The URL can be used to link to this page

E1. Cascade Professional Park CUPREPORT TO: FROM: SUBJECT MEETING DATE: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Doug Russell, City Manager�� PJ Sorensen, Kalispell Planning Department KCU 14-04 — Cascade Professional Park Conditional Use Permit Multi -Family Development February 2, 2015 BACKGROUND: The Kalispell City Planning Board met on January 13, 2015, and held a public hearing to consider a request by Cascade Professional Park on behalf of Chris Sund (as a prospective purchaser) for a conditional use permit to allow the construction of 12 residential apartment units on two lots located at 91 and 95 Financial Drive near the Gateway West Mall property. The planning board forwarded the request to the Kalispell City Council with a positive recommendation, on a vote of 5-1. The development would consist of three four-plex buildings. Each unit would have a single car garage with one additional uncovered parking space per unit. The development would include a recreational area with playground equipment. The site is zoned B-2 (General Business). Multi -family housing is anticipated in the B-2 zone. There is no specified maximum density, however, the applicant must accommodate development standards such as setbacks, parking, storm water, etc. in the final design. The applicant has demonstrated that all of those standards can be met, although it should be noted that the storm water plan includes utilizing a private catch basin on the adjoining property. If an easement is not obtained, they may need to modify the design of the project, which may lead to a reduction in the number of units. Our office received four written comments prior to the meeting and three comments were received at the public hearing. Generally, the comments were opposed to the development and cited concerns about traffic, parking, compatibility with the surrounding neighborhood, and potential impacts on property values. After duly considering the staff report and public comment, the proposal with 11 attached conditions was forwarded to the city council with a positive recommendation on a 5-1 vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the conditional use permit, with the 11 conditions of approval. FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the city. ALTERNATIVES: Deny the request. Respectfully submitted, PJ Sorensen Kalispell Planning Dept Report compiled: January 26, 2015 ATTACHMENTS: Application materials, Kalispell Planning Board Minutes dated January 13, 2015. c: Aimee Brunckhorst, Kalispell City Clerk 2 REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-14-04 JANUARY 13, 2015 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow the construction of 12 residential apartment units consisting of three four-plex buildings on two lots located at 91 and 95 Financial Drive. A public hearing on this matter has been scheduled before the Planning Board for January 13, 2015, beginning at 7:00 PM, in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: Petitioner: Cascade Professional Park, LLC 5156 W. Golden Oak Lane Highland, UT 84003 (801) 380-7301 Size and Location: The property is located at 91 and 95 Financial Drive, to the northwest of Gateway West Mall. It can be legally described as Lots 1 and 2 of the Amended Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition #34, Flathead County, Montana. Figure 1: Aerial Photo A. Summary of Request: The Petitioner has submitted the application on behalf of Chris Sund, who would like to construct a multi -family development on the two lots and is in the process of acquiring the properties. The development would consist of three four-plex buildings. Each unit would have a single car garage with one additional uncovered parking space per unit. The development would include a recreational area with playground equipment. Mr. Sund is using the building design from an earlier development. A photo of a completed building is included below. Figure 2: Site Plan (Full Size Copy Attached at End of Report) y- v EL+':r _ . . rain TNh. '.T hLL•:Y I�4 .Y•-• sr CITt E143NEE'41.:. 10.001 . �•-« * -M OUT) EZaj- "�. E%I%T ,.L-.EASWENT R"d ��, *- JTIUTY . L «.. EASEMENT REM"ATEJ E" V.'A7ER-- Jwul•,r.. TT✓ - . EA' 4E%1% 26NI%C SUMACM — — — "-IT'-VTT LI%E .� E NAt1 .I,+TAu r 1--f U'.E TELE--M:%E — FIFE�0 ao,,nc ---' — SEAE?- hATEK--rr--- ^AQM%C sra= ,4•w Y. 3C' L UNrT A (4—PLE)t) _ O 116111 MI F ale � �J� EC ' �1�4YCllL p11R'F. T.., TALLE :. _.-o IY 41 . -E%IST 8" PVC 6ATEH LI%E ,ABANDONED IN ''LASE; ,• .'-'' • �-O iii3'. Pip • I, 0- 2 ....I ',r Y' AA I Ti; E81IMNI. J I aLET , E.a:T STORM.WA7E- r j i.AT(M IIA`14 _ %.5. MANHOLE ....�,,. EfI,T SATE •VAL+E .I'-T w` .IA •� bAki 2 r B. Existing Land Use and Zoning: The site is zoned B-2 (General Business). Multi -family housing is anticipate in the B-2 zone. There is no specified maximum density, however, the applicant must accommodate development standards such as setbacks, parking, storm water, etc. in the final design. The property is generally vacant other than an existing telephone utility shed in the northeast corner. Figure 3: Photo of Existing Site C. Adjacent Land Uses and Zoning: The immediate area is characterized by a mix of uses. There are professional office buildings to the west and south, an apartment complex to the north as well as a single-family neighborhood to the north across Two Mile Drive. Gateway West Mall is the predominant development in the area consisting primarily of a social services campus and Teletech. Most of the surrounding properties are zoned B-2 (General Business). The property immediately to the north is zoned RA-1 (Residential Apartment). D. Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the project site as Commercial, which provides the basis for the B-2 zoning designation. The growth policy would anticipate a variety of uses under that designation, including, but not limited to, apartments, offices, retail, and other commercial uses. The requested conditional use permit is an appropriate land use for the property- 4 E. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyLink Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell EVALUATION OF THE REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Space: The property is approximately 0.87 acres in size. Preliminary design shows that the development would likely be able to be constructed substantially as proposed, although some redesign may be necessary depending upon finalization of plans for storm water facilities. b. Adequate Access: Existing access to the property is off of Two Mile Drive/Financial Drive on the north side of the property. The property can also currently be accessed from the southeast through the Gateway West parking lot, although there does not appear to be public access through that property. The Gateway West manager previously informed city staff that they may gate that entrance to the parking lot in the future due to the significant cross -through traffic from the general public and the associated maintenance costs. Pedestrian access from the main entrances of the buildings to the right -of way must be provided as a standard requirement for multi -family dwellings under the zoning ordinance. Provisions for such pedestrian access will need to be added to the final design. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property which could affect the proposed use. d. Height, bulk and location of the buildings_ The proposed buildings would each have a footprint of approximately 3200 square feet. They would contain two stories and be about 25 feet tall. These design features are within the parameters of the zoning district. 2. Appropriate Design: a. Parking Scheme/Loading Areas: Under the zoning ordinance, two parking spaces per unit are required for a total of 24 spaces. Each unit has one enclosed garage space and there are 16 uncovered spaces, for a total of 28 spaces. There is adequate parking provided for the A proposed use, although there will need to be a minor redesign to accommodate handicap parking requirements. b. Traffic Circulation: Two accesses are provided, one to the east and one to the south allowing for convenient access. The accesses are sufficient for the property and the intended use. C. Open Space/Recreational Amenities: A standard condition for multi -family dwellings under the zoning ordinance is the provision of recreational facilities for the residents. The code requires 500 square feet of land per unit (6000 square feet total in this instance), amenities equivalent in value, or some combination thereof. The applicant has designed the project to comply with this condition. The plan calls for approximately 6343 square feet of open grass areas which are improved with benches, a slide, and a merry-go-round. Figure 4: Recreational Amenities (Full Size Copy Attached at End of Report) RL$ =F':;:= W-7 .. r � .� v�rs.ew+. ✓q a .. I .I y .-atrr t 7L./ i vir 1 T �• d. Fencing/Screening/Landscaping: Landscaping as shown on the plans is sufficient to satisfy general on -site landscaping requirements. Buffering along the north boundary line will need to be added due to greenbelt requirement under the zoning ordinance. Under that provision, any "B" zoned property adjoining "R," "H," or "RA" zoned property needs to provide a six- foot high view -obscuring fence or hedge along the property line. Landscaping within the C. right-of-way will need to be provided. The Parks Department landscaping ordinance details the pennissible landscaping within the right-of-way. e. Signnage: Any signage will comply with the sign regulafions in the zoning ordinance. f. Li tin : The zoning ordinance sets standards for all outdoor lighting on commercial or residential structures. Any lighting will comply with the ordinance. 3. Availability of Public Services/Facilities: a. Schools: This site is within the boundaries of School District #5. No significant impact is anticipated with the proposed use. On average, 12 residential units could provide 6 students to the K-12 system. b. Parks and Recreation: There should be no significant increase in demand on the parks and recreation programs and facilities as a result of this use. Immediate recreational needs will be met on -site with the provision of the proposed private recreational amenities. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. d. Fire Protection: Fire protection will continue to be provided by the Kalispell Fire Department. The impact of the proposed change its this regard is minimal. Water lines are adjacent to the property and access to the buildings is good. An additional hydrant will likely be required under the fire code. e. Water: City water is available and would serve the property. f. Sewer: Sewer service is available and will be provided by the City. There is adequate capacity to serve the proposed use. g. Storm Water Drainage: The preliminary design appears to adequately address storm water requirements. An important aspect of the design is the ability to hook into an off -site storm water catch basin located on the east side of Financial Drive. It is a private basin and the applicant would need to secure permission from the owner in the form of a permanent easement. If that basin cannot be used, the applicant may need to redesign the storm water facilities for the site, which may lead to a significant change in the overall layout of the site, including the possibility that there may be a reduction in the number of units that could fit onto the site. h. Solid Waste: Solid waste pick-up will be provided by the City. The applicant should account for garbage collection areas as part of their final design. i. Streets: The primary street frontage and access is Financial Drive, which connects with Two Mile Drive. Twelve units would generate up to 96 vehicle trips/day based on 8 trips per apartment unit. The street system is unaffected. 7 j. Sidewalks: There are existing public sidewalks immediately adjacent to the property along the full length of the frontage along Financial Drive. 4. Neighborhood impacts: The site is located in the interface between a well -established retail/office area with employment opportunities and a residential area including a mix of apartments, duplexes, and single-family residences. The impact of the proposed change on neighboring properties is anticipated to be negligible. The project is ideally located next to several large employers and offers immediate access to goods and services. No comments from the public were received by the Planning Office. 5. Consideration of historical use patterns and recent changes: This area has historically included a mix of uses, and the proposal would not significantly affect that pattern. 6. Effects on property values: No significant negative impacts on property values are anticipated. RECOMMENDATION The staff recommends that the planning board adopt staff report #KCU-14-054 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. That the project be completed in substantial compliance with the application and submitted plans. 3. Pedestrian access from the main entrances of the buildings to the right-of-way be provided per Section 27.34.060(1) of the Kalispell Zoning Ordinance. 4. Recreational amenities, land with recreational value, or a combination thereof shall be provided per Section 27.34.060(2) of the Kalispell Zoning Ordinance at the rate of 500 square feet of land area per unit, recreational amenities equivalent in value, or a combination thereof. 5. A greenbelt consisting of either a view -obscuring fence or hedge shall be established along the northern property line pursuant to Section 27.20.050 of the Kalispell Zoning Ordinance. 6. The applicant shall obtain a written zoning determination combining both lots together for zoning purposes under Section 27.03.010(7) of the Kalispell Zoning Ordinance. The document allows city staff to review the two parcels as a single unit for purposes of area, dimensional, and other aspects of the zoning ordinance. 7. The boulevard area adjacent to the property within the right-of-way (typically the area between the curb and sidewalk, but, in this instance, including the area between the property line and the sidewalk due to the location of the sidewalk along the curb) shall be landscaped in a manner consistent with the Kalispell Landscaping Ordinance. 8. Provisions for garbage collection shall be coordinated with the City of Kalispell or other private service provider if city service is not utilized. 1.1 9. The Architectural Review Committee shall review the project prior to issuance of a building permit. Approval of the conditional use permit does not grant Architectural Review Committee approval. In order to better meet the four-sidcd architecture generally desired by the Architectural Review Committee, improvements to the rear of the buildings shall be incorporated into the final building design during the building permit application process. 10. The current layout of the project is based largely on utilization of a private, off -site storm water catch basin. The applicant must secure a permanent easement to use those facilities. Without a permanent easement, alternative plans for storm water will need to be developed, which may lead to a significant change in the overall layout of the site, including the possibility that there may be a reduction in the number of units that could fit onto the site. 11. In order to meet fire code, an additional hydrant will be required to be placed at a location to be determined by the Kalispell Fire Department. E Michelle Anderson From: Mark Giacoletto [montanawop@yahoo.com] Sent: Thursday, January 08, 2015 3:10 PM To: Michelle Anderson Subject: Oppose Conditional Use Permit KCU-14-04 To the Planning Board: Below is an email from the Tammy Harm on-Kalsipell Manager of the State of Montana Public Assistance that occupy 121 Financial Drive with concerns about the proposed Four Plex apartments: On Monday, January 5, 2015 12:28 PM, "Harmon, Tammy" <tharmon(a)mt.aov> wrote: Hi, Mark! I heard a rumor that the lot in front of our building maybe developed with some kind of residential units. Can that be true? I always understood the vacant lots surrounding our building were for professional use. My concerns for more housing units around us are twofold. First, our office generates a lot of traffic that could be a potential drawback for the residents. Secondly, because their lot is narrow, I fear the residents (and their guests) may park in our lot. We already have this problem with the other housing units around us. Our parking is quite limited, given the number of state vehicles and employee vehicles using the lot. In the winter it is especially bad because many of the spaces are used to hold the snow that is plowed off the lot. Thanks for listening! Tammy L. Harmon, Field Operations Manager Kalispell & Libby Field Offices of Public Assistance 121 Financial Dr Ste A Kalispell MT 59901 406-751-5920 406-751-5929 fax harmonca)-mt.gov Cascade Investments 100 Financial Drive, Suite 100 Kalispell, Montana 69901 City of Kalispell Planning board Kalispell, MT59901 Re: Conditional Use Permit #KFCU-14-04 Dear Planning Board members: The purpose of this letter is to advise you of our strong opposition to the granting of a conditional use permit to build for four-plexes next to our property in an area zoned B-two. We own Cascade Investments, Inc., a Montana Corporation. Cascade Investments owns a 2800 ft.' commercial condominium immediately next to the lots for which the conditional use permit is sought. We purchased the condominium in 2004. At the time of our purchase, it was represented to us that all lots within Cascade Professional Park, Li_C would remain business lots and would be used strictly for business purposes. The reason we located here is that we were assured that the park would remain commercial. At no time was it ever suggested the lots within the park would be used for the purposes such as the building of four-plexes. This use is inconsistent with and contradictory to the representations made to us. We are extremely disappointed in regard to any conditional use permit which changes the character and quality of the Park. We know Cameron Colder and Rulon Nixon, the owner of the lots, Mr. Colder and Mr. Nixon assured us the Park would remain commercial. Now it appears, however, they have changed their mind, Not only have they sold our building recently but with that they have apparently changed their minds. We wish to register our disapproval of those actions and the conditional use permit. We don't believe the conditional use permit should be approved for the following reasons: 1. The entrance to the Park is heavily used and is not consistent with four-plex apartments or the occupants of those apartments. The entrance has at least 300 trips daily. We think that safety considerations alone should cause for the denial of these permits. 2. While there are apartment buildings to the north and west of the building lots, the planning board member should recognize that those entrances are off of 2 Mile Drive and their traffic does not Interfere with the Park. Those are different entrances and are used for different purposes. 3. The value of nearby commercial office building, including ours, will definitely be lowered. If we had wanted to purchase commercial office space in a residential zone, we would have chosen to do that. However, our property was represented to us to be commercial property, and this would be its exclusive use. We do not want to suffer decrease in our property values because of an inconsistent us and the granting of this conditional use permit. 4. We understand that similar representations were made to owners of other commercial properties within the business park. We likewise believe that there will be a severe decline in those properties, and this will create serious financial hardship. 5. We've also been advised by other owners in the park that new tenants will not rent space if the main entrances shared with a residential four-plexes. 6. There is no dispute that the prior owners, Cameron Colder and Rulon Nixon, represented to the Planning Department and members when they were developing this property and area that the Park was to be commercial. We believe that the Planning Board should hold the prior owners to the representations that were made. 7. These lots are at the entrance to the Park, not at the back of the Park. Being located at the entrance will affect the overall quality and character of the business park. That will change if the conditional use is granted. 8. We know that the City of Kalispell has tried to encourage and maintain the area of the Gateway West Mail and Cascade Business Park as commercial. In fact, in regard to the Gateway West Mall, the city made a substantial investment when it brought Teletech to the area. It also made a substantial investment when it invited and facilitated United Way and other social service agencies and businesses into the Gateway West Mall. The owners of Go Ventures LLC and the new owners of our building have made investments of more than $1 Million dollar each in their buildings. This conditional use permit is inconsistent with the Planning Board's effort to try to bring commercial businesses into the area. We would respectfully ask the planning board to reject the conditional use permit. If you have any questions, please do not hesitate to contact me. Thank you very much. Very trul u To d a. Hammer, a ident Cascade Investments, Inc. January 8, 2015 From: Cascade Professional Center LLC Richard Kramer & Robin Allen 424 Baker Ave. Unit 1664 Whitefish, MT 59937 To: City of Kalispell Planning Board Kalispell MT 59901 RE: Conditional Use Permit #KCU-14-04 We are the owners of the property at 100 Financial Drive which is the adjacent property to the Proposed Conditional use permit lots at 91 and 95 Financial Drive. We are strongly opposed to the granting of a conditional use permit to build apartments next to our commercial property in an area zoned B-2. Our building of approx. 25,000 sq. feet is fully occupied by professional commercial entities. We have 2 Private Law Firms, a national insurance agency and the Montana Department of Revenue as tenants. Our building has similar commercial buildings on three sides. Adding residential at the entrance to our property would change the entire feel of the business park by making it mixed use and no longer B-2. This would adversely affect the "Professional" nature of our property making it less desirable to our tenants and thus adversely affecting our ability to lease units and the value of our investment. Sincerely, Richard Kramer 250-9786 Robin Allen 863-2111 Go Ventures LLC Mark Gia.coletk)-Terry O'Keefe PO Box 3502 Butte MT 59701 406-494-3310 406-490-3301 Fax Terryokeefe 1 @yahoo.coin City of Kalispell Planning Board Kalispell MT 59901 RE: Conditional Use Permit #KCU-14-04 We are owners of the property at 121 Financial Drive that share the west property line of the Proposed Conditional use permit lots at 91 and 95 Financial Drive. We strongly oppose the granting of a conditional use pen -nit to build four plexes next to our property in an area zoned B-2. In 2007, GO Ventures purchased 121 Financial Drive from the applicant Cascade Professional Park LLC to build a 33,000 Sq Ft Professional Office Building. This building was a build to suit office building leased to the Department of Public Health and Human Services Division of the State of Montana. When we purchased this property from the applicant it was advertised as "CASCADE BUSINESS PARK" with large signs showing about 7 professional office buildings in the office park. We purchased the land and built this building purposely in a B2 area so that our building occupants and their clients were in an appropriate zoned area. The City of Kalispell always has had a strong planning department and we never thought our investment would be compromised by poor enforcement of the zoning laws. This proposal puts residential four plexes at the entrance to the Cascade Business Park and if approved our only access to our office building will be a common entrance shared by residential four plea. This creates a huge safety hazard. Our tenants and their clients easily have 500 cars trips daily to our building. The professional office building at 100 Financial Drive also has equal tenants and clients. The only entrance to our building would be sliared by these residential occupants, Forcing business travel through a residential area is just not appropriate for an office building. Changing zoning to allow residential in a business zone creates a safety hazard and is irresponsible for the planning board to allow this to happen. An aerial view of the surrounding business area shows a business area that appears to house 1000 cars parked at businesses and probably services double to triple or 3,000 cars daily. The main north entrance to this business area travel in front of this proposed four plea area oil financial drive. Again, changing zoning to allow residential in a business zone creates a safety liazard and is irresponsible. We acknowledge apartments to the north and west of our building but both of these have entrances from two mile drive and their traffic does not interfere with the Cascade Business .Turk and the Gateway Business Area. We have 5,000 square feet of available rental space that was previously occupied by the Montana High Patrol. We are currently negotiating a lease agreement with new tenants. These tenants said they would not rent this space if their employees main office entrance street is shared with a residential four plea. Our building exposure as an office building would be compromised by the entrance to this Cascade Business Park having four plex residences as an anchor at the entrance. If we are unable to obtain and maintain the quality tenants at the office building this creacs a serious financial hardship and a severe decline in the value of this property. In order to preserve the value of our property at 121 Financial Drive GO Ventures LLC is prepared to fight this proposed Conditional Use Permit using all legal means available. Go Ventures LLC asks the City of Kalispell Planning Department to reject this conditional use perinit. Sincerely, Terry O' Ke e C) D pr �r m c� cn Dm r� r D C� zm o� z� =o 0 rnCD m� Zl � �m O co O m ka r- �O ro �cf)^^ C rn Q -n O (D 1�J o U CD m rn m m D r C? m CID z m 4l fl ' 1 C ,� I• 1f IC. f {ate.(. 1' a VIl dd llC! ?�4Sf�: f'M "' fi� ► , t f if , {f'iNH �/ IC k I Ki I lMW�'CdiU�f^ ! , j •Yi �IAI^! ,� � ��j T MI'.� , 1•F k?I 71 1� rA 1�IJ IfSOPSII� PLANNING FOR THE FUTURE MAATA Planning Department 201 18t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www. kalispell.com/ planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Multi -Family Residential OWNER(S) OF RECORD: Name: Cascade Professional Park LLC Mailing Address: 5156 W. Golden Oak Lane City/State/Zip: Highland, UT84003 Phone: 801-380-7301 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Ryan Casne, PE Casne & Associates Inc. Mailing Address: City/State/Zip: - P.O. Box 1123 Helena, MT 59624 Phone: (406) 443-1656 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Address: 91 & 95 Financial Drive Subdivision Name: Gateway West Addition #34 Sec. Town- Range No. 12 ship 28N No. 22W Tract Lot Block No(s). No(s). 1 & 2 No. 1. Zoning District and Zoning Classification in which use is proposed: B-2 General Business 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. x b. Dimensions and shape of lot. x C. Topographic features of lot. x d. Size(s) and location(s) of existing buildings x C. Size(s) and location(s) of proposed buildings. x f. Existing use(s) of structures and open areas. x g. Proposed use(s) of structures and open areas. x h. Existing and proposed landscaping and fencing. x 1 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. �✓ b. Access to and circulation within the property C. Off-street parking and loading. d. Refuse and service areas. i e. Utilities. y/ f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. L Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light., dust., odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). 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 a 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, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. '/Z/ Applicant Signature Date 2 2MD County R-1 AMD AMD C A OF T z� OF L2 OF WESTERL NLY _14E AMD ATEWAY ES °- SLY PTN 0 ADD #34 O GATEWAY WFS � 1 AMD L2 OF THE AMD OF THE AMD PLAT OF 1 W'LY PORTION �10 OF GATEWAY i WEST ADD �(S) #34 B➢<'�% U— w �'o°O a 8 B Q co 4 7RA 7A -1/IUp c QRPQRATP rT ID 5 4 3:- BLK 3 7 9-1 12,; QQ�i GLACIER ST 6t1..+_ .4 I 1 BLK 2 TR X+ GATEWAY WEST ADD #34 ,P 'SUNBURST CT! 15A �-..., �.. 5 17B 17A 15B '16Bj 16A 4 GATEWAY ISE IBC IBA 3 iev 1B& 51 ORCHARD �� 2 19D 19CIW 19A Y I -m VILL�S VI Q 5H 56 5F- 5E Y V ��S a G P� �D 3� 2 z 3 M� p,M Z P S uLL b'e Pro J� t � perties cP ss\oNP C 1 �`OQo c� �P1 N NC sv6 SE�v`G 7D T PTN PMO P PY BEST 5 ,ATE POD 34 GIBSGN 2 B-2 �O 1 IWA GAT WEST GATEWAY WEST UNIT 2 2 I ADI 1 HUSK VICINITY MAP SCALE 1" = 75' CASCADE PROFESSIONAL PARK, LLC REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT THREE 4-PLEX RESIDENTIAL BUILDINGS ON APPROXIMATELY .87 OF AN ACRE IN THE B-2 (GENERAL BUSINESS) ZONE. THE PROPERTY IS LOCATED SOUTH OF TWO MILE DRIVE ON FINANCIAL DRIVE. FILE# KCU-14-04 PLOT DATE 12/11/14 H:\gislsitelkcu14 04 - Cascade Prof Park.dwg 11111111 MIN III.. �� Illl�ii I�Y�i�eYY 0 _0 LL eru .oats ul4naAnr ,dl 311L.133H5 Po.IPVV OLE na(1 pue puej Aai:)elg a i 21tlB Ai NOnd 3llLLA33NS :NondBOE30lJ3I0Nd :ABOdBINDBd 50NImtlNO O N NI AV F Aft RB. .91E&SI —A1 T N 7 Do 7. .m m 7L .9n4A ro I I •, � a.� III Zrn z ¢F roF oY �� g¢a I 1�..••' o p � �4 _ 14 e= N<Sl c --------I."-en'm Ira o I i L------------- A' Ob I I .•.• pb V m I ti An B:BI---___-- ... J y w .B til .ZE w .blt 9'SI AR 9v't At .- zr V W G y CO la a •ta f voao 9 Z to �'nYaac CU rn -00 3 v'Q Coco •N oII C p mmz,-F-�oU w — ... U r d• x e O N c0 C Cfl M�^N t1Q mA N •LI ._••.� Ego m osl n c) r - N o= o p O w U p�p _ Hn fpp Ri OU NNC��+- o ES{ W • O O m N N ! (1) lj D � II is � xz2 v 2Wv� m'(Doioom=m v 4Q'm ul w2 WLLLZQa 3�1L11L=J3H5 asss�iwyv� ep� nap pue pueI aai�e�g a v = ALbU AB M1lWIV]590 31ll1133NS �NNLLdR69OJ}d[OMd �A0 �G1A011d 9MMVd0 � VI UI UlD6s iw Yiadm J � M 31-M AIHS aN aaaaaA Dz nad pue puel �ai�e�g x 33YD A8 Dlltlitl]53D 'ON 3LLl1 AddIB �NDIldDA5i0l�d(Dtld •A. OdDNWid SDNIMWD � � U7 �� om�8 z s C O �•$ gF. g�nsa E � o�EbgE�cS,� as Him &S ad$i ESN a<ki e'd �Neivm aan o m CERTIFICATION APPLICANT: Cascade Professional Park Conditional Use Permit FILE NO: KCU-14-04 I, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where a conditional use permit has been requested. Date: S-T-R: 12-28-22 Tract/Lot: 1 & 2 Gateway West Addition #34 Property Owners/Owner Representative: Cascade Professional Park, LLC 5156 W Golden Oak Lane Highland, UT 84003 Ryan Casne, PE Casne & Associates, Inc. P.O. Box 1123 Helena, MT 59624 AND ATTACHED LIST Cascade Professional Park, LLC Ryan Casne, PE Cascade Professional Center, 5156 W Golden Oak Lane Casne & Associates, Inc. LLC Highland, UT 84003 P.O. Box 1123 424 Baker Avenue, Unit 1664 Helena, MT 59624 Whitefish, MT 59937 Rocky Mountain Education, Inc. 105 Blue Crest Drive Kalispell, MT 59901 Cascade Professional Park, LLC 100 Financial Drive, Ste 300 Kalispell, MT 59901 City of Kalispell Attn: City Clerk P.O. Box 1997 Kalispell, MT 59903 Gateway Village 282 4th Avenue WN Kalispell, MT 59901 Go Ventures, LLC 40 N Lake Drive Butte, MT 59701 ACG-Kalispell Investors, LLC AD% Hugh M. Boss 1114 State St, Ste 212 Santa Barbara, CA 93101 Cascade Investments, LLC P.O. Box 7310 Kalispell, MT 59904 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your continents and concerns to the Kalispell Planning Department. You may come into the office in person at the above address or you may contact the office at (406) 758-7940 for additional information. Written comments may be submitted to the Kalispell Planning Department prior to the submission date, or emailed to us at plamlingCa,)ka lisp ell. corn. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION JANUARY 13, 2015 A regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January 13, 2015, beginning,at'? 00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make recommendations to the Kalispell City Council who will take final action. Residential On -Street Parking Permit Program around Flathead High and Elrod Elementary. Residents in the vicinity of Flathead High School and Elrod Elementary School have requested the planning board consider creation of a residential on -street parking permit program that would require a permit for on -street parking from 8:00 AM to 3:00 PM, Monday to Friday, when school is in session. Only residents of the district would be eligible to purchase permits. The permit area would include properties abutting 3rd Avenue West between 5`h and 90' Streets West and 4th Avenue West between Bch and 9`' Streets West. The cost of the permits have yet to be determined, but will be established by a resolution of the City Council, based on the cost to administer and enforce the parking regulations. 2. A request from Cascade Professional Park, LLC, on behalf of Chris Sund for a Conditional Use Permit to construct 12 residential apartment units. The development would consist of three four-plex buildings on two lots along Financial Drive. The current addresses of the two properties are 91 and 95 Financial Drive. The property can be described as Lots 1 and 2 of the Amended Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition #34, Flathead County, Montana. A request by Serengeti Properties, LLC for preliminary approval of Stillwood Farms, a two lot subdivision with each lot intended to accommodate a two -unit townhouse. The subdivision is located at 56 Vista Loop in Kalispell and is bounded by Three Mile Drive on the south, North Riding Lane on the west and Vista Loop on the northeast. The property is %z acre in size and is zoned RA-1 Residential Apartment which allows two -unit townhouses as a permitted use. The property is more specifically described as Lot 1 of Three Mile Views in Section 1, Township 28N, Range 22W, PMM,. Flathead County MT. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda items is posted on our website at www.kalispell.com/planning under "Planning Board Agenda & Staff Reports". Interested persons are encouraged to attend the hearing and present their views and concerns to the Board. P , nu wu��Lsinarr n woo-ouiauseo@oueti (SsaNIsria'IVZi3Nso) z-s :omimOZ LmaN no of u_ 9996-Ebb(90b) bZ965 eueauow 'eua1aW MVrld :91IS ' < r �Irnla mzzx Nszs zT ��s O 0 —� SU6 XOa od ,LN'I'IgaSI'IVX `ZAIU(I 'IVIaNVNI3 S6 28 T 6 M F- C out `salaioossy ausao A�I�dI�tII/�I'I�2id ts# aaV ism �Vm�iVo `z 2g T sso'I N w 'IVS4dONd A'IIVd-I,L'I.fIW I/ � cxo Q FI N S V D :81111 199yg :10910Jd W— z J � W U J cr- J 1w- 1w- O 3 z � a z Q Z o Q z w z o V)co m vi o 0 co w vi Z Z ()m Q ww M �0 XQ n Q X < fw CE _j L~ V C z > Q d 0 l- )IP—P!S o4wfioa o LLJ q.onZ)Jo )laefl auyl Mold 4 $ pa • < I'�'I AAMG 'iNV II3 a aced fo �S o "" L 10, a' - 'ct t 3 lz . Q c �+ d �o 3 li p I I I I O i i a i i La 3 (n fI; i Ii i i i i i i Py i LQ �I d 00 W W N 1 o I i� iii �o iLn mm.We W-- — xa7eM MY— — —W— — —W— — W— — -'yy ~ �. W— —VM-00 `� 41F— i Z I �. t u. o l o�� in is X I _ - Q —I' I oco ni W m C) ,i V C) � WV) X z — _ ( — — !�FillF y i�lo I WI OF-W v� W y v O � J .—�Q <O Q 0� m0 :E z CIL� W wm �CEw o oc~n �LLJ oz w Q rnD U 3 z O 00 J W job �✓ / 1 LLJ I Q O zvE�v+a C° ,� Z I. 1 �m Z _mac c c O 3 U y a] o a y u O T O 2.v� r' ' — N W 0 EN 9 Mo°�nR, II O G7 0 • a r o (n 0 o N o 00 Q Z Z Q O w U U D m J a- _ (n O U � J O (—. z O L.L (.J ` J z W W W O Q W J LL. Q O Z X m z O O Ow z O m w W � � �3 w Q O W' O O w m W Q Q 63 J W !V d d CL M U w n F- U- 0 � a- � p PflWO.1C111. woo ouiauseo@ueti 9991-Cvk(90t) lIZ969eueauow'eualaH MZ XO9od ,LISIHX9 A,LI.I�gWV PI�dmoiLvgaoS2I (SSEMISfIE IV-da � S O) z-8 :OMIMOZ ZN�2 ano L�IL1Id `mzzx `u8z�r `zi '03S IN'TZSdSI'lVX 2MCl'IdIO1�iV IId 262R T6 N M N N N I- 3 °,= a 1 /� •aul `salepossy V auseO 1�2I�d%iII/1II'I3�Id ts# clad LS3m. AdmaLvo `z 19 T S.LOZ 'IVSOdOMd N L I A'IIWV q-I,L'Iflw 9 K S d O :91411389yS :108(ad A H � 2 U Z � O W I m Y O p CD J I N w N O II d i �= C O O O o_ Y E Z E2E2O v'E:R8 o a > r— moo a, `o v.cmma �'• 3C'JOcO ocs ya m a`0 o°Way r � 11- \�\fir. i I l l i i i I I I Y V Z Z Q O W U LLJ z (n U w O J 0 N Z w w w O Q W 4 = ? x W d O �D O O d J m Q Q .i w N m a a cn v r� �, a Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Cascade Professional Park, LLC 5156 W. Golden Oak Lane Highland, UT 84003 (801) 380-7301 LEGAL DESCRIPTION: Lots 1 and 2 of the Amended Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition 934, Flathead County, Montana ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of 12 residential apartment units consisting of three four-plex buildings on two lots located at 91 and 95 Financial Drive. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on January 13, 2015, held a public hearing on the application, took public comment and recommended that the application be approved subject to 11 conditions. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-14- 04 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 12 residential apartment units consisting of three four-plex buildings on two lots located at 91 and 95 Financial Drive in the B-2, General Business zoning district, subject to the following conditions: General Conditions That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. Cascade Professional Park CUP Page 1 2. That the project be completed in substantial compliance with the application and submitted plans. 3. Pedestrian access from the main entrances of the buildings to the right-of-way be provided per Section 27.34.060(1) of the Kalispell Zoning Ordinance. 4. Recreational amenities, land with recreational value, or a combination thereof shall be provided per Section 27.34.060(2) of the Kalispell Zoning Ordinance at the rate of 500 square feet of land area per unit, recreational amenities equivalent in value, or a combination thereof. 5. A greenbelt consisting of either a view -obscuring fence or hedge shall be established along the northern property line pursuant to Section 27.20.050 of the Kalispell Zoning Ordinance. 6. The applicant shall obtain a written zoning determination combining both lots together for zoning purposes under Section 27.03.010(7) of the Kalispell Zoning Ordinance. The document allows city staff to review the two parcels as a single unit for purposes of area, dimensional, and other aspects of the zoning ordinance. 7. The boulevard area adjacent to the property within the right-of-way (typically the area between the curb and sidewalk, but, in this instance, including the area between the property line and the sidewalk due to the location of the sidewalk along the curb) shall be landscaped in a manner consistent with the Kalispell Landscaping Ordinance. 8. Provisions for garbage collection shall be coordinated with the City of Kalispell or other private service provider if city service is not utilized. 9. The Architectural Review Committee shall review the project prior to issuance of a building permit. Approval of the conditional use permit does not grant Architectural Review Committee approval. In order to better meet the four-sided architecture generally desired by the Architectural Review Committee, improvements to the rear of the buildings shall be incorporated into the final building design during the building permit application process. 10. The current layout of the proj ect is based largely on utilization of a private, off -site storm water catch basin. The applicant must secure a permanent easement to use those facilities. Without a permanent easement, alternative plans for storm water will need to be developed, which may lead to a significant change in the overall layout of the site, including the possibility that there may be a reduction in the number of units that could fit onto the site. Cascade Professional Park CUP Page 2 11. In order to meet fire code, an additional hydrant will be required to be placed at a location to be determined by the Kalispell Fire Department. Dated this 2nd day of February, 2015. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2015 before me, a Notary Public, personally appeared Mark Johnson, 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 Cascade Professional Park CUP Page 3