7. Buffalo Head Properties - Conditional Use PermitCity of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Stan Pine
Buffalo Head Properties
ADDRESS: 22 2nd Avenue West
Kalispell, MT 59901
LEGAL DESCRIPTION: Tract 2DCD in the NE1/4 of Section 6, T28N,
R21W, P.M.M., Flathead County, Montana
OWNER: Stan Pine
Buffalo Head Properties
22 2nd Avenue West
Kalispell, MT 59901
ZONE: RA-1, Low Density Residential Apartment
Stan Pine of Buffalo Head Properties, applicant, applied to
the City of Kalispell for a conditional use permit to construct and
operate a four unit apartment complex in a single building on the
property described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on December 13th, 1994
held a public hearing on the application, took public comment and
recommended that the application be approved subject to ten (10)
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-94-19 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit to
construct and operate a four unit apartment complex in a single
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 connect the front
doors 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 that adequately addresses on -site
storm water detention and disposal shall be submitted to
and approved by the City Public Works Department.
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. Sidewalks shall be constructed and street trees planted
along Indian Trail Road in accordance with City of
Kalispell standards.
8. A fire hydrant shall be installed in accordance with
direction of the Fire Chief.
9. A landscape plan shall be submitted to and approved by
the Site Plan Review Committee.
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
K
. 1995.
Douglas D. Rauthe, Mayor
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 1995, 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
City
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Manager
723 5th Avenue East - Room 414
December 21, 1994 Kalispell, Montana 59901
Phone: (406) 758-5780
RE: Pine/Buffalo Head Properties - Conditional Use Permit
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, December 13, 1994, and held a public hearing on the following:
A request by Stan Pine of Buffalo Head Properties for a conditional use
permit to allow a four-plex at the southeast corner of Indian Trail Road
and US Highway 93 in Kalispell. The property is approximately 13,700
square feet and is zoned RA-1 (Low Density Residential Apartment).
The site is more particularly described as Tract 2DCD in the NE4 of
Section 6, T28N, R21W, P.M.M., Flathead County.
John Parsons, of FRDO presented the staff report, and recommended granting the
permit subject to eight (8) conditions. The applicant and his representative spoke
in favor of the appropriateness of this use for the site, which is in character with
the adjacent multi -family uses. Three persons spoke in opposition to more multi-
family development on Indian Trail Road, which is a narrow street, citing dangerous
traffic congestion at the intersection US Hwy 93, limited parking, problems with
garbage collection, and incompatibility with the covenants of the adjacent
subdivision.
Following the public hearing, Board discussion focused on the traffic congestion and
sight distance at the intersection. Given the zone classification and the existence
of 2, 3 and 4-plexes in the area, it is considered in character with the neighborhood.
The vote was 9-0 in favor of adopting the findings of fact in report #KCU-94-19, and
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 C Y-C UNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/JJP/eo
Attachments: Attachment A c: Stan Pine
FRDO Report #KCU-94-19 Bruce Lutz
Application Materials
Providing Community Planning Assistance To:
• Flathead County o City of Columbia Fails 9 City of Kalispell • City of Whitefish
ATTACHMENT A
STAN PINE - BUFFALO HEAD PROPERTIES
CONDITIONAL USE PERMIT #KCU-94-19
CONDITIONS OF APPROVAL
AS RECOMMENDED BY
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
DECEMBER 13, 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 doors 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 that adequately addresses on -site storm water detention and
disposal shall be submitted to and approved by the City Public Works
Department.
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. Sidewalks shall be constructed and street trees planted along Indian
Trail Road in accordance with City of Kalispell standards.
F:\...\TRANS MIT\KCU94-19.REC
FLATHEAD „ DEVELOPMENT
CONDITIONAL REPORT
STAN PINE
NOVEMBER 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 four
unit apartment complex in a single building. A public hearing before the Planning Board
is scheduled for Tuesday, December 13, 1994 in the City of Kalispell Council Chambers, City
Hall, 312-1st Avenue East. A recommendation will be forwarded to the Kalispell City Council
for final action.
A. APPLICANT!® ER:
Stan Pines
Buffalo Head Properties
22 - 2nd Avenue West
Kalispell, MT 59901
TECHNICAL ASSISTANCE:
Bruce Lutz
Sitescape Associates
PO BOX 1417
Columbia Falls, MT 59912
a. SIZE AND LOCATION:
The subject property is approximately 13,500 square feet located at the southeast
corner of Indian Trail Road and US Highway 93, north of town. The property is more
Particularly described as Tract 2DCD in the NE4 of Section 6, Township 28 North,
Range 21 West.
C. NATURE OF REQUEST
This is a request to allow the construction a four unit apartment complex in one -
two (2) story building with 10 onsite parking spaces (see attached site plan).
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 properties to the north contain single family and multi -family
dwellings and are zoned R-3. Property to the south is zoned RA-1 and is vacant. The
properties to the west, across the Highway, are zoned R-3 and are developed with
residences. The property to the east is zoned R-3 and has a residence on it.
E. MASTER PLAN DESIGNATION
The Master Plan indicates the area is in transition from Urban Residential (2 to 8 units
per gross acre) to High Density Residential (8 to 40 units per gross acre). The
applicant, at 4 units on 13,500 square feet, is proposing a density of approximately
12 units per net acre. This development at 12 units per acre is considered in
substantial conformance with the Master Plan.
1
F.
G.
UTILITIES/SERVICES
Sewer:
City of Kalispell
Water:
City of Kalispell
Garbage:
City of Kalispell
Police:
City of Kalispell
Fire:
City of Kalispell
Site Suitability:
a. Adequate Useable Space: Currently the property contains
approximately 13,500 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: Indian Trail Road provides Immediate primary
access. This road is a two-lane paved local street with a median.
Please see site plan.
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 on the south half of the lot.
The design allows for parking in the front of the building and open
space area around the periphery of the development. The proposal
includes four (4) covered parking spaces. The maximum allowable
height of the buildings, per the zoning ordinance, would be 35 feet.
b. Parking Scheme: A total of 10 parking spaces, of which 4 are covered,
are provided 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 the 10 spaces. The site plan indicates a 20 foot backup area
for vehicles, which is adequate for one way traffic.
C. Traffic Circulation: Two 20-foot wide paved driveways are proposed
to access the site. Entry would be from the west side of the property
with the exit at the eastern side of the property. The median in
Indian Trail Road would effectively eliminate right turns in and out at
the entrance.
d. open Space: The site has been designed with easy and convenient
access to the units and leaves adequate back, side, and front yards.
e. Fencing/Screening/Landscaping: Landscaping along the property lines
will soften the impact of the development. No fencing or screening
has been proposed.
IF
f. Si na e: A specific 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. An average of 0.5 school age children per unit would be expected
to live here. This would mean that approximately 2-3 school age
children would live here. This will have an insignificant overall effect
on the schools of this District. However, the schools are generally
considered overcrowded at this time.
b. Parks and Recreation: City park facilities are relatively close.
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: An eight inch water main is located in Indian Trail Road which
will provide adequate water service.
f. Sewer: An eight inch sewer main exists in Indian Trail Road 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 container would be located on
a 6x6 foot pad with wheel stops, and located so as to provide right
side pickup convenient to the truck.
h. Roads: The apartment complex will generate up to 26.4 daily vehicle
trips (6.6 per unit). Trips should head west toward Highway 93. This
is an increase; however, Indian trail Road has ample capacity. The
project has been designed to accommodate the raised median in
Indian Trail Road.
4. Immediate Neighborhood Impact: The area is already committed to a variety
of single-family and multi -family developments. In addition, this appears to
be a good location due to its proximity to services and access to the highway.
5. immediate Neighborhood Integrity: The proposed use is conditionally
permitted by the zone. The use will increase traffic on the road system but
it is designed to handle the increase. This area already has developed 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 and is developed with a variety of single family and
R
FIR
multi -family uses. Because of access, zoning, Master Plan, and existing uses
the proposed use is anticipated and therefore should have no impact on
Property values.
SUMMARY
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 Indian Trail Road. 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.
5. A storm water drainage plan prepared by a licensed architect or engineer
that adequately addresses on -site storm water detention and disposal shall
be submitted to and approved by the City Public Works Department.
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.
FA ... \KCU94-19.APT
is 1
C I . Y 09= KAL_ I Sf ERt_t_
APP4i_ I CAT 10iq F= DR A C0ND 1 Y i C1'JAL_ USE PRRM I Y
This Application shalt be submitted, &Long with all required information contained
herein and the appropriate fee tos PIN MATERIAL
Flathead Regional Development Office, 723 Fifth Avenue East m 1
Kalispell, Montana 59981 - (406) 758-5780
PROPOSED NOV 14 1994
USES Dwelling, -
OWWR(S) OF RECORD:
Name: Buffalo Head Proyerties(Stan Pine ones 755-7399. R. D,O.
Mailing City, State
Address: 22 2nd Ave. West #2200 i Zip Kalispell. MT. 59201
PERSONIS) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO
BE SENTs
Name: Bruce F. Lutz, Sitescape Assocj.ates phones 892-3492
Mailing City, State
Address: P.O. Box 1417 ; Zip, Columbia Falls, MT. 59912
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records)s
Street Sec. Town- Range
Address: Corner US 93 & Indian Trail Road No. 1 ship ,28_ _No. 22
Subdivision Tract Lot Block
Names No(s).2DCD No(s) No.
1. Zoning District and Zoning Classification in which use is proposed:
RA-1, #11, Section 27.09.020, Dwelling, Multi -Family
2. Attach a plan of. the affected lot which identifies the following items:
a. Surrounding land uses. See Attached
b. Dimensions and shape'of lot.
c. Topographic features of lot.
d. Size4s) and locationts) of existing buiiding(s).
e. Size(s) and IOcatiDn(s) of proposed buiiding(s).
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and, open areas.
`-3. On a separate sheet of paper, discuss the following topics relative to the
proposed uses
a. Traffic flow and control. See Attached
b. Access to and circulation within the property.
c. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
f. Screening and buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses.
j. Hours and manner of operation.
k. Noise, light, dust, odors, fumes, and vibration.
5. Attach supplemental information for proposed uses that have additional
requirements 4consult Planner).
N/A
I hereby certify under penalty of perjury and the laws of the State of Montana that
the information submitted herein, on all other submitted forms, documents, plans or
any other information submitted as part of this application, to be true, complete,
and accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, 1 understand
that any approva sed thereon may be rescinded, or other appropriate action taken.
The signing of h application signifies approval for F.R.D.O. staff to be present
on the pro ert for routine monitoring and inspection during the approval and
velopmen pr ess. / l `
Si
(applicant)
.10
INSTRUCTIONS FOR CONDITIONAL USE PERMIT APPLICATION
1. Answer all questions. Answers should be clear and contain all the necessary
information.
2. in answering question i, refer to the classification system in the Zoning
Regulations.
3. In answering questions 2 and 3, be specific and complete, if additional space
Is needed, please use a separate sheet of paper to discuss the appropriate
topics.
4. A plot plan or site plan must be submitted with each application, with all
existing or proposed structures shown, and distances from each other and from
the property lines.
5. A list of property owners (within 150 feet, but excluding any surrounding
right-of-way) and their mailing address must be submitted with each
application.
Example:
Tract B Owner of Record Mailing
Address
6. A fee, as determined by the F.R.D.O. fee schedule, for a Conditional Use
Permit must be submitted with this application to cover the cost of necessary
investigation, publication, mailing and.. processing procedures. Make check
payable to Flathead Regional Development Office.
FOR
Q ONLY
Application No.s Application Receiveds
Fee Paidr Date: f7-'7y Receipt No.s_ /fink/
Kalispell City -County Planning Board Public Hearing Dates A - /.5 -�7
City Council Public Hearing Dates 9-5
City Council Decision Dates
Application Approved? Approved with Modifications? Denied?
If Approved, Conditions Attached:
MAYOR, CITY OF KALISPELL
Dates
Revised 7/2a/93 dh
i
ITEM #3, APPLICATION FOR CONDITIONAL USE PERMIT, CITY OF KALISPELL.
A. Traffic Flow and Control.
The subject lot is located on the corner of Indian Trail Road and U.S. Route 93. Access to
the lot will be provided slightly east of the existing entry median at Parkview Terrace
Subdivision. The site is virtually flat and visibility is excellent. Good access is provided off
of Indian Trail Road into the site.
B. Access to and Circulation within the Property.
Circulation within the site will be accomplished with a 20' asphalt driveway which will
access the parking spaces. The access apron to the property is located on the northeast
comer of the site. A snow storage area is located on the west edge of the internal access
drive.
C . Off -Street Parking and Loading.
The site will have 10 parking spaces. Space number 1 as indicated on the site plan will be
dedicated to handicapped parking. Four of the spaces will be covered (1 per dwelling
unit). A snow storage area is indicated on the site plan. Interior circulation and parking
spaces will be curbed.
. D. Refuse and Service Areas.
The site will accommodate one 6x6 concrete refuse pad with curbing on 3 sides. It is
assummed that the City of Kalispell will provide a refuse container for this pad.
E. Utilities.
All utilities are available to the site.
F. Screening and Buffering.
Please refer to the preliminary landscape plan included on the general site plan.
Screening and buffering will be provided from U.S. 93 as well as Indian Trail Road.
G. Signs, Yards and other Open Space Uses.
An address sign will be provided at the entry to the site. Yard area and open space will be
provided as indicated on the preliminary landscape plan.
H. Height, Bulk and Location of Structures.
Please refer to site plan for building dimensions and heights. The footprint of the building
will be approximately 2800 SF. The height of the building will not exceed 25 feet.
I. Location of Proposed Open Space Uses.
See site and landscape plans.
J. Hours and Manner of Operation.
The proposed use is residential in nature and will exhibit typical residential use patterns.
K. Noise, Light, Dust, Odors, Fumes and Vibration.
The proposed residential use will have a minimal impact in terms of the above potential
nuisances.
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Norman K. Huppert Sr
210 Pelham Road, Unit # 103-B
Fort Walton Beach, FL 32547-3643
Phone & FAX (904) 864-4006
December 4, 1994
Mr. John Parson
FLATHEAD REGIONAL DEVELOPMENT OFFICE
723 5th Avenue East - Room 414
Kalispell, MT 59901
Dear Mr. Parson,
With regards to your letter regarding the regular meeting of
the Kalispell City -County Planning Board and Zoning Commission
which will occur at 7:00 p.m. in the Council Chamber, City Hall,
213-1st Avenue East, Kalispell, NIT on December 13, 1994.
You were kind enough to yellow in # 1. requesting a
Conditional Use Permit (VARIANCE) to build a four-plex on the
southest corner of Indian Trail.Road and US Highway 93 in
Kalispell which is now RA-1 (Low Density Residential Apartment)
singular not plural.
What the area needs is more single family dwellings and NO
MORE apartments to add conjestion in getting out onto Highway 93.
I would hope that the Planning Commissions recommendation to the
City Council be NOT ALLOW this four-plex to be built.
I am the owner of 54 Rising Sun Circle, Kalispell, MT. and
since you asked me, then I felt it my obligation to respond to
your request with my feelings. The ridge is such a beautiful
area that by allowing two story buildings you will block not only
the view, but add additional traffic on Indian Trail Road both
getting on and off of Highway 93. This is but the first of what
will be many more requests to build apartment complexes on that
open tract of land.
Thanking you for your attention to this matter, I am
ySincerely,
Norman K. Huppert Sr
NKH/ldr
KALISPELL.001 M,_3
Df C 1
f
FLATHEAD R2610NAL
DjEVgL0PAMff OFFICA