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07. Courtyard Apartments - Conditional Use PermitCity of Kalispell P.O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Brian Wood City Zoning Official ADDRESS: P.O. Box 1997 Kalispell, MT 59903 LEGAL DESCRIPTION: Tract 1G, NE1/4, Section P.M.M. OWNER: City of Kalispell 19, T28N, R21W, ZONE: Low Density Residential Apartment, RA-1 Brian Wood representing applicant, applied to the City of Kalispell for a conditional use permit to construct a 32 unit apartment complex on the property described above. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on April 12, 1994 held a public hearing on the application, took public comment and recommended that the application be approved subject to eight conditions. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-94-05 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit for the construction of a 32 unit apartment complex, subject to the following conditions: SECTION I. 1. The applicant shall conform to the requirements contained in the City of Kalispell Zoning Ordinance. 2. Development of the site will be in substantial conformance with the approved site plan. The approved site plan shall govern the general location of all buildings, parking, landscaping, and roadways. The applicant shall submit a final site plan to the Site Plan Review Committee that incorporates all the conditions specified in this conditional use permit. 1 3. A fire hydrant shall be located as approved by the Fire Chief. 4. The parking lots shall be designed in conformance to Chapter 27.26 of the zoning ordinance. This includes submission of a landscape plan to buffer the parking facilities from adjoining properties. 5. The play area shall contain at least one children's tot lot, the design of which shall be approved by the City of Kalispell Parks Director. The tot lot shall be designed with play amenities so as to create a usable site. 6. A storm water drainage plan prepared by a licensed architect or engineer shall be submitted to, and approved by, the City Public Works Department that adequately addresses on -site storm water detention and disposal. 7. Prior to receiving a building permit, comply with all related provisions and requirements as presented by the Kalispell Site Plan Review Committee. SECTION II. The conditional use permit, herein granted, shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. Dated this day of 1994. Douglas D. Rauthe, Mayor STATE OF MONTANA ) ss County of Flathead ) On this day of , 1994, before me, a Notary Public, personally appeared Douglas D. Rauthe, 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 he 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 3 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406)758-5780 April 13, 1994 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 RE: City of Kalispell - Conditional Use Permit Airport Road Apartments Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met in regular session on Tuesday, April 12, 1994, and held a public hearing on the following: A request by the City of Kalispell for a conditional use permit to allow a 32 unit apartment complex in Kalispell. The complex will be located on the west side of Airport Road approximately 600 feet south of 18th Street. Access would be from Airport Road. The site is zoned RA-1, Low Denisty Residential, and contains 2.25 acres. The site is more particularly described as Tract 1G, in the NE4 of Section 19, T28N, R21 W, P.M.M., Flathead County, Montana. John Parsons, of FRDO presented the staff report, and recommended granting the permit subject to eight (8) conditions in the report. During the public hearing, the joint project between the City of Kalispell and Montana Human Resources was explained and questions answered. No one spoke in opposition. The Board discussed children safety in relation to the proximity of the site to the Ashley Creek floodplain, and were assured that the creek is a substantial distance from the apartment complex, and is not intended for family based occupancy. The Board adopted the findings of fact, and voted 8-0 with one abstention, to recommend approval of the conditional use permit. This recommendation is being forwarded to the City Council for final action. If you have any questions regarding this request, please contact the Commission or John Parsons at FRDO. Respectfully Submitted, '7her SPELL CITY -COUNTY PLANNING BO D AND ZONING COMMISSION _6� 6/1 ese Fox Hash President TFH/JJP/eo Attachments: FRDO Report #KCU-94-05 Application Materials Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls ® City of Kalispell 9 City of Whitefish 9 ATTACHMENT A AIRPORT ROAD APARTMENTS CONDITIONAL USE PERMIT #KCU-94-05 CONDITIONS OF APPROVAL AS RECOMMENDED BY KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION APRIL 12, 1994 It is recommended that the City Council grant the requested Conditional Use Permit, subject to the following conditions: 1. The applicant shall conform to the requirements contained in the City of Kalispell Zoning Ordinance. 2. Development of the site will be in substantial conformance with the approved site plan. The approved site plan shall govern the general location of all buildings, parking, landscaping, and roadways. The applicant shall submit a final site plan to the Site Plan Review Committee that incorporates all the conditions specified in this conditional use permit, 3. A fire hydrant shall be located as approved by the Fire Chief. 4. The parking lots shall be designed in conformance to Chapter 27.26 of the zoning ordinance. This includes submission of a landscape plan to buffer the parking facilities from adjoining properties. 5. The play area shall contain at least one children's tot lot, the design of which shall be approved by the City of Kalispell Parks Director. The tot lot shall be designed with play amenities so as to create a usable site. 6. A storm water drainage plan prepared by a licensed architect or engineer shall be submitted to, and approved by, the City Public Works Department that adequately addresses on -site storm water detention and disposal. 7. Prior to receiving a building permit, comply with all related provisions and requirements as presented by the Kalispell Site Plan Review Committee. 8. The conditional use permit shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. TRANS MIT\KCU 94-05.REC FLATHEAD REGIONAL CONDITIONAL USE REPORT #KCU94-05 AIRPORT r 1 ROAD ♦:, APARTMENTS ; r MARCH 1994 A report to the Kalispell City -County Planning Board and Zoning Commission and the City Council regarding a request for a Conditional Use Permit to construct and operate a 32-unit apartment complex. A public hearing before the Zoning Commission is scheduled for April 12, 1994, with a recommendation to be forwarded to the Kalispell City Council for final action. Brian Wood, on behalf of The City of Kalispell P. O. Box 1997 Kalispell, MT 59903-1997 Location: The property is located approximately 600 feet south of 18th Street on the west side of Airport Road. The site is presently vacant and lies north and east of Ashley Creek. Legal Description: The property is described as Assessor's Tract 1 G in the NE4, Section 19, Township 28 North, Range 21 East, P.M.M. Flathead County, Montana. Size of Property: The size of the property is approximately 2.25 acres and rectangular in shape. There is 350 foot of frontage on Airport Road, and the property extends back approximately 280 feet. C. NATURE OF REQUEST This is a request to allow the construction a thirty-two (32) unit low income apartment complex in four buildings with a centralized play area and perimeter parking. In addition, a future Laundry -Office -Maintenance building would be constructed (See attached site plan). Existing Zoning: City of Kalispell RA-1, Low Density Residential Apartment Zoning. "Multi -family dwelling" is listed as a use which may be permitted by Conditional Use Permit. it F4 2 C� Existing Land Use: The property is currently a field with no improvements. Adjacent -Zoning and Land Use: The property to the north contains apartments and is also zoned City RA-1. Properties to the south and west are zoned County R-1 and are vacant with Ashley Creek running through them. The property to the east, across Airport Road, is zoned P-1 Public and contains the Kalispell Airport. SUM The Master Plan designates the site as High Density Residential (8-40 units per acre). The applicant, at 32 units on 2.25 acres, is proposing a density of 14.2 unitslacre. UTILITIES/SERVICES Sewer: City of Kalispell Water: City of Kalispell Garbage. City of Kalispell Police: City of Kalispell Fire: City of Kalispell 1. Site Suitabilitv: a. Adequate Useable Space: The gross area of the property is approximately 98,000 square feet. The zoning ordinances sets a maximum density of 3,000 square feet per unit. This site can accommodate a maximum of 32 units, which is what the applicant proposes. b. Adequate Access: Airport Road provides immediate primary access. This road is considered a collector street in the Kalispell City -County Master Plan. C. Environmental Constraints: A small portion of the west end and south side of the property is in a designated floodplain. This is not considered significant since all buildings are well out of the floodplain. The site is level and easily accessible. There are no known endangered plants or species on the site. The soil types, however, do indicate some potential problems. The soils are classified as SA (saline -alkaline). They are soggy in wet seasons and are characterized as saline or salty. Typical limitations include flooding or ponding, seasonal high water table, adverse shrink - swell and frost heave potential and have unfavorable load bearing Fq capabilities. These limitations cause problems with road and foundation work, lawn and yard care. While each limitation can be overcome with proper engineering, such factors do increase the cost of project development. 2. Appropriate Design: a. Buildings: Each of the buildings appear to have adequate separation. The design with its perimeter parking lot is a preferable design to allow for centralized play area so children can be supervised from the units. Maximum allowable height of the buildings would be 35 feet. b. Parking Scheme: A total of 62 standard parking spaces along with 7 handicapped spaces are provided onsite for a total of 69 spaces for the 32 units. The zoning ordinance requires 2 spaces per unit onsite plus 0.5 space per unit for overflow. A total of 64 spaces are required to be onsite. The City has provided 69 spaces, leaving 5 guest parking spaces onsite. Sixteen spaces for overflow/guests are required to service this development. An additional 11 spaces are located adjacent to the development on the street, making a total of 16 spaces (the required number). This overflow parking is not required to be contained onsite. C. Traffic Circulation: A 24-foot wide paved driveway is proposed to access the parking spaces. With two access points from Airport Road this is felt to be adequate. d. Open Space: The site has been designed with easy and convenient access to the units as well as a centralized play area for the children. This play area can be easily supervised from all the buildings. e. Fencing/Screening/Landscaping: Landscaping along the north and south property lines will soften the impact of the perimeter parking areas and the buildings. In addition, on the west and south sides of the property is a floodzone which is proposed to be landscaped. f. Siignage: A request for signage was not included in the proposal. The applicant must comply with the sign code portion of the zoning ordinance. 3 3. Availability of Public Services/Facilities: a. Schools: The apartments are within the jurisdiction of School District #5. On average, 25 to 30 school age children would be expected to live here. Realistically, because these are destined to become low income apartments, the number could be more. This will have an affect on the elementary schools of this District and will continue to add impetus to build an additional elementary school in the District. b. Parks and Recreation: -City park facilities are relatively close. The airport soccer fields, as well as Griffin Field (South Meadows Park), are approximately 1/4 mile south on Airport Road. In addition, the City will develop a play area on its property in the center to create a place for children to play on site. C. Police: The Kalispell Police Department can adequately respond to emergency situations at the complex. d. Fire Protection: The Kalispell Fire Department can adequately respond to this complex. e. Water: A six (6) inch water main is located in Airport Road which will provide adequate water service. f. Sewer: Adequate sewer exists and provides ample service capacity. g. Solid Waste: The applicant will have to submit a plan to the Public Works director. The City can adequately serve the site. h. Roads: The apartment complex will generate up to 210 daily vehicle trips (6.6 per unit). Trips will generally head north back to the City center. This is an increase; however, Airport Road has ample capacity. 4. Immediate Neighborhood Impact The area is already committed to multi- family development and the City in general needs affordable housing. In addition, this appears to be a good location due to its proximity to services. 5. Immediate Neighborhood Integrity: The proposed use is conditionally permitted by the zoning. The use will increase traffic on the road system but it is designed to handle the increase. This area is already being Ell developed with multi -family uses so no impact is expected. 6. Impact on Property Values: The property is located within a larger area that is similarly zoned RA-1. Because of the zoning and Master Plan, the proposed use is "expected" and therefore should have no impact on property values. The neighboring uses will no longer be "at the edge of town" with open vistas to the south. However, this would be a false expectation in a developing area. Views to the west would be expected to continue because of Ashley Creek and its floodplain. The proposed 32-unit apartment complex is located in an RA-1 zoning district which conditionally allows multi -family uses. The Master Plan anticipates this type of development. Excellent access is provided by Airport Road. Traffic will increase in the neighborhood; however, the street system can accommodate it. The additional children will pose a minor impact on school enrollment at the elementary level. The site has land area for the 32 units; adequate parking is available; open space and a children's play area; and has suitable emergency vehicle circulation. f�:�x�Zs7���1►�il�li!I�li�� It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt this report as Findings of Fact and recommend that the City Council grant the requested Conditional Use Permit, subject to the following conditions: 1. The applicant shall conform to the requirements contained in the City of Kalispell Zoning Ordinance. 2. Development of the site will be in substantial conformance with the approved site plan. The approved site plan shall govern the general location of all buildings, parking, landscaping, and roadways. The applicant shall submit a final site plan to the Site Plan Review Committee that incorporates all the conditions specified in this conditional use permit, 3. A fire hydrant shall be located as approved by the Fire Chief. 4. The parking lots shall be designed in conformance to Chapter 27.26 of the zoning ordinance. This includes submission of a landscape plan to buffer the parking facilities from adjoining properties. 5. The play area shall contain at least one children's tot lot, the design of L, which shall be approved by the City of Kalispell Parks Director. The tot lot shall be designed with play amenities so as to create a usable site. 6. A storm water drainage plan prepared by a licensed architect or engineer shall be submitted to, and approved by, the City Public Works Department that adequately addresses on -site storm water detention and disposal. 7. Prior to receiving a building permit, comply with all related provisions and requirements as presented by the Kalispell Site Plan Review Committee. 8. 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