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06. Sloan - Conditional Use PermitCity of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 APPLICANT: ADDRESS: LEGAL DESCRIPTION: OWNER: ZONE: GRANT OF CONDITIONAL USE Stephen and Cheri Sloan 431 Sendero Drive Kalispell, MT 59901 Lot 2 of Liberty Village Subdivision Stephen and Cheri Sloan Low Density Residential Apartment, RA-1 Stephen and Cheri Sloan, applicant, applied to the City of Kalispell for a conditional use permit to allow the construction of a two (2) story, six (6) unit apartment building on the property described above. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on June 14, 1994 held a public hearing on the application, took public comment and recommended that the application be approved subject to seven (7) 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-94-11 as the Council's finding of fact, and issues and grants to the above -described real property a conditional use permit for the construction of a two (2) story, six (6) unit apartment building 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 site shall include sidewalks that interconnect. 4. The trash enclosure shall meet City requirements necessary for containing trash receptacles. 1 5. 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. 6. 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. 7. All water and sewer mains shall be approved by the City Public Works Department and the City -County Department of Health. SECTION II. The conditional use permit, months from date of issuance activity has not begun. Dated this day of STATE OF MONTANA ) : ss County of Flathead ) herein granted, shall terminate 18 if commencement of the authorized , 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 iq 723 5th Avenue East - Room 414 June 16, 1994 Kalispell, Montana 59901 Phone: (406) 758-5780 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 RE: Sloan - Conditional Use Permit Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met in regular session on Tuesday, Jun3 14, 1994, and held a public hearing on the following: A request by Stephen and Cheri Sloan to allow as a conditional use the construction of a two (2) story, six (6) unit apartment building on Lot 2 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 15 onsite parking spaces and utilize existing City services. John Parsons, of FRDO presented the staff report, and recommended granting the permit subject to seven (7) conditions. No one spoke in favor or in opposition to the project. The public hearing was closed, and following brief Board discussion, an additional condition was added. The vote was 9-0 in favor of adopting the findings of fact in report #KCU-94-11, 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, KALI PELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JJP/eo Attachments: c w /Att A: Attachment A FRDO Report #KCU-94-11 Application Materials Stephen and Cheri Sloan 431 Sendero Drive Kalispell, MT 59901 Providing Community Planning Assistance To: • Flathead County o City of Columbia Falls ® City of Kalispell • City of Whitefish ATTACHMENT A STEPHEN AND CHERI SLOAN CONDITIONAL USE PERMIT #KCU-94-11 CONDITIONS OF APPROVAL AS RECOMMENDED BY KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION JUNE 14, 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 site shall include sidewalks that interconnect. 4. The trash enclosure shall meet City requirements necessary for containing trash receptacles. 5. 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. 6. 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. 7. The conditional use permit shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. 8. All water and sewer mains shall be approved by the City Public Works Department and the City -County Department of Health. F:\...\TRANS MIT\KALI SPEL\KCU94-11.REC FLATHEAD REGIONAL DEVELOPMENT OFFICE CONDITIONAL USE REPORT 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 unit apartment complex in a single building. A public hearing before the Planning Board is scheduled for Tuesday, .tune 14, 1994, with a recommendation being forwarded to the Kalispell City Council for final action. Stephen and Cheri Sloan 431 Sendero Drive Kalispell, MT 59901 (406) 752-8488 The subject property is approximately 21,000 square feet and is located approximately 1/2 mile west of Meridian Road on the north side of Liberty Street. The property is more particularly described as Lot 2 of Liberty Village Subdivision. C. NATURE OF REQUEST This is a request to allow the construction a six unit apartment complex in a two (2) story building with onsite parking (see attached site plan). 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. Adjacent: 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 to the east and west are zoned City RA-1 and are vacant but is 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 6 units on 21,000 square feet, is proposing a density of 12.5 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. Adeauate Useable Space: Currently the property contains approximately 21,000 square feet which would permit the construction of the six (6) units. The property contains sufficient area to accommodate the necessary improvements of this development. The refuse area would need to include two (2) - 400 gallon dumpsters and be relocated. This to comply with the standard City requirement of One (1) dumpster for every four units and allow access to the right side of the City's trucks. Adequate area exists for the relocation of the dumpster area. While the internal sidewalks provide for access to the parking area they do not provide for the access necessary to allow individuals access to individual parking spaces. The sidewalk should interconnect to allow pedestrians access to parking without having to use the driveway and walk behind cars. 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: The building would be located toward the western side of the lot. The design allows for parking on the eastern side of the lot and open space area to the west development. The maximum allowable height of the buildings would be 35 feet. b. Parking Scheme: A total of 15 parking spaces are provided 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 24-foot wide paved driveway is required to access the parking area. 2 d. open Space: The site has been designed with easy and convenient access to the units and appears to leave adequate yards. However, the driveway would be required to be a minimum of 5 foot from the property line in order to meet Zoning Ordinance requirements. e. Fencing/Screening/Landscaping: Landscaping along the property lines will heap soften the impact of the development. Signage: 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 two (2) 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 for trash dumpsters and their location. The City requires a minimum of 1 - 400 gallon dumpster for every 4 households this requires this development to have 2 dumpsters. h. Roads: The apartment complex will generate up to 39.6 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. 3 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. 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 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 six (6) units; adequate parking is available; and has suitable vehicle circulation. 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 paving, a five foot setback, and submission of a landscape plan to buffer the parking facilities from adjoining properties. 3. The site shall include sidewalks that interconnect. 4. The trash enclosure shall meet City requirements necessary for containing trash receptacles. 5. 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. 6. 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. 4 7. The conditional use permit shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. FA ... \KCU94-11.APT 5 LH! VNVSNOW 'll3dSnVH rNvarJon I z Rare-asc (got) 30YI11A kIW8ilZ 101 IINn ONIll3MO X3ld 9 5 ���ad S ggag LE ON3oW — ON2iV 3H1„ k1101S �h313 u� z al V9 1015 Rw Q 4 I 1 I I I I I I 1 1 I I I I I I I i .I �1 al NI 1 I