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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 f 4 • ®_____ 252330' M ILE TBRU:1W � z i i '3 z+ x It♦ 16 1 � .—. ... .. OLSO ' I a'to a 41WSat SAS AOo. L Mo. 2 ROSEWOOD I •1 2 • ♦Cauli Y. 26 1 2 3 4 IS K' 2 3 4 4 I • 6 SAGA 4 S 2 22 21 20 r 131 OUWE PROPERTY N 3 � a I Y i aLEMW 00D t3 1. SAP 4 n < U If . SAN 12 IS I to t0 ' SAL m 6 10 to4 C 4 A ■■■an 3 4 : 9 B i 3 ♦ 3 2 OLSON r Q 12 s ` z • t TY LA IST. ADD. 6 i e D r 6 s 4Ile[ 13 a r ,lRSSvF?y all I " E TaERluat EL DOWitA ADD. NO. le �ft STATE vtLLA6t 8 K. B K. 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