10. Conditional Use Permit - HallCity of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Dale Hall
ADDRESS: 138 Dogwood Avenue
Kalispell, MT 59901
LEGAL DESCRIPTION: Lot 5 of Liberty Village Subdivision located
in Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana
OWNER: Dale Hall
ZONE: Low Density Residential Apartment, RA-1
Dale Hall, applicant, applied to the City of Kalispell for a
conditional use permit to allow the construction of an additional
three dwellings onto an existing four unit apartment building on
the property described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on March 12, 1996 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to eight
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-96-1 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit to
allow the construction of an additional three dwellings onto an
existing four unit apartment building subject to the following
conditions:
SECTION I.
1. That the 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.
2. A minimum of 18 parking spaces shall be provided for the
overall project, two of which shall be handicapped and
shall be marked and signed.
1
3. The additional units shall be designed in accordance with
the adaptability and accessibility standards of the
Americans with Disabilities Act.
4. The trash enclosure shall meet City requirements
necessary for containing trash receptacles.
5. A storm water drainage plan prepared by a licensed
engineer that adequately addresses storm water runoff and
detention shall be submitted to and approved by the
Kalispell Public Works Department.
6. Landscaping in the form of a mix of coniferous and
deciduous trees and shrubs, grass and other natural
materials shall be provided along the perimeter of the
property, in accordance with the Kalispell Zoning
Ordinance.
7. All of the conditions of this conditional use permit
shall be met prior to the issuance of a certificate of
occupancy by the Kalispell Building Department.
SECTION II.
The conditional use permit, herein granted, shall terminate 18
months from the date of issuance if commencement of the
authorized activity has -not begun.
Dated this day of
STATE OF MONTANA }
: ss
County of Flathead )
, 1996.
Douglas D. Rauthe, Mayor
On this day of , 1996, 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
2
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
March 21, 1996
Al Thelen, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Dale Hall Conditional Use Permit for Additional Apartment Units
Dear Al:
Phone: (406) 758-5980
Fax: (406) 758-5781
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their
regular meeting of March 12, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the
following agenda item:
A request by Dale Hall for a conditional use permit to allow the construction of
three additional dwellings onto an existing four unit apartment building resulting
in a total of seven dwelling units in an RA-1, Low Density Residential Apartment
r district. The property is located at the end of Liberty Street to the north.
A staff report was presented by Narda Wilson of the Flathead Regional Development Office who
recommended approval of the proposal subject to eight conditions. At the public hearing, the
applicant spoke in favor of the proposal and stated that he had no objections to the conditions
of approval. No further public testimony was given.
The Board discussed drainage and landscaping and modified condition #6.
The Planning Board adopted FRDO Report #KCU-96-01 as findings of fact and voted
unanimously to recommend to the Council that the conditional use permit be granted, with the
conditions as amended by the Board.
Attachment A lists the conditions of approval as recommended by the Planning Board. This
recommendation is forwarded to City Council for the March 25, 1996 work session and
subsequent April 1, 1996 regular City Council meeting for final action on the conditional use
permit.
Please contact this Commission or Narda Wilson at the Flathead Regional Development Office
if you have any questions.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Al Thelen, Interim City Manager
City of Kalispell
Re: Dale Hall Conditional Use Permit for Additional Apartment Units
March 21, 1996
Page 2
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/NW/dh
Attachments: Attachment A
FRDO Report #KCU-96-01
x Application Materials
Minutes from the 3/12/96 Planning Board meeting
cc: Dale Hall, 138 Dogwood Avenue, Kalispell, MT 59901
Public Works Dept., P. O. Drawer 1997, Kalispell, MT 59903
Building Dept., 348 Third Avenue East, Kalispell, MT 59901
H:\... \ 1996\KCU96-1. TRM
ATTACHMENT A
CONDITIONS OF APPROVAL FOR
DALE HALL CONDITIONAL USE PERMIT
The Kalispell City -County Planning Board forwards a recommendation for approval of the
request for a conditional use permit by Dale Hall at 715 Liberty Street, Kalispell, MT subject
to the following conditions:
1. That the 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.
2. A minimum of 18 parking spaces shall be provided for the overall project, one of which
shall be handicapped and shall be marked and signed.
3. The additional units shall be designed in accordance with the adaptability and
accessibility standards of the Americans With Disabilities Act.
4. The trash enclosure shall meet City requirements necessary for containing trash
receptacles.
5. A storm water drainage plan prepared by a licensed engineer that adequately addresses
storm water runoff and detention shall be submitted to and approved by the Kalispell
Public Works Department.
6. Landscaping in the form of a mix of coniferous and deciduous trees and shrubs, grass
and other natural materials shall be provided along the perimeter of the property in
accordance with the Kalispell Zoning Ordinance.
7. All of the conditions of this conditional use permit shall be met prior to the issuance of
a certificate of occupancy by the Kalispell Building Department.
8. The conditional use permit shall terminate 18 months from date of issuance if
commencement of the authorized activity has not begun.
including Lot 6 in the requested zone change for Lot 7. The
property owner was amenable to that.
Motion Bahr moved to adopt FRDO staff report #KZC-96-1 as findings of
fact and forward a favorable recommendation to City Council for
the zone change request from R-3 Residential to B-3 Community
Business. Kennedy seconded. On a roll call vote Kennedy,
Johnson, Bahr, Sanders, Carlson, Brenneman, and Hash voted aye.
The motion carried on a 7-0 vote in favor of the zone change.
JULIL The next item was a request by Dale Hall for a conditional use
tJNDTTIOMAL' permit to allow the construction of three additional dwellings onto
USh` PERAdIT; % an existing four unit apartment building resulting in a total of a
APARTMENTx seven unit apartment building. This project would be in the RA-1,
LXPANSiON' Low Density Residential Apartment, zoning district as provided for
under Section 27.09.030(11) of the City of Kalispell Zoning
Ordinance. The proposed apartment building expansion would be
on property located at 715 Liberty Street in Kalispell, Montana
located at the end of Liberty Street on the north side of the
road. This property is in the City of Kalispell and contains
approximately 21,120 square feet. It can be further described as
Lot 5 of Liberty Village in Section 12, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana.
Staff Report Wilson gave a detailed presentation of report #KCU-96-1. Based
on the evaluation of the request, staff recommended the
conditional use permit be granted subject to eight (8) conditions
set forth in the report. Condition #6 was modified to state that
the "Landscaping ... perimeter of the property, in accordance with
the Kalispell Zoninx Ordinance".
Carlson asked staff how this development related to the p Planned
Unit Development approved northeast of this proposal, and how it
would effect the integrity of the neighborhood? Wilson said she
would research the status of the PUD. Preliminary plat may have
expired on that.
Public Hearing The public hearing was opened to those in favor.
In Favor Dale Hall, the applicant, spoke in favor and was available for
questions. He has no problem with the conditions of approval and
is working with the City and local engineers on the drainage
problem at the end of Liberty Street.
No one else spoke either in favor or in opposition to the proposal.
The public hearing was closed and it was opened to Board
discussion.
3
Discussion Landscaping, snow removal and handicapped parking were
discussed. Mr. Hall had no problem with providing handicapped
parking. The drainage problem is being addressed
Motion Kennedy moved to adopt staff report #KCU-96-1 as findings of
fact, and recommend to City Council that the conditional use
permit be granted to Dale Hall subject to the eight (8) conditions
as modified by discussion. Johnson seconded. On a roll call vote
Brenneman, Bahr, Johnson, Kennedy, Carlson, Sanders and Hash
voted aye. The motion carried unanimously in favor.
TRIANGLE Hash introduced the next request by Triangle Development for
DEVELOPMENT / annexation and a City zoning designation of RA-3, a Residential/
ANNEXATION & Apartment Office district. The property being proposed for
ZONE CHANGE / annexation is located on the west side of Whitefish Stage Road,
RA-I(COUNTY) approximately 800 feet south of West Evergreen Drive and
TO RA-3 (CITY) containing approximately 2.7 acres. This property can be
described as Assessor's Tract 113 located in Section 6, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
Staff Report Wilson reported that the request for annexation and zone change
upon annexation is tied in with the request for preliminary plat
approval for an eight -unit office/condominium project.
Staff proceeded to give a detailed presentation of report #KA-96-1.
`
The request was evaluated in accordance with the statutory
criteria for a change in zoning. Based on staff's review of the
request for a RA-3 zone, an alternative of R-5 was recommended
which would allow professional offices and would be more
consistent with the intent of the district. Additionally,it would
eliminate the need for a variance to the rear yard setback
requirement for the preliminary plat. Staff recommended a zone
change from County RA-1 to City R-5 for the property, upon
annexation.
Y
_✓
Wilson asked if she should give the presentation on the plat,
because the two proposals are so intricately tied together, it is
difficult to look at the zoning, make a decision, and then look at
the plat.
Hash did not think that was a good idea. Being on the Board for
some time, we have unfortunately have had the ill result of doing
just that, and it turns out that after the zone is changed, the
project doesn't happen.
Kennedy concurred that we need to look at the zoning completely
separate from the preliminary plat. She asked staff if she had
discussed the R-5 recommendation with the developer.
4
FLATHEAD REGIONAL DEVELOPMENT OFFICE
`X CONDITIONAL USE REPORT KCU-96-1
DALE HALL
MARCH 5, 1996
A report to the Kalispell City -County Planning Board and Zoning Commission and the City
Council regarding a request by Dale Hall for a Conditional Use Permit to construct an additional
three dwellings onto an existing four unit apartment building. A public hearing before the
Planning Board has been scheduled for March 12, 1996, with a recommendation to be forwarded
to the Kalispell City Council for final action.
BACKGROUND INFORMATION
A. Applicant/Owner:
Dale Hall
138 Dogwood Avenue
Kalispell, MT 59901
(406)758-3462
B. Size and Location:
The property is located on the northeast corner of Kinshella Avenue and Liberty Street
approximately 1/2 mile west of Meridian Road in Kalispell. The original parcel size is
approximately 16,000 square feet in size. Recently, the 30 by 165 foot strip along the
west side of the property was abandoned and made available for sale to the applicant
(property owner). This acquisition of additional property would increase the size of the
parcel to 21,120 square feet in size.
The property can be described as Lot 5 of Liberty Village Subdivision located in Section
12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
C. Nature of Request
This is a request to allow the construction of three additional dwelling units onto an
existing four-plex, creating a total of a seven unit apartment building in an RA-1, Low
Density Residential Apartment district.
D. Existing Zoning and Land Use
This property is zoned RA-1, a Low Density Residential Apartment district which allows
multi -family dwellings as a conditionally permitted use. A Conditional Use Permit,
#KCU 94-13, was granted to the applicant in the summer of 1994 to allow the
construction of the exiting four unit apartment building.
With the acquisition of the additional 30 by 165 strip to the west, the parcel will be
expanded to 21,120 square feet; enough additional square footage to expand the existing
complex by three units. The RA-1 district requires a minimum 6,000 square foot parcel
plus an additional 3,000 square feet for each unit beyond two. In this situation, 6,000
square feet plus and additional 15,000 square feet is required for the project for a total
of 21,000 square feet.
E. Surrounding Land Use and Zoning:
North: Directly to the north is County R-1 zoning and City R-4. Some limited
residential development has taken place.
South: City RA-1 zoning is to the south with some large multi -family apartment
buildings and also some undeveloped properties.
East: City RA-1 zoning is to the east with some duplexes, four-plexes and other
low density apartment buildings.
West: Bordering this property to the west is the Kalispell city limits. The
undeveloped property is zoned County R-1.
F. Master Plan Designation
The Master Plan designates the area north of Liberty Street as Urban Residential with
a maximum density of eight dwelling units per acre and the area south of Liberty Street
as High Density Residential with a maximum density of eight to 40 units per acre. III --
exact location of this property is in a transitional area between the two land use
designation. With a ratio of approximately 14 dwelling units per acre, this proposal can
be considered to be in substantial compliance with the Master Plan.
G. Utilities/Services
Sewer and sewer:
City of Kalispell
Solid Waste:
City of Kalispell
Police:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #5
Fa
H. Evaluation of the Request
1. Site Suitability:
a. Adequate Useable Space: With the acquisition of the additional 30 by 165 strip
to the west, this parcel will contain 21,120 square feet. The RA-1 district
requires a minimum of 6,000 square feet for a duplex, plus an additional 3,000
square feet per unit beyond that. A total of seven units are proposed on the
property requiring a total of 21,100 square feet. There is adequate space to
accommodate the proposed expansion on the property.
b. Adequate Access: Access to the property is from Liberty Street, a two-lane
paved City street. Access is will not be changed with the addition of the
proposed three units.
Pedestrian access to the units is provided by way of a three foot wide concrete
sidewalk along the parking areas and to the entrances of the apartment buildings.
C. Environmental Constraints: A major natural drainage area lies directly to the
west of this property which contains flows from Three Mile Drive to the north.
Kinshella Avenue is an undeveloped roadway, and is basically comprised of a
drainage swale which runs north and south and along the west side of this
property.
Ponding occurs at the end of Liberty Street on occasion when runoff becomes
heavy. Attempts to address this problem have been made by installing a drain at
the end of Liberty which fails in its purpose at times.
During preliminary review of this proposal, the Public Works Department was
concerned that the development of this site would exacerbate the existing drainage
problems, and required that diversion of the natural flows be addressed. Hence,
there has been a delay in processing this conditional use permit application.
Subsequent to initial review, the applicant has worked with a local engineer and
the City Public Works Department to develop a plan that will address the
diversion of the natural flows. The conceptual plan has been approved by the
Director of the department and provisions have been made for on -site retention
of the additional flows created by this expansion.
3
2. Appropriate Design:
a. Building Orientation: A two story building containing two additional units would
be placed along the west side of the existing building with a one story unit to the
south of the two story addition. Parking will be provided to the west and south
with a small landscape buffer being provided. The units will be approximately
850 square feet each. No elevations of the buildings were included with the
application.
b. Parking Scheme: Residential parking requirements are two spaces per dwelling
unit plus 0.5 space per unit for overflow parking, creating a need for 17.5
parking spaces. Eighteen parking spaces are shown on the site plan, however,
it does not appear that handicapped parking has been shown. Handicapped
parking and access needs to be integrated into the plan with each space signed and
marked. It appears one handicapped parking space is required and that it can
been easily integrated into the plan.
C. Traffic Circulation: Traffic will enter the parking lot directly off of Liberty
Street by way of a 24 foot wide entrance. Adequate parking spaces and back-up
spaces has been shown on the site plan to provide for adequate traffic circulation
within the parking lot, ingress and egress.
d. Oxen Space: Setbacks provide some open space on the parcel with a five foot
buffer between the parking spaces and the property boundary and with the
reghired building setbacks. Additionally, there is approximately 44 feet along the
northem section of the property with could be landscaped and used as a common
area. Currently this is undeveloped. No additional specific open space
requirements are required for multi -family buildings.
e. Fencing/ScreeninglLandscaping: Some landscaping along the property boundaries
has been indicated as required. No specific landscaping is required under the
zoning regulations.
f. Siunage: Apartment signage is indicated on the site plan to be located on the east
side of the driveway entrance. Allowable signage for the RA-1 zoning district is
limited to a single sign not to exceed six feet in height and not to exceed 24
square feet per face.
3. Availability! of Public Services/Facilities:
a. Schools: This development is within the boundaries of School District #5. It can
be estimated that potentially one or two school age children might be generated
from this development once it is fully occupied. This increase would have an
insignificant effect on the schools within the District.
4
b. Parks and Recreation: City park facilities are to the east of this property
j_
approximately 1,200 feet on the northwest corner of Hawthorne Avenue and
Liberty Street, Hawthorne Park. Park facilities are adequate and this
development should create minimal impact.
C. Police: The Kalispell Police Department can adequately respond to emergency
situations at the complex.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department who have reviewed this proposal and believe they could provide
adequate service in the case of a fire.
e. Water: City water will be provided to the units by way of a water main which
i8 locatLd in Liberty Strict a-t,u has adcquatc capacity to serve the additional units.
f. Sewer: A City sewer main runs along Liberty Street and can provide adequate
service to the apartments.
g. Solid Waste: There are existing garbage receptacles at the southeast comer of the
parking lot which currently serves the apartment building. These may need to be
relocated to accommodate the additional parking which would require a site
approved by the Public Works Department. The City requires a minimum of 1 -
400 gallon dumpster for every four households.
r
h. Roads: The additional traffic generated from this development would generally
be accommodated by Meridian Road which, although currently a busy road, is
adequate to accommodate the additional traffic.
4. Immediate Neighborhood Impact: The general character of this neighborhood is a mix
of low, medium and high density apartments. There are some single-family homes to
the east. Minimal impact to the neighborhood should result from this development with
regard to traffic volumes, compatibility of uses and other impacts resulting from this
residential use.
5. Immediate Neighborhood Integrity: The proposed use is conditionally permitted by the
zone. This area is intended to accommodate multi -family dwellings and is in keeping
with the character of the area as it is developing. Many multi -family units are currently
in the area.
6. Impact on Property Values: No negative impact on property values in the area could be
associated with this development because it is in compliance with the existing zoning and
master plan for the area. Development of this nature is anticipated.
5
H. Summary of Findings
The proposed three unit addition to the existing four unit apartment building is in
compliance with the development standards for the RA-1 zoning district with regard to
use, lot size, parking and setbacks. The design of the project provides adequate access
and circulation. Adequate public services can be provided with the existing
infrastructure.
Environmental constrains associated with the natural drainage flows on the west side of
the parcel have been adequately addressed by providing a drainage plan which has been
conceptually approved by the Kalispell Public Works Department. No adverse impacts
appear to be associated with neighborhood impacts.
0 k 1001011
It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt
staff report KCU 96-1 as findings of fact and recommend that the City Council grant the
Conditional Use Permit, subject to the following conditions:
1. That the 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.
2. A minimum of 18 parking spaces shall be provided for the overall project, one of which
shall be handicapped and shall be marked and signed.
3. The additional units shall be designed in accordance with the adaptability and
accessibility standards of the Americans With Disabilities Act.
4. The trash enclosure shall meet City requirements necessary for containing trash
receptacles.
5. A storm water drainage plan prepared by a licensed engineer that adequately addresses
storm water runoff and detention shall be submitted to and approved by the Kalispell
Public Works Department.
6. Landscaping in the form of a mix of coniferous and deciduous trees and shrubs, grass
and other natural materials shall be provided along the perimeter of the property.
7. All of the conditions of this conditional use permit shall be met prior to the issuance of
a certificate of occupancy by the Kalispell Building Department.
8. 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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