08. Flathead Industries - Conditional Use PermitCity of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Mike Kelly
ADDRESS: B.O. Box 1916
Kalispell, MT 59903
LEGAL DESCRIPTION: Lots 9 & 10, Block 32, Kalispell Original
OWNER: Flathead Industries
ZONE: General Business, B-2
Mike Kelly, applicant, applied to the City of Kalispell for
a conditional use permit to construct a community residential
facility serving 8 persons, on the property described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on May 10, 1994 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 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-94-08 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 community residential facility serving 8
persons, subject to the following conditions:
SECTION I.
1. This development comply with zoning ordinance
requirements.
2. The developer record a Covenant/Restriction on the
property that indicates this development has been
specifically approved for a Community Residential
Facility; that any change in use might require a new
Conditional Use Permit and additional onsite parking. In
addition, indicate any change to the facility would have
to be approved by the City of Kalispell. The specific
wording of said Covenant/Restriction would be approved by
the City Attorney prior to the issuance of a building
permit.
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3. A parking and landscape plan be submitted and approved by
the Site Plan Review Committee.
4. A final Site Plan be approved by the Site Plan Review
Committee.
5. That the alley be paved.
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
STATE OF MONTANA }
ss
County of Flathead }
, 1994.
Douglas D. Rauthe, Mayor
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
V,
FLATHEAD REGIONAL DEVELOPMENT OFFICE
CONDITIONAL USE REPORT JKCU-94-08
FLATHEAD INDUSTRIES - COMMUNITY RESIDENTIAL FACILITY
APRIL 28, 1994
A report to the Kalispell City -County Planning Board and Zoning Commission regarding a
request for a Conditional Use Permit to allow a community residential facility. This request
is scheduled for a public hearing at 7:00 PM on May 10, 1994. A recommendation will then
be forwarded to the Kalispell City Council for final action. The hearing will be held in the
City Council Chambers, City Hall, 213 -1st Avenue East, Kalispell.
A. APPLICANT/OWNER
Mike Kelly
Flathead Industries
Box 1916
Kalispell, MT 59903
B. SIZE AND LOCATION:
The property is approximately 14,000 square feet in area, located 'on the east side
of 4th Avenue West approximately 150 feet south of Center Street. The property is
more particularly described as lots 9 and 10 of Block 32, Kalispell Original Townsite,
in the SE4 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. NATURE OF REQUEST
The applicant is requesting a Conditional Use Permit to allow the construction of an
eight (8) person, 3821 square foot Community Residential Facility in the B-2 zone.
The property is currently on two city size lots.
D. LAND USE AND ZONING
Existing: Currently the properties are vacant and zoned B-2
Adjacent: The surrounding properties are zoned B-2 and contains a mixture of
commercial and residential type uses.
E. MASTER PLAN DESIGNATION
The Master Plan designates this area as Commercial and anticipates the type of use
proposed.
F. UTILITIES/SERVICES
Sewer:
City of Kalispell
Water:
City of Kalispell
Solid Waste:
City of Kalispell
Police:
City of Kalispell
Fire:
City of Kalispell
0. EVALUATION OF REQUEST
1. Site Suitability:
a. Adequate Useable Space: The proposed facility is considered to have
minimum adequate space on the site. Although, parking seems to
possibly be inadequate.
b. Adequate Access: The proposed access onto 4th Avenue West to the
alley provides adequate access.
C. Environmental Constraints: No known or documented environmental
constraints exist on or adjacent to this site..
2. Appropriate Design:
a. Parking Scheme: Parking is concern with this project. While the
parking lot is well laid out for its size, four (4) spaces may be
inadequate. The current Zoning Ordinance does not provide a ratio
for this particular use. The ordinance does indicate that when a use
is not listed the Zoning Commission shall determine the number of
parking spaces required using the most similar use listed. It would
appear that the Rooming House/Dormitory is the most similar, this
would require one (1) per bed. However, if this were to be and stay
a facility for housing the elderly, then 0.5 per lodging unit could be
used. it would be however deficient in number if the use were to
change in the future to a more commercially permitted use. Staff
suggests that a deed restriction be recorded with the property that
indicates this use/property has been designed for a Residential Care
Facility and that a change in use might require additional parking.
b. Traffic Circulation: A single access from 4th Avenue West to the alley
presently serves the site. There appears to be an adequate drop-off
site provided. In addition, since the project would utilize the alley as
its only exit, the alley should be paved.
C. Open space: The applicant proposes to provide a lawn area with a
portion of the side yard fenced off. This appears to be adequate.
d. Fencing/Screening: The applicant has not submitted a landscape plan.
As previously indicated they propose to secure a portion of the side
yard with a fence.
e. Landscaping: The applicant has not submitted a landscape plan. A
plan would be required to be submitted for the approval of the Site
Plan Review Committee.
f. Si na e: The applicant has not submitted a signage plan, sign would
conform to the Kalispell Zoning Ordinance.
3. Availability of Public Services/Facilities:
a. Schools: Because of the nature of this facility, no impact on schools
is anticipated.
b. Parks and Recreation: Because of the nature of this facility, no impact
on parks or recreation is anticipated.
C. Police: The facility can be adequately served by existing staff and
equipment.
d. Fire Protection: The facility can be adequately served by existing staff
and equipment.
e. Water: A water main lies in 4th Avenue West and adequately serves
the site.
f. Sewer: A sewer main lies in the alley and adequately serves the site.
g. Solid Waste: The site can be adequately served by the* Kalispell
Municipal collection service.
h. Roads: The property abuts 4th Avenue West. Adequately serves the
site.
4. Immediate Neighborhood Impact: This area has developed with commercial
and residential uses. The proposal will support this concept. The greatest
impacts will include an increased demand for parking, slightly increased
traffic flows and the loss of some green space. Parking is a limiting factor as
there appear to be no additional parking options on site.
5. immediate Neighborhood Integrity: This project is located within an area
anticipated for commercial use. This type of use is not considered out of
character for this area. This type of development is both anticipated and
welcomed.
6. Impact on Property Values: The proposed project should not have significant
impacts on the surrounding properties. The proposed development is
anticipated to be harmonious with adjacent uses and developments and
should have no impact on established values in the area.
H. SUMMARY OF FINDINGS
The requested use has adequate space for the proposed development;
With adequate safeguards for future users of the property, no significant impact
would be expected from the parking, circulation, and layout;
All public services/utilities are available to the development and;
All neighborhood impacts would be insignificant since the use is anticipated by the
zone and Master Plan.
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I. RECOMMENDATION
it is recommended that the City -County Planning Board and Zoning Commission
adopt this report as Findings of Fact and grant the requested Conditional Use
Permit, subject to the following conditions.
1. This development comply with zoning ordinance requirements.
2. The developer record a Covenant/Restriction on the property that indicates
this development has been specifically approved for a Community Residential
Facility; that any change in use might require a new Conditional Use Permit
and additional onsite parking. in addition, indicate any change to the facility
would have to be approved by the City of Kalispell. The specific wording of
said Covenant/Restriction would be approved by the City Attorney prior to
the issuance of a building permit.
3. A parking and landscape plan be submitted and approved by the Site Plan
Review committee.
4. A final Site Plan be approved by the site Plan Review Committee.
This Conditional Use Permit shall be valid for a period of 18 months.
F:\...\KCU94-08.CRF
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ADDENDUM TO
STAFF REPORT KCU94-08
SUBMITTED TO: KALISPELL CITY -COUNCIL
FROM: JOHN PARSONS, SENIOR PLANNER
RE: FLATHEAD INDUSTRIES CUP (KCU94-08)
DATE: MAY 12, 1994
At the regularly scheduled public hearing of the Kalispell City County Planning Board and
Zoning Commission, held on May 10, 1994 the architect, John Constenius, submitted a
revised site plan for Flathead Industries. This memo is a review and recommendation
concerning that plan. The new plan has been attached to this memo for your review. As
can been seen the site is essentially the same, changes would include: 5 additional parking
spaces, of which 7 are now diagonal; the building exterior has been modified by narrowing
it and adding area on the south side, the total square feet was verbally indicated to be the
same; the fenced side yard has been significantly reduced in size; a note has been added
in the area of the "porte cochere" indicating two future apartments; and the area by the
storage shed has been modified.
Except for the two (2) future apartments indicated on the plan staff feels this plan has no
significant negative impacts. The plan in fact is a better layout than the originally
submitted plan by adding additional parking. Of significant concern would be the
apartments. These apartments would not be a part of any approval of this conditional use
permit, but could be considered under a future application.
RECOMMENDATION:
It is recommended that the City Council approve the revised site plan with additional
conditions.
That the apartments are not approved with this conditional use permit and would
need to be approved under an amended CUP for the site.
2. That the developer install a fence or other suitable buffer along the south property
line.
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