06. Burt - Conditional Use PermitCity of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Craig Burt
ADDRESS: P.O. Box 9611
Kalispell, MT 59904
LEGAL DESCRIPTION: Lot 3, Liberty Village
OWNER: Craig Burt
P. 0. Box 9611
Kalispell, MT 59904
ZONE: Low Density Residential Apartments, RA-1
Craig Burt, applicant, applied to the City of Kalispell for a
conditional use permit to construct and operate seven (7) apartment
units in two buildings on the property described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on May loth, 1994 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to six (6)
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-94-06.as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit for
the construction and operation of seven (7) apartment units in two
buildings subject to the following conditions:
SECTION I.
1. The applicant shall conform to the requirements contained
in the City of Kalispell Zoning Ordinance.
2. 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.
3. The trash enclosure shall meet City requirements
necessary for containing two trash receptacles.
1
4. 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.
5. 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 for their approval that incorporates all
the conditions specified in this conditional use permit
and the Kalispell Zoning Ordinance prior to receiving a
building permit.
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 )
IF 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
2
723 5th Avenue East - Room 414
May 12, 1994 Kalispell, Montana 59901
Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Burt - Conditional Use Permit
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, May 10, 1994, and held a public hearing on the following:
A request by Craig Burt of Kingswood Townhomes Development to allow
as a conditional use permit the construction of seven (7) apartment units
in two buildings on Lot 3 of Liberty Village in Kalispell. The access
would be from Liberty Street to the interior drive and parking. The
site is zoned RA-1, Low Density Residential Apartments; the design would
supply 18 onsite parking spaces and utilize existing City services.
John Parsons, of FRDO presented the staff report, and recommended granting the
permit subject to six (6) conditions. The applicant was in agreement with all
conditions. No one spoke in opposition.
Following the public hearing, and brief Board discussion, the vote was 8-0 in favor
of adopting the findings of fact in report #KCU-94-06, to recommend approval of the
conditional use permit, subject to the 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,
KAL,IS,P`ELL CITY-COUNYY BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/JJP/eo
Attachments: Attachment A
FRDO Report #KCU-94-06
Application Materials
c w/Att A: Craig Burt
P.O. Box 9611
Kalispell, MT 59904
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell 9 City of Whitefish •
ATTACHMENT A
CRAIG BURT - KINGSWOOD TOWNEHOMES DEVELOPMENT
CONDITIONAL USE PERMIT #KCU-94-06
CONDITIONS OF APPROVAL
AS RECOMMENDED BY
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MAY 10, 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. 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.
3. The trash enclosure shall meet City requirements necessary for
containing two trash receptacles.
4. A storm water drainage plan prepared by a licensed architect or
engineer shall be submitted to, and approved by the City Public Works
f Department that adequately addresses on -site storm water detention and
disposal.
5. 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
for their approval that incorporates all the conditions specified in this
conditional use permit and the Kalispell Zoning Ordinance prior to
receiving a building permit.
6. The conditional use permit shall terminate 18 months from date of
issuance if commencement of the authorized activity has not begun.
F:\...\TRANSMIT\KALISPEL\KCU94-06.REC
FLATHEAD REGIONAL DEVELOPMENT
CONDITIONAL USE REPORT #KCU-94-06
APRIL 28,1994
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 seven
(7) unit apartment complex consisting o o uildings. A public hearing before the
Planning Board is scheduled for Tuesday, May 10 1994, with a recommendation being
forwarded to the Kalispell City Council for final action.
A. APPLICANT/OWNER:
Craig Burt
P.O. BOX 9611
Kalispell, MT 59904
(406) 756-6697
The subject property is approximately 21,000 square feet in area and located
approximately 1/2 mile west of Meridian Road on the north side of Liberty street.
The property is more particularly described as Lot 3 of Liberty Village Subdivision.
C. NATURE OF REQUEST
This is a request to allow the construction a seven (7) unit apartment complex in two
(2) - two story buildings with onsite parking (see attached site plan and elevations).
D. LAND USE AND ZONING
Subject Property: The property is currently 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. The property is currently vacant.
Adiacent: The property to the north contains pasture and a residence; it is zoned
County R-1. Property to the south is zoned City RA-1 and is developed with
apartments. The properties east and west are zoned City RA-1 and are vacant but
are anticipated to be developed with apartments.
E. MASTER PLAN DESIGNATION
The Master Plan designates the site as High Density Residential (8-40 units per acre).
The applicant, at 7 units on 21__000_square feet, is proposing a density of 14.5
units/acre.
F. UTILITIES/SERVICES
Sewer:
City of Kalispell
Water:
City of Kalispell
Garbage:
City of Kalispell
Police:
City of Kalispell
Fire:
City of Kalispell
G. EVALUATION OF REQUEST
1. Site Suitability:
a. Adequate Useable Space: Currently the property contains
approximately 21,000 square feet which is the minimum necessary to
construct seven (7) units. The property contains sufficient area to
accommodate the necessary improvements of this development.
b. Adequate Access: Liberty Street provides immediate primary access.
This road is a two-lane paved local street.
C. Environmental Constraints: The site is basically level and easily
accessible. There are no known endangered plants or wildlife species
on the site.
2. Appropriate Design:
a. Building: one of the two buildings would be located on the northern
end of the lot the other would be located toward the east side of the
lot. The design allows for parking in the front with some open space
area interspersed. The maximum allowable height of the buildings
would be 35 feet.
b. Parking Scheme: A total of 18 parking spaces are provide for the
seven (7) units. The zoning ordinance requires two (2) spaces per unit
plus 0.5 space per unit for overflow. This would require a total of 18
spaces.
C. Traffic Circulation: A 24-foot wide paved driveway Is proposed to
access the parking spaces. Minor modification to the plan would be
required at the north end of the parking lot due to a required 24 foot
backup area where only 16 feet Is shown.
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 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
Hawthorne Park facilities are located approximately 1,000 feet to the
east.
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 water main is located in Liberty Street which will provide
adequate water service.
f. Sewer: A sewer main exists in Liberty Street 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. The site plan
may need to be modified to meet the minimum 16 feet required for
4_ two trash dumpsters. The City requires a minimum of 1 - 400 gallon
dumpster for every 4 households.
h. Roads: The apartment complex will generate up to 46 daily vehicle
trips (6.6 per unit). Trips will head east toward Meridian Road. This is
an increase; however, Meridian Road has ample capacity.
4. immediate Neighborhood Impact: The area is already committed to a variety
of multi -family development. 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 developed
with multi -family uses so no impact is expected.
6. impact on Property Values: The property is located within an 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.
K
H. SUMMARY OF FINDINGS
The proposed seven (7) 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 Liberty Street. 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 seven (7) units; adequate parking is available; and has suitable vehicle
circulation.
1. RECOMMENDATION
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. 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.
—' 3. The trash enclosure shall meet City requirements necessary for containing
two trash receptacles.
4. 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.
5. 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 for their approval
that Incorporates all the conditions specified in this conditional use permit
and the Kalispell Zoning ordinance prior to receiving a building permit.
6. The conditional use permit shall terminate 18 months from date of issuance
if commencement of the authorized activity has not begun.
FA ..\KCU94-06.APT
4
LOT AREA 0.489 ocre
BUILDING AREA:
4-PLEX 3840 SQ.FT.
3- PLE X 2880 SQ. FT.
TOTAL 6720 SQ. FT.
PARKING REQUIRED 2.5 PER UNIT 18 REQUIRED
PARKING PROVIDED 18 SPACES 12 SPACES 9 x 20
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