached my application for a conditional use permit. The permit is for my property located at 1700 1 rst. Ave. West in Kalispell. The property is currently Zoned RA-1 thus would require a conditional used permit for development with uses greater than duplex. I am proposing to develop the property to accommodate the maximum 15 units provided for be code. Thank you again for all of your help. Tri-City Planning Office 17 Second St East, Suite all Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PEEMUT CITY OF KALISPF L PROPOSED OF Mailing Address: NU /Q n✓ We e / City/State/Zip: 6o,4taAS. 4,1 t 5 95r3� Phone: %/D6 ) ,?L �- PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Mailing Address: City/State/Zip: LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street /� Sec. Town- Range Address: ! )(�5� d[, /� r No.___I-(5__ ship �No. Subdivision Tract Lot Block Namr • ATn(e) Nn(S) Nn Zoning District and Zoning Classification in which use is proposed: 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. - Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. On a separate sheet of paper, discuss the following topics relative -to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. - Refuse and service areas. e. Utilities. - f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. 0 Q2- Appli t Signature Date Joe Clark I lrst. Ave. West Project www.witlilo,-s.com www.oenesiscoffee.com 815 Hwy. 82 Somers, MT. 59932 Phone (406) 857-3523 / Cell 261-7821 / Fax (406) 857-2108 #1 The property is currently Zoned RA-1 #2 A. The property to the North is used by the city for a shop. The City owns a 20' paved driveway which runs east and west between the City shop and my north property line. The City uses the driveway to access city property bordering my west property line. The property to the south is used as multi- family housing. The east border of the property runs parallel with 1 rst Ave. West. The property to the east and across 1 rst Ave. west is vacant. For a visual reference, please refer to the attached photo page. B. See attached exhibit marked (B) (E) (F) for the dimensions and shape of - lot. C. The lot is virtually flat and at the same elevation as the bordering properties. D. There are no existing buildings on the property. E. See attached exhibit marked (B) (E) (F) for placement of proposed buildings. F. As shown on exhibit (B) (E) (F) four buildings are proposed. • Two will be 28 x 60 two story with four units. • One will be 28 x 68 two story with four units. • One will be 28 x 68 with two units two story and one unit one story. G. The structures will be used for multi -family rentals. #3 • See attached exhibit marked (3A) (313) (3C) for traffic flow and control, access to and circulation within the property, and Off-street parking. • See attached exhibit marked (31) - 3K) for Refuge, Utilities, buffering, signs, yards and open spaces, structure locations, and light. � oo0 W N O > \DO�� VNZ co a N� m W N rn 0 c Joe Clark / I rst Ave. West Project ii r ME co 3prm O W tWirl NN.A Wz-n �0co vD 00 N Lei m N m a LCO n00� m rLM N wg�� \Z5,n �z co D Lm N (D rr1 N m O c I I M 9 Kalispell Fire/Ambulance Dept. 312 1st Ave East - P.O. Box 1997 Telephone 406-758-7763 Kalispell, MT 59903 -1997 Fax 406-758-7952 TO: NARDAA. WILSON, SENIOR PLANNER FROM: JIM STEWART, FIRE MARSHAL J DATE: MAY 28.2002 SUBJECT: CONDITIONAL USE PERMIT —JOE CLARK/1"tAVENUE WEST We have reviewed the information submitted on the above -referenced project and have the following comments. Fire hydrants delivering the required fire flow shall be provided prior to combustible construction. Hydrants shall be installed in accordance with City standards at locations approved by this department. 2. Approved fire department access shall be provided to ensure adequate emergency vehicle ingress/egress. Please contact me if you have any questions. I can be reached at 758-7763. Assisting The Community In Reducing And Preventing Emergencies" D6—The Daily Inter Lake, Sunday, -May y26, 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 - MISSION ment, 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 tains 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 plex unit, would be con- -Conditional Use Per- structed at the south --mit 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 be described as Asses - The regular meeting of sots 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. 17:00 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- lispell. During the regu- any 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 on the use. The property con - following agenda items, tains approximately The board will make a "=18,229 square feet. The 'recommendation to the -property is at the east Kalispell City Council -end of Washington -Street on the north side. who will take final ac- ;The property can be de- tion. A zone change re- scribed as Amended Assessor's Tract 34 lo- quest by Anthony L. Lu- .,cated in Section 8, po from RA-1, Low -Den- sity Residential Apart- e 21 West, Range ment. to B-2, General Business, a district that P,Flathead Coun- allows a broad mix of Montana.. A request by Dennis commercial uses and Osburn for an initial multi -family dwellings. zoning designation of 6- The property lies be- 2, General Business, tween the St East and 18th Stt East on the upon annexation into east side of Third Ave the City of Kalispell on approximately one third East and contains of an acre that lies at aap-cres acres proximately currently and is currently the southeast corner of propped. The property party Kelly Road and Hwy 93, ig Sky Properties, to - proposed for rezoning at: at225Z Hw',93 can be described as 7, Block Lots 1 throughdition So'. The property.is.cur- 1, Ryker's Ad in rently in theCountyzoM 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. Documents pertaining to these agenda items are on file for pubic in- spection at the Tri-City, Planning Office, 17-Sec- ond Street East, Suite 211, '-Kalispell; MT 599D1,"and are availa- ble for public review during_ regular office hours.-`_. _. - : , to at or 751.1850 for additional.. information. - - /s/fhomas;R. "Jerdi. " Thomas. R..Jentz ---..J tanning, Director. . "Mey26 2002:. TCPO-2002 Zone Change, Variance, Conditional Use, PUD APPLICANT: D. JOE CLARK 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 ication. b Date: �7 y �r 3 %< JOE CLARK P O BOX 418 SOMERS MT 59932 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 14th St East and 1801 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. 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 Osbum 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. fY� Thomas R. Jentz Planning Director CITY OF KALISPELL CROW, JIM W P O BOX 1997 1744 1ST AVE W CLARK, D JOSEPH & BRENDA J KALISPELL, MT 59901-1997 KALISPELL, MT 59901-5711 P O BOX 418 SOMERS, MT 59932-0418 INDEPENDENT CONSULTANTS INC 1507 11T AVE W, STE A KALISPELL, MT 59901 EVANS, GEORGE E 1826 5TH AVE E KALISPELL, MT 59901-5916 PETERSON, DONALD V 343 3PD AVE W KALISPELL, MT 59901 DAVID GRAHAM COLDWELL BANKER WACHHOLTZ & CO REAL ESTATE 1205 S MAIN KALISPELL, MT 59901 DANIELS, ERIC P O BOX 517 WHITEFISH, MT 59937-0517 SINCLAIR, LOUCEAL 1746 IST AVE W KALISPELL, MT 59901-5711 BATTAGLIA, PHILIP & PATRICIA J 335 FOSTER LN WHITEFISH, MT 59937 HEALTHY VISIONS, LLC 218 LAKESHORE DR KALISPELL, MT 59901 JAKES, RANDOLPH W & CAROL A 1112 2ND AVE W KALISPELL, MT 59901 BOLZ, DALE A & JUDY A P O BOX 1096 LAKESIDE, MT 59922-1096 8NC SNABA g1V SNAFA I 8N KVA 6z i BNAD BNADA u R-5 14CA SHOP ADDITION :8K TO KALISPELL 8L 8CA 1 8C 000080 SYTH BUSINESS WM CONDO o 24 23 2 22 BA RS 3 21 20 SO SIDE 5 is 18 ON 17 6 16 7 ' 15 8 ! 14 0 VICINITY MAP 8 1 , 5E 5ED�5EDA AMG CSC 13 � B 1 � 4 5 P N 6 8 9 5-25 5-25B P-1 1F JOE CLARK CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 15 APARTMENT UNITS IN 4 SEPARATE STRUCTURES RA-1, LOW DENSITY RESIDENTIAL APARTMENT USE DISTRICT CITY OF KALISPELL ZONING JURISDICTION FILE KCU PWT DATE: 5/22/02 # —02-4 SCALE 1" = 250' HAgie\wte\kcu02_4.dwg