07. Chowning - Conditional Use PermitCity of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Richard and Jacqueline Chowning
ADDRESS: 3080 Airport Road
Kalispell, MT 59901
LEGAL DESCRIPTION: Lot 1 of Liberty Village
OWNER: Richard and Jacqueline Chowning
ZONE: Low Density Residential Apartment, RA-1
Richard and Jacqueline Chowning, applicant, applied to the
City of Kalispell for a conditional use permit to allow the
construction of two one-story duplex apartment buildings 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-94-9 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 two one-story duplex apartment 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 site shall include sidewalks that connect the front
door to the parking area.
1
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.
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
I
2
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: Chowning - 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 Richard and Jacqueline Chowning to allow as a conditional
use the construction of two one-story duplex apartment buildings on Lot
1 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 10 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, the vote was
9-0 in favor of adopting the findings of fact in report #KCU-94-09, 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,
KALI PELL CITV�- OUNTY PLANNING BOARD AND ZONING COMMISSION
jv'" _
Therese Fox Hash
President
TFH/JJP/eo
Attachments:
c w/Att A:
Attachment A
FRDO Report #KCU-94-09
Application Materials
Richard and Jacqueline Chowning
3080 Airport Road
Kalispell, MT 59901
Providing Community Planning Assistance To:
® Flathead County • City of Columbia Falls • City of Kalispell 9 City of Whitefish
ATTACHMENT A
RICHARD AND JACQUELINE CHOWNING
CONDITIONAL USE PERMIT #KC U-94-09
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 connect the front door to the
parking area.
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.
F:\...\TRANS MIT\KALISPEL\KCU94-09.REC
FLATHEAD REGIONAL DEVELOPMENT OFFICE
CONDITIONAL USE REPORT #KCU94-09
RICHARD AND JACQUELINE CHOWNING
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 four
unit apartment complex in two buildings. A public hearing before the Planning Board is
scheduled for Tuesday, June 14, 1994, with a recommendation being forwarded to the
Kalispell City Council for final action.
A. APPLICANT/OWNER:
Richard and Jacqueline Chowning
3080 Airport Road
Kalispell, MT 59901
(406) 726-7988
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 1 of Liberty Village Subdivision.
This is a request to allow the construction a four unit apartment complex in two (2) .
one (1) story buildings with garages and 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 property t the west is zoned City RA-1 and is vacant but is
anticipated to be developed with apartments. The property to the east is zoned
City RA-1 and has a church on it.
The Master Plan designates the site as High Density Residential (8-40 units per acre).
The applicant, at 4 units on 21,000 square feet, is proposing a density of 8.3
units/acre.
F. UTILITIES/SERVICES
Sewer:
City of Kalispell
Water:
City of Kalispell
Garbage:
City of Kalispell
Police:
City of Kalispell
Flre:
city of Kalispell
G. EVALUATION OF R9QUEST
1. Site Suitability:
a. Adequate Useable Space: Currently the property contains
approximately 21,000 square feet which would permit the
construction of four (4) 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: The two buildings would be located on the eastern and
western sides of the lot. The design allows for parking In the front of
the garages and open space area around the periphery of the
development. The maximum allowable height of the buildings would
be 35 feet.
b. Parking Scheme: A total of 10 parking spaces are provide for the four
(4) units. The zoning ordinance requires two (2) spaces per unit plus
0.5 space per unit for overflow. This would require a total of 10
spaces.
Traffic Circulation: A 20-foot wide paved driveway is proposed to
access the site. The zoning ordinance requires 24 feet for driveways.
Minor modification to the plan would be required.
d. Open Space: The site has been designed with easy and convenient
access to the units. and leaves large back and front yards.
e. Fencing/Screening/landscaping: Landscaping along the property lines
will soften the impact of the development.
0
Sic nape: 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.
h. Roads: The apartment complex will generate up to 26.4 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.
3
H. SUMMARY OF FINDINGS
The proposed four (4) 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 four (4) 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 submission of a landscape plan to buffer the
parking facilities from adjoining properties.
3. The site shall include sidewalks that connect the front doors to the parking
area.
4. The trash enclosure shall meet City requirements necessary for containing
trash receptacles.
S. 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.
F:\...\KCU94-09.APT
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