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10. Reimann - Conditional Use PermitAPPLICANT: ADDRESS: LEGAL DESCRIPTION: OWNER: City of Kalispell P.O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE Roger and Marjorie Reimann 2728 S.E. 98th Portland, Ore 97266 Lots 1 & 2, Block Kalispell 1, Willis Addition, Roger and Marjorie Reimann ZONE: Low Density Residential Apartment, RA-1 Roger and Marjorie Reimann, applicant, applied to the City of Kalispell for a conditional use permit to construct a six 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 nine 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-94-03 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 six 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 the building, 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. Prior to receiving a building permit, comply with all { related provisions and requirements as presented by the Kalispell Site Plan Review Committee and this conditional use permit. 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. Prior to occupancy, dedicate to the City sufficient right-of-way to maintain a 66.5-foot right-of-way for Sylvan Drive to be extended; a 55-foot right-of-way for College Avenue; and a 20-foot alley. 6. Sylvan Drive shall be improved with curb, gutter and pavement if accessed by this development. 7. Combine the separate lots/parcels into a single parcel. 8. 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. 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 2 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 21, 1994 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 RE: Reimann - Conditional Use Permit 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 Roger and Marjorie Reimann for a conditional use permit to allow a 6 unit apartment complex in Kalispell. The property is located on the west side of College Avenue approximately 1,000 feet south of Conrad Drive. The site is more particularly described as Lots 1 and 2, Block 1, Willis Addition in the NW4 of Section 17, T28N, R21W, P.M.M., Flathead County, Montana. John Parsons, of FRDO presented the staff report, and recommended granting the permit subject to nine (9) conditions. The representative for the applicant addressed the requirement for curb, gutter and pavement, noting that it would not to connect to any other pavement, and would only be for approximately 100 feet. No one spoke in opposition. Following the public hearing, Board discussion focused on the Sylvan Drive street system, and providing curb, gutter and pavement on a dead end. Board voted to amerAcondition #6. The vote was 8-0 in favor of adopting the findings of fact in report #KCU-94-03, to recommend approval of the conditional use permit, subject to the amended conditions as listed on Attachment A. 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, KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION owt, Therese Fox Hash President TFH/JJP/eo Attachments: Attachment A c: Roger and Marjorie Reimann FRDO Report #KCU-94-03 2728 SE 98th Application Materials Portland, OR 97266 Providing Community Planning Assistance To: s Flathead County a City of Columbia Falls ® City of Kalispell e City of Whitefish • ATTACHMENT A ROGER AND MARJORIE REIMANN CONDITIONAL USE PERMIT #KCU-94-03 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 the building, 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. Prior to receiving a building permit, comply with all related provisions and requirements as presented by the Kalispell Site Plan Review Committee and this conditional use permit. 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. Prior to occupancy, dedicate to the City sufficient right-of-way to maintain a 66.5-foot right-of-way for Sylvan Drive to be extended; a 55- foot right-of-way for College Avenue; and a 20-foot alley. 6. Sylvan Drive shall be improved with curb, gutter and pavement if accessed by this development. 7. Combine the separate lots/parcels into a single parcel. 8. 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. 9. The conditional use permit shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. F:\ ... \TRANSMIT\KCU94-03.REC FLATAEAD REGIORAL DEVELOPMENT OFFICE CONDITIONAL USE REPORT #KCU94-03 ROGER AND MARJORIE REIMANN April 3,1994 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 six (6) 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. Roger and Marjorie Reimann 2728 S.E. 98th Portland, OR 97266 Location: The property is located at the southern end of College Avenue on the west side of the road. Legal Description: The property is described as Lots 1 and 2, of Block 1, Willis Addition, in the SW4, Section 8, Township 28 North, Range 21 East, P.M.M. Flathead County, Montana. Size of Property The size of the property is approximately 18,000 square feet and rectangular in shape. There is 103 feet of frontage on College Avenue, and 175 feet along Sylvan Drive on the south. This is a request to allow the construction a six (6) unit apartment complex in one (1) two story building and onsite parking (See attached site plan). I 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 a Conditional Use Permit. Existing Land Use: The property is currently vacant. 1 Adjacent Zoning and Land Use: The property to the north contains residences and is also zoned RA-1. Properties to the south are zoned R-3 and have residences on them. The property to the east, across College Avenue, is zoned RA-1 and contains residences. J I - - OANWIIII I The Master Plan designates the site as High Density Residential (8-40 units per acre). The applicant, at six (6) units on 18,000 square feet, is proposing a density of 14 units/acre. F. UTILITIESISERVICES -Sewer City of Kalispell Water: City of Kalispell Garbage.- City of Kalispell Police: City of Kalispell Fire: City of Kalispell A290-PI 1. Site Suitability: a. Adeguate Useable Space Currently the properties contain just under the required 18,000 square feet necessary for the applicant to construct six (6) units. As a result the applicant has requested the City abandon the ROW for Sylvan Drive. Sylvan Drive is, at this location, a 70-foot ROW. Under Resolution 4144 the City will abandon 35-foot of ROW. The Reimanns' need an additional 3.5 feet along the southern boundary of the property to meet the required 18,000 square foot necessary to build a six-plex. The Reimanns will dedicate back to the City all but 3.5 feet. The gross area of the property will then be approximately 18,000 square feet. The zoning ordinances sets a maximum density of 3,000 square feet per unit. This site can accommodate a maximum of six (6) units after abandonment, which is what the applicant proposes. In addition, two (2) individual lots should be combined into one (1) lot for uniformity and the issuing of building permits. b. Adequate Access: College Avenue provides, immediate primary access. This road is a two-lane paved local street. C. Environmental Constraints: The accessible. There are no known the site. P_q site is basically level and easily endangered plants or species on IILO a. Building The single building located on the west end of the property appears to be adequate. The design allows for parking in the front with some open space area on the north. The maximum allowable height of the buildings would be 35 feet. b. Parking Scheme: A total of 16 parking spaces are provide for the six (6) units. The zoning ordinance requires two (2) spaces per unit plus 0.5 space per unit for overflow. This would require a total of 15 spaces. C. Traffic Circulation: A 25-foot wide paved driveway is proposed to access the parking spaces. d. Open Space: The site has been designed with easy and convenient access to the units. e. Fencing/Screening/Landscaping: Landscaping along the property lines will soften the impact of the perimeter parking areas and the buildings. f. Si na e. A request for signage was not included in the proposal. The applicant must comply with the sign code portion of the zoning ordinance. 3. Availability of Public Services/Facilities: a. Schools: The apartments are within the jurisdiction of School District #5. A County wide average of 0.4 school age children would be expected to live here. This would mean that approximately three (3) children would live here. This will have an insignificant effect on the schools of this District. b. Parks and Recreation: City park facilities are relatively close. The Woodland Park facilities are on the north side of College Avenue's intersection with Conrad Drive. 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. K. e. Water: A six (6) inch water main is located in College Avenue which will provide adequate water service. f. Sewer: An eight (8) inch sewer exists in College Avenue 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 40 daily vehicle trips (6.6 per unit). Trips will generally head north toward Woodland Drive. This is an increase; however, College Avenue has ample capacity. City Council indicated in their abandonment proceedings the desire for Sylvan Road to be extended as a paved road. Currently it is dirt. 4. Immediate Neighborhood Impact: The area is already committed to a variety of residential types including: mobile homes, single-family residences, and multi -family development. In addition, this appears to be a good location due to its proximity to services. 5. immediate Neighborhood _Integriiy: 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 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. H. SUMMARY OF FINDINGS The proposed six (6) 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. Adequate access is provided by College Avenue. Traffic will increase in the neighborhood; however, the street system can accommodate it. The additional children will pose a minor impact on school enrollment. The site has land area for the six (6) units; adequate parking is available; and has suitable vehicle circulation. . 0 . , _. IMMMAA 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 the building, 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. Prior to receiving a building permit, comply with all related provisions and requirements as presented by the Kalispell Site Plan Review Committee and this conditional use permit. 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. Prior to the issuance of a building permit dedicate to the City sufficient right-of-way to maintain a 66.5-foot right-of-way for Sylvan Drive to be extended; a 55-foot right-of-way for College Avenue; and a 20-foot alley. 6. Sylvan Drive shall be improved with curb, gutter and pavement. 7. Combine the separate lots/parcels into a single parcel. 8. 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. 9. The conditional use permit shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. F:\FRDO\REPORTS\KCU94-03.APT 6 AIE Al IMANN CONDITIONAL USE PERMIT g„ _ a WOODLAND z tt �2 i eT zs z6 cc00� t:vf 3f PARK , J l �r' � \' � ... 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