12. Flathead Industries Conditional Use PermitCity of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Mike Kelly of
Flathead Industries for the Handicapped
ADDRESS: Flathead Industries
P. 0. Box 1916
Kalispell, MT 59903
LEGAL DESCRIPTION: Lots 9 and 10 of Block 52, Kalispell Original
OWNER: Flathead Industries
P. 0. Box 1916
Kalispell, MT 59903
Mike Kelly of Flathead Industries for the Handicapped,
applicant, applied to the City of Kalispell for a conditional use
permit to allow a seven (7) unit apartment complex on the property
described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on June 13, 1995 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to nine (9)
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
#kKCU-95-02 as the Council's findings of fact, and issues and grants
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to the above -described real property a conditional use permit to
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allow a seven (7) unit apartment complex subject to the following
conditions:.
SECTION I.
1. Conform to the requirements contained in the City of
Kalispell Zoning Ordinance.
2. Combine the two lots into one.
3. 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 driveways. This
landscape plan is to include trees, shrubs, and grass.
The applicant shall submit a final site plan to the Site
Plan Review Committee that incorporates all the
conditions specified in this conditional use permit.
4. The parking lot 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. In addition, the
parking be reconfigured for angle parking or the driveway
width increased to 24 feet.
5. The applicant provide the City of Kalispell with
documentation of a properly recorded deed restriction on
the subject property which requires compliance with
Chapter 27.26 (Off Street Parking) of the Kalispell
Zoning Ordinance in the event of a change of use.
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6. Pave the alley in accordance with City Standards.
7. 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.
8. Prior to receiving a building permit, comply with all
related provisions and requirements as presented by the
Kalispell 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
STATE OF MONTANA }
: ss
County of Flathead }
, 1995.
Douglas D. Rauthe, Mayor
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
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Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
June 19, 1995
Phone: (406) 758-5780
Bruce Williams, City Manager Fax: (406) 758-5781
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Flathead Industries Conditional Use Permit
Westside Living Unit Apartments for the Handicapped
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, June 13, 1995 and held a public hearing on the following:
A request by Flathead Industires for the Handicapped for a conditional
use permit to allow a seven (7) unit apartment complex on Lots 9 and 10
of Block 52, Kalispell Original Addition. The address of the properties
are 217 and 229 4th Avenue West, and is currently zoned RA-2 High
Density Residential Apartment).
John Parsons, of FRDO presented report #KCU-95-02, and stated that based on staff's
evaluation would recommend granting the permit subject to nine (9) conditions.
Parsons amended condition #5 to delete the phrase "...ehargt -Qf- o-wr�ershrp..."
` The representative for the applicant explained the project in detail and assured the
Board that due to the non-profit status of the facility, the use as a handicapped
apartment complex would be locked in for 51 years. The applicant had no objections
to the conditions of approval. No one spoke in opposition.
Following the public hearing, the Board discussed the public testimony, and agreed
to the amended condition. The Board voted 9-0 in favor of adopting the findings of
fact in report #KCU-95-02, recommending 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. Council
must wait for the minutes of the Planning Board meeting prior to taking action,
however it does not preclude dicussion at Council workshop. If you have any
questions regarding this request, please contact the Commission or John Parsons at
FRDO.
Respectfully Submitted,
KALIS ELL CIT OUNT&/-A-
Therese PLANNING BOARD AND ZONING COMMISSION
<3 UJ4 ,- 4J_� Fox Hash
President
TFH/JJP/eo
Attachments: Attachment A
FRDO Report #KCU-95-02 & Application Materials
Minutes of 6/13/95 meeting forwarded separately
F:\FRDO\TRANSMIT\KCU95-02.REC
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
ATTACHMENT A
FLATHEAD INDUSTRIES FOR THE HANDICAPPED
WESTSIDE LIVING UNIT APARTMENTS
CONDITIONAL USE PERMIT #KCU-95-02
CONDITIONS OF APPROVAL
AS RECOMMENDED BY
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
JUNE 13, 1995
It is recommended that the City Council grant the requested Conditional Use Permit,
subject to the following conditions:
1. Conform to the requirements contained in the City of Kalispell Zoning
Ordinance.
2. Combine the two lots into one.
3. 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 driveways. This
landscape plan is to include trees, shrubs, and grass. The applicant
shall submit a final site plan to the Site Plan Review Committee that
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incorporates all the conditions specified in this conditional use permit.
4. The parking lot 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. In addition, the
parking be reconfigured for angle parking or the driveway width
increased to 24 feet.
5. The applicant provide the City of Kalispell with documentation of a
properly recorded deed restriction on the subject property which
requires compliance with Chapter 27.26 (Off Street Parking) of the
Kalispell Zoning Ordinance in the event of e-etrarrge-Qf-�rwners-er-a
change of use.
6. Pave the alley in accordance with City Standards.
7. 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.
8. Prior to receiving a building permit, comply with all related provisions
and requirements as presented by the Kalispell Site Plan Review
Committee.
9. The conditional use permit shall terminate 18 months from date of
issuance if commencement of the authorized activity has not begun.
F:\...\TRANS MIT\...\KCU95-02.REC
FLATHEAD REGIONAL DEVELOPMENT
CONDITIONAL*:
WESTSIDE LIVING UNIT APARTMENTS
A report to the Kalispell City -County Planning Board and Zoning Commission and the City
Council regarding a request by Flathead Industries for a Conditional Use Permit to construct
a 7-unit apartment complex. A public hearing before the Zoning Commission is scheduled
for June 13, 1995, with a recommendation to be forwarded to the Kalispell City Council for
final action.
A. APPLICANVOWNER:
Mike Kelly of
Flathead Industries
P. 0. BOX 1916
Kalispell, MT 59901
The property is two city lots with a total of approximately 14,000 square feet located
150 feet south of 2nd Street West on the east side of 4th Avenue West. The site is
described as Lots 9 and 10 of Block 52, Kalispell Original. The addresses of the
properties are 217 and 229-4th Avenue West.
C. REQUEST
This is a request to allow the construction of a seven (7) unit apartment complex in
a single 2-story building with 9 parking spaces. The building is proposed to be
constructed on the northerly side of the site with the parking to the south. See
attached site plan.
The property is currently RA-2, High Density Residential Apartment zoning. A "Multi-
family dwelling" is listed as a use which may be permitted by Conditional Use Permit.
The property currently has homes on it. The properties to the north, south, east,
and west contains residences (condominiums to the east) and are also zoned RA-2.
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 0.32 acres, is proposing a density of approximately 21
units/acre.
F. EVALUATION OF REQUEST
1. Site Suitability:
a. Adequate Useable Space: The gross area of the property is
approximately 14,000 square feet. The zoning ordinance sets a
maximum density of 6,000 square feet for the first two units then
1500 square feet of lot area for every unit beyond a duplex. This site
can accommodate a maximum of 7 units, which is what the applicant
proposes once the lots have been combined. Currently the site exists
as two lots, this development would require the lots be combined
because of parking, lot coverage, and setbacks.
b. Adequate Access: 4th Avenue West provides immediate primary
access with additional access provided by the alley. This road Is
considered a local street in the Kalispell City -County Master Plan and is
constructed for two lanes of traffic. The alley is not paved but would
be upon construction of this project.
C. Environmental Constraints: The site Is level and easily accessible.
There are no known endangered plants or animal species on the site.
The property Is within the developed area of the City.
2. Appropriate Design:
a. Building: The building is proposed to be two stories oriented east -
west along the northerly portion of the site. The maximum allowable
height of the buildings would be 40 feet. The applicant has proposed
to construct a 25 foot tali building.
b. Parking Scheme: A total of 8 standard parking spaces along with 1
handicapped space are provided onsite for a total of 9 spaces for the
7 units. The zoning ordinance ordinarily requires 2 spaces per unit
onsite plus 0.5 space per unit for overflow. The City's Board of
Adjustment has approved a variance to allow 9 spaces where 14 spaces
would have been required onsite. This variance was granted because
of the type of facility that is proposed, that being a facility for the
handicapped. The Board of Adjustment granted the variance subject
to a condition of approval. This Condition has been Included as part
of this approval to reinforce the Board of Adjustment's action.
C. Traffic Circulation: A 20-foot wide paved one way driveway is
proposed to access the parking spaces. Access would be from the
alley with the exit onto the street, this is felt to be adequate.
However, since the parking is perpendicular to the driveway it is
expected that the driveway would become 2-way. As a result the
parking should be angled or the driveway widened to 24 feet to
provide for better controlled access.
d. open Space: The site has been designed with easy and convenient
access to the units as well as landscape buffering.
e. Fencing/Screening/Landscaping: Landscaping along the property lines
will soften the Impact of the parking area and the building. While a
specific landscape treatment has not been proposed it is required to
be approved by the City Site Review Committee. The applicant has
indicated that the perimeter of the property would be landscaped
with trees, shrubs, and grass.
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f. Signa e_: A request for signage was not included in the proposal. The
applicant must comply with the sign code portion of the zoning
ordinance. The Ordinance would allow a 24 square foot sign.
3. Availability of Public Services/Facilities:
a. Schools: The apartments are within the jurisdiction of School District
#5. on average, 4 school age children would be expected to live in an
apartment complex of this size. This will have an effect on the
elementary schools of this District and will continue to add impetus to
build an additional elementary school in the District.
b. Parks and Recreation: City park facilities are relatively close. Elrod
School and Gallagher Park are approximately a block and a half from
this facility.
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 4th Avenue West which will provide
adequate water service.
Sewer: Sewer exists in the alley and would provide ample service
capacity.
g. Solid Waste: The City can adequately serve the site.
h. Roads: The apartment complex will generate up to 46 daily vehicle
trips (6.6 per unit). Trips will utilize 4th Avenue West. This is an
increase; however, this street has ample capacity.
4. Immediate Neighborhood Impact: The area is already committed to high
density development and the City, in general, needs this type of housing. In
addition, this appears to be a good location due to its proximity to services,
and zoning and the Master Plan would indicate that this is appropriate for
this area.
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 a variety of residential uses so no significant negative impact is
expected.
6. Impact on Property Values: The property is located within a larger area that
is similarly zoned RA-2. Because of the area is in a state of transition, and the
zoning and Master Plan support this type of development, the proposed use
is "expected" and therefore should have no impact on property values.
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H. SUMMARY OF FINDINGS
The proposed 7-unit apartment complex is located in an existing RA-2 zoning district
which conditionally allows high density multi -family uses. The Master Plan
anticipates this type of development. Good access Is provided by 4th Avenue West.
Traffic will increase in the neighborhood; however, the street system can
accommodate it. The additional children will pose a minor impact on school
enrollment at the elementary level. The site has land area for the 7 units; adequate
parking Is available; open space area; and has suitable emergency 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. Conform to the requirements contained In the City of Kalispell Zoning
ordinance.
2. Combine the two lots into one.
3. 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 driveways. This landscape plan is
to include trees, shrubs, and grass. The applicant shall submit a final site plan
to the Site Plan Review Committee that Incorporates all the conditions
specified in this conditional use permit.
4. The parking lot 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. in addition, the parking be
reconfigured for angle parking or the driveway width increased to 24 feet.
5. The applicant provide the City of Kalispell with documentation of a properly
recorded deed restriction on the subject property which requires compliance
with Chapter 27.26 (Off Street Parking) of the Kalispell Zoning Ordinance in
the event of a change of ownership or a change of use.
6. Pave the alley in accordance with City Standards.
7. 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.
8. Prior to receiving a building permit, comply with all related provisions and
requirements as presented by the Kalispell Site Plan Review Committee.
9. The conditional use permit shall terminate 18 months from date of Issuance
If commencement of the authorized activity has not begun.
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MEMORANDUM TO THE FILE
DATE: May 5, 1995
FRONT: Susan Moyer, Housing Manager
Planning, Economic and Community Development
SUBJECT: Conditional Use Permit Request for Lots 9 & 10 of Block
52, Kalispell Original Townsite
a Traffic flow and control: Traffic will approach the site from the Alley
entrances off First and Second Streets West. Traffic then will emerge from
the site directly onto Fourth Avenue West which has two way traffic.
h Access to and circulation within the property: Traffic on site is one way
(entering from the alley on the east and emerging onto Fourth Avenue West on
the west side of the site).
C. Off-street parking and loading: Nine on -site parking spaces will be created
of which three will be handicapped spots. A variance request has been granted
from the requirement for off-street parking.
d. Refuse and service areas: Provided by City and serviced from the alley.
e. Utilities: All electric units -- units and site serviced by Pacific Power, PTI
Communications and TCI Cablevision.
f. Screening and buffering. South property line will have parking area
buffered by shrubs and trees.
g. Signs. yards & other open spaces: No sign is anticipated and all open
spaces other than parking will be landscaped.
h. Height, bulk and location of structure: Structure will be a maximum height
of 25', and the bulk and dimension requirements meet the zoning ordinance.
i. Location of proposed open space uses. See site elevation
J. Hours and manner of operation: Residential use - apartment dwelling
k. Noise, light, dust, odors, fumes, and vibrations: Residential use -
apartment dwelling