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E2. Conditional Use Permit Staff Report - Owl CorpPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katisaell.com/plannin� REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: KCU-15-02—Conditional Use Permit (CUP) for 3 Townhouses in the R-3 Zone MEETING DATE: June 1, 2015 BACKGROUND: Owl Corporation is requesting a CUP to construct three duplex townhouse units in the R-3 Zoning District. Townhouses are permitted within the R-3 Zone, provided a CUP is obtained, per Section 27.06.030 of the Kalispell Zoning Ordinance. Owl Corporation is requesting to utilize all municipal public services including water, sewer, police and fire. The property is located within West View Estates, along the 100 block of Taelor Road north of Old Reserve Drive. The property can be described as the Southwest Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing May 12, 2015, to consider the application request. Staff presented staff report KCU-15-02 providing details of the proposal and evaluation. Staff reported that the proposed CUP was compatible with the zoning, the growth policy, and the applicant has met the burden of proof requirements. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the City Council that the CUP be approved, subject to ten conditions. During the public comment portion of the hearing, the owner's consultant spoke briefly regarding the CUP request. There being no further public testimony, the public hearing was closed and a motion was presented to adopt staff report KCU-15-02 as findings of fact, and recommend to the Kalispell City Council that the CUP be approved, subject to ten conditions. Board discussion concluded that the CUP was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the City Council approve Conditional Use Permit KCU-15-02, with the ten conditions of approval. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. Respectfullyyssubmitted, qdJygren / Senior Planner Report compiled: May 13, 2015 ATTACHMENTS: Minutes of the May 12, 2015, Kalispell Planning Board Application Materials c: Aimee Brunckhorst, Kalispell City Clerk Owl Corporation, 500 Palmer Drive, Kalispell, MT 59901 Sands Surveying, Attn: Eric Mulcahy, 2 Village Loop, Kalispell, MT 59901 REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-15-02 April 22, 2015 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a Conditional Use Permit for the construction of three duplex townhouse units in the West View Subdivision. A public hearing on this matter has been scheduled before the Planning Board for May 12, 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. A. BACKGROUND INFORMATION: Owner/Applicant: Owl Corporation 500 Palmer Drive Kalispell, MT 59901 (406) 752-5666 Size and Location: The subject property is 1.18 acres, which will be broken down into six sublots ranging in size from approximately 6,185 square feet to 11,095 square feet in size. The property is located within West View Subdivision, along the 100 block of Taelor Road, approximately 300 feet north of Old Reserve Road. The property can be described as the Southwest Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Summary of Request: The applicant is requesting a Conditional Use Permit in order to construct three duplex townhouse units (six units) in the R-3 (Residential) Zoning District. Townhouses are permitted within the R-3 Zone, provided a Conditional Use Permit is obtained per Section 27.06.030 of the Kalispell Zoning Ordinance. The townhouse units are proposed on three lots that were approved as Phase 6 of the West View Preliminary Plat Subdivision. Final Plat approval for the three lots will be required prior to construction of the townhomes. The sublots being created for the townhomes are exempt from the subdivision regulations by Section 76-3-203, M.C.A. County v R..3 PA-1 ro .rroin i eeeTvs vs R-SAPUD GLACIER HIGH SCHOOL SUB VICINITY MAP acw�s •._(ov nwI cnn�aunTloN coNnrr>nNit unE PEMY(T RCCU(lITTIYtAOONOTnONY. IIK CO�WT 4LGW THF. TXYlR'INUGTfW pT]�2 UNIT �4YYMNDU9FS IM TMF R.� (RiWORMNt ZIXi TXF PRo>9LTY Il OC.1'Tf.A NFM TiF EfiTCr-611UN OF tYf5T' itl! tlERYE (NV/E MID TNlOR R4 H� IN fYL W[3TNEW FETAiF6 `JU9OIN61di F&C-N KCU-IS-02 Figure 1: Vicinity Map and Zoning rigure z: tsirds-Eye View Existing Land Use and Zoning: The property is an undeveloped portion of the West View Estates Subdivision. Figure 3: View ofproperty from the south. Figure 4: View of property from the north. The property is located within the R-3(Residential) land use zoning district. The Kalispell Zoning Ordinance describes the intent of this district: "A district intended to provide lot areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designed as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." Adjacent Land Uses and Zoning: The existing zoning and land uses of the land surrounding the subject property are as follows: West: RA-2 (Residential Apartment/Office), undeveloped North: R-3, undeveloped and single-family homes East: R-3, undeveloped and single-family homes South: R-3, undeveloped and Glacier High School track across Old Reserve Drive Relation to the Growth Policy: The Growth Policy 2020 states that there is a growing need in the city for more diverse housing types such as, townhomes, multi -family and accessory dwellings to accommodate smaller households. The Kalispell City Growth Policy Map designates the subject property as High Density Residential. Townhouses are an encouraged form of development within the High Density Residential land use category. Accordingly, townhouses are the appropriate land use for the property. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell 2 Electric: Flathead Electric Cooperative Phone: CenturyLink Police: City of Kalispell Fire: City of Kalispell Schools: School District #1, Kalispell B. EVALUATION OF THE REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. A Conditional Use Permit may be granted only if the proposal, as submitted, conforms to all of the following general Conditional Use Permit Criteria, as well as to all other applicable criteria that may be requested: 1. Site Suitability: a. Adequate Useable Space: The 1.18 acre subject property has flat topography that will be divided into six sublots. The six sublots range in size from approximately 6,185 square feet to 11,095 square feet in size. The minimum lot area required in the R-3 Zone is 6,000 square feet. All six of the sublots to be developed with townhomes are large enough to meet the applicable zoning standards for lot size, building setbacks and building height. b. Height, bulk and location of the building_ The proposed townhomes are designed to provide a single-family street appearance void of the large street facing garages that are typical of townhouse design. For each two unit structure, one unit will have its door facing Taelor Road, while the second unit's door will face the south. This entrance feature enhances the single- family design of the structure. Each unit will be approximately 2,080 square feet of living space for a total of 4,160 square feet per two -unit structure, which is on par with some of the larger single-family homes within the development. The garages are proposed behind the townhomes along the rear alleyway, which decreases the bulk of the structure when viewed from the street. The townhomes are also proposed with increased front and rear setbacks. The required front and rear setbacks for the development are 15 feet. The proposed front and rear setback for the development are 20 feet, which increases the yard and decreases the perceived bulk of the structures due to increased spacing. The maximum height limit of 35 feet in the R- 3 Zone will be complied with. C. Adequate Access: The townhouses have their building frontages along Taelor Road, an improved collector road that has been constructed to city standards. Vehicular access to the units will be taken off of a paved private alley located behind the units, which will not be used for city services. The paved alley connects to an unimproved public street to the south. The unimproved public street to the south will have to be improved westerly past the proposed alleyway entrance, so that vehicular access can be achieved. The improvements to the unimproved street are required prior building permits being issued for the townhomes. d. Environmental Constraints: There are no known environmental constraints, such as steep slopes, streams, floodplains, or wetlands, on the property which could affect the proposed use. 3 2. Appropriate Design: a. Parking Scheme/Loading_ Areas: Each townhome unit will have a two car garage and driveway for parking. The garages and driveways take access off of the private alleyway located behind the townhouses at the west end of the property. b. Lighting_ Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Exterior lighting installed in conjunction with the townhouses will be reviewed for compliance with the zoning ordinance during site development review. C. Traffic Circulation: The townhouses front Taelor Road, which is an improved public street that was constructed to city standards for circulation. In the case of emergency, access to the townhouse units will be taken from Taelor Road, similarly to the other homes in the development. Access to the units will be taken from a 20 foot wide private alleyway located on the western end of the property, ending in a small cul-de-sac. The private alleyway takes its access off of an unimproved public street south of the proposed townhouses. The unimproved public street to the south will have to be improved westerly past the proposed alleyway entrance, so that vehicular circulation can be achieved. d. Open Space: The required front and rear setbacks for the development are 15 feet. The proposed setback for the development is 20 feet, which increases the yard giving the townhomes more open space than would be required. In addition, with the development of the West View Subdivision, the applicant was required to develop a city park per 76-3-621 M.C.A. The three lots that the townhouses are proposed to be constructed on were included in the dedicated park area requirement for the subdivision. Therefore, no additional parkland is required for the proposed townhouses. e. Fencing/Screening/Landscaping: The street side of the townhouses will be landscaped similarly to the submitted plan, which consists of grass, trees and shrubs. Fencing for the units will have to comply with Section 27.20.040 of the Kalispell Zoning Ordinance. f. Signage: There will be no signage associated with the townhouse development. 3. Availability of Public Services/Facilities: a. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed single-family use. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. There is adequate access to the property from the public road system and the townhouses will be constructed to meet current building and fire code standards. Station 62 is one (1) mile from the site and response tune will be excellent. C. Water: City water currently serves the property. The developer will be required to pay the cost for three additional service line connections for the additional units. d. Sewer: Sewer service is currently provided by the city. The developer will be required to pay 4 the cost for three additional service line connections for the additional units. e. Storm Water Drainage: Storm water runoff from the site shall be managed and constructed per the City of Kalispell Construction and Design Standards. Prior to receiving a building permit the developer will need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. f. Solid Waste: Solid waste pick-up will be provided by the Kalispell Public Works Department. The city's solid waste collection program has the capacity to serve the proposed use. g. Streets: The proposed townhouses front Taelor Road, which is an improved public street. Taelor Road was constructed to city standards and provides suitable access to the townhomes. The unimproved public street to the south will have to be improved westerly past the proposed alleyway entrance, so that vehicular circulation can be achieved. h. Sidewalks: Existing sidewalks are constructed to city standards along Taelor Road, which fronts the proposed townhomes. To ensure the continual improvement of pedestrian access for the community, a sidewalk shall be installed in the public right of way along north end of the unimproved public street south of the development. The sidewalk should connect to the existing sidewalk at the Taelor Road intersection and extend to the westerly property boundary of the development. i. Schools: This site is within the boundaries of School District #1. Some impact to the district may be anticipated from the proposed townhouses depending on the demographics of the residents. j. Parks and Recreation: With the development of the West View Subdivision, the applicant was required to develop a city park per 76-3-621 M.C.A. The three lots that the townhouses are proposed to be constructed on were included in the dedicated park area requirement for the subdivision. Therefore, no additional parkland is required for the proposed townhouses. 4. Neighborhood impacts: a. Traffic: Access to the townhouses will be via Taelor Road, an improved city street, constructed as part ofthe West View Subdivision. The lots will front Taelor Road similarly to the rest of the residences in the neighborhood, but the access to them will be from a private alleyway behind the townhomes. The private alleyway takes its access off of an unimproved public street south of the proposed townhouses and no city services will be provided from within the private alley. The unimproved public street to the south will have to be improved westerly past the proposed alleyway entrance, so that vehicular circulation can be achieved. Taelor Road was constructed to city standards and provides suitable access to the townhomes. b. Noise and Vibration: Other than during construction, the townhomes will not create any objectionable noise and vibration beyond what would normally be associated with a single- family residence. 5 C. Dust, Glare, and Heat: Other than during construction, the townhomes will not create any objectionable dust, glare, and heat beyond what would normally be associated with a single- family residence. d. Smoke, Fumes, Gas, or Odors: Other than during construction, the townhomes will not create any objectionable smoke, fumes, gas, or odors beyond what would normally be associated with a single-family residence. e. Hours of Operation: Hours of operation does not apply to this project since it is for townhomes. 5. Consideration of historical use patterns and recent changes: The proposal is compatible with the immediate area, where a mix of housing types is anticipated and encouraged. The R-3 Zoning of the project site and the High Density Residential land use designation anticipates this kind of development. The townhomes are designed in a way that they appear as single-family residences, furthering the integration and compatibility with the neighboring development. In addition, the townhouse units are being proposed at this location to buffer the higher density development that is permitted with the R-A-2 (Residential Apartment/Office) to the immediate west. 6. Effects on property values: No significant negative impacts on property values are anticipated as a result of the requested conditional use of the property. As previously mentioned, the proposal is compatible with the neighborhood, and the development and land use impacts would be typical for the area. C. RECOMMENDATION The staff recommends that the Planning Board adopt staff report #KCU-15-02 as findings of fact and recoimnend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: D. CONDITIONS OF APPROVAL General 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. Prior to issuance of the Building Permit 2. A Final Plat Application will need to be submitted and approved for Phase 6 (as indicated on phasing plan) of the West View Preliminary Plat Subdivision prior to issuance of a building permit. 3. The building permit application site plan and elevation drawings shall substantially comply with the approved Conditional Use Permit Application site plan and elevations drawings. Prior to issuance of the Certificate of Occupancy 4. To ensure the continual improvement of pedestrian access for the community, sidewalks shall be 1.1 installed in the public right of way along north end of the unimproved public street south of the development. The sidewalk should connect to the existing sidewalk at the Taelor Road intersection and extend to the westerly property boundary of the development. The design and location of the sidewalk and curb cut for the alleyway shall be reviewed and approved by the Public Works Department. After installation, the sidewalk and curb cut shall be inspected and approved by the Public Works Department. 6. The unimproved public street to the south of the development shall be dedicated to the city and recorded as such on the final plat. 7. The unimproved public street to the south of the development shall be improved to the westerly property boundary with the installation of a temporary cul-de-sac to the satisfaction of the Public Works Department. 8. Each townhouse unit is required to have sewer and water service line connections. The sewer and water service lines shall be reviewed and approved by the Kalispell Public Works Department. 9. Water and sewer lines shall be extended to the west property boundary of the development within the unimproved public street to the south. The design and location of the water and sewer lines shall be reviewed and approved by the Public Works Department. 10. A letter from the Kalispell Public Works Department shall be submitted to the Kalispell Building Department stating that all new infrastructure has been accepted by the City of Kalispell. 7 H 2 3 ::E 54 .� TAELOR RD 22 1 z 33 81 82 83 84 85 Q 113 112 �`' G� 2 l7 55 ' 56 J 88 87 85 a 111 1 114 17 1 89 115 110 1 County 116 49 48 47 Q 90 109 1 0 AG-80 126 117 KINTLA VVAy 5+ 9i WEST VIEW ES7 PH 3 io8 1 6 a 125 118 0 0 37 38 92 0 0 107 CC J PARK 124 119 5 < 106 1 34 1 93 123 120 94 105 r 1] 2CoOnty R 24 ALI LOOP 122 121 33 R�2 -3 95 104 1. 32 Q 96 9 BOVVMAN DR 31 LL 97 98 99 100 101 102 103 30 29 28 /+ 8 W S u0 �eCt 63 �. ST PH m 5+ Property Qs sT,�-W AR 57 6 Q 5 7 8 O 9 10 11 ~ 6 ESSEX PL. 4 RA-1 5 4 3 2 1 3 0 2 w i PARK A PPP�E WEST RESERVE DR Reserver1Ve R-5/P U D .3� GLACIER HIGH SCHOOL SUB VICINITY MAP OWL CORPORATION - CONDITIONAL USE PERMIT SCALE 1" = 100' REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 3 - 2 UNIT TOWNHOUSES IN THE R-3 (RESIDENTIAL) ZONE. THE PROPERTY IS LOCATED NEAR THE INTERSECTION OF WEST RESERVE DRIVE AND TAELOR ROAD IN THE WESTVIEW ESTATES SUBDIVISION. FILE# KCU-15-02 PLOT DATE 3126/16 H:lgislsNeWcul5_02 - Owl Corporation - CUP.dwg PLANNING FOR THE FUTURE Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com / ylannint, APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Three Duplex Townhouse Units in Six Units OWNER(S) OF RECORD: Name: Owl Corporation; Attn: Mark Owens Mailing Address: 500 Palmer Drive City/State/Zip: Kalispell, MT 59901 Phone: 752-5666 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Sands Surveying, Inc; Eric Mulcahy Mailing Address: 2 Village Loop City/State/Zip: Kalispell, MT 59901 Phone: 755-6481 Name: Sitescapes; Bruce Lutz Mailing Address: P.O. Box 1417 City/State/Zip: Columbia Falls MT 59912 Phone: 892-3492 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: None given et No. 25 ship 29 No._22 Subdivision Tract Lot Block Name: No(s). 5+ No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: R-3 (Kalispell - Residential) 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. _See Attached Plan_ b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 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. 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. 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. A;L/ - Applicant Signature 3-9Y-Is- Date 2 The applicant is proposing the townhouse units in this location to buffer the higher density development that may occur to the west. The townhouses also transition the development from the busy West Reserve entrance on the south into the more secluded single family development to the north. i. Location of proposed open space uses. With the development of West View, the applicant worked with the City of Kalispell to develop a City park within the subdivision and is approximately one block from the proposed townhomes The proposed townhouse product will have yards similar to the other homes in the neighborhood. j . Hours and manner of operation. Hours and operation will be typical of neighboring residential development k. Noise, light, dust, odors, fumes and vibration. Other than during construction the proiect will not create objectionable noise, light, dust odors fumes, or vibration. 5 Attachment for Item 3. a. Traffic flow and control. Access to the six units will be Taelor Road a city street constructed by the Owl Corp as art of the West View Subdivision. The townhouse lots will front on Taelor similar to the rest of the homes in West View, but the garage access will be by a private alley way so that the homes are rear loaded The reason for the alley access is to preserve the architectural integrity of the neighborhood and enhance the entrance to the existing and future phases of the development Taelor Road is built to City standards and provides suitable access. b. Access to and circulation within the property. Resident Access will be by a private driveway looping off of Taelor Road to the rear of the proposed lots and ending in a small cul-de-sac Emergency access to the units would be from Taelor Road the City street same as the rest of the homes in the West View Estates development. C. Off-street parking and loading. Each townhome unit will have a two car garage and driveway off the alley to provide parking for the units We are also proposing a unique boulevard treatment along Taelor Road to provide on -street parking for guests without reducing the driving isles along the public street This treatment would remove the standard boulevard and place it behind the sidewalk. d. Refuse and service areas. Refuse will be handled the same as the rest of the lots in West View. A contract hauler will pick up refuse either curbside or on the alley if acceptable to the refuse contractor. e. Utilities. All utilities wet and dry, are located in Taelor Road The townhouse design will require three additional service connections which should be easily accomplished. f. Screening and buffering. The street side of the of the townhouse units will be landscaped similarly to that shown in the attached plan The applicant is also in the process of developing a landscape berm and buffer that separates the single family product from the townhomes and the RA-2 multi family zoned properties The design of the proposed townhomes are such that from Taelor Road they will appear as single family structures furthering the integration and compatibility with the neighboring development. g. Signs, yards and other open spaces. There will be no new signage associated with the townhouse product. The existing West View entrance sign will remain The townhouse units will comply with the R-3 setbacks creating front side and rear yards similar to the existing residences. The exception will be the zero lot line between the townhouse units. h. Height, bulk and location of structures. The proposed townhornes are designed to provide a single family street appearance void of large street facing garages that are typical of townhouse design. For each two unit structure one unit will have its door facing Taelor Road while the second unit's door will face the south This entrance feature enhances the single family flavor of the structures. Each unit will be approximately 2,080 square feet of living space for a total of 4,160 square feet per two -unit structure which is on par with the neighboring single family homes. 0 1lit WI�Y��m ...;:!Pie,• �i�t .,. (�I 'Jh'siE 1 :If J CERTIFICATION APPLICANT: Owl Corporation Conditional Use Permit FILE NO: KCU-15-02 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. ?'� 44-&) Date: Y /��J/ S-T-R: 25-29-22 Tract/Lot: Tract 5 Property Owners/Owner Representative: Owl Corporation Attn: Mark Owens 500 Palmer Drive Kalispell, MT 59901 Sands Surveying Attn: Eric Mulcahy 2 Village Loop Kalispell, MT 59901 AND ATTACHED LIST Owl Corporation Sands Surveying Sitescapes Attn: Mark Owens Attn: Eric Mulcahy Attn: Bruce Lutz 500 Palmer Drive 2 Village Loop P.O. Box 1417 Kalispell, MT 59901 Kalispell, MT 59901 Columbia Falls, MT 59912 Steven & Kimberly Trimble Lisle & Jan Pottorff Frederick & Barbara Kimbell 130 Essex Place 125 Essex Place 985 Stillwater Road Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Linda & Anthony Devoe Donna Rada Bennett & Lynn Dykstra 184 West Bowman Drive 192 West Bowman Drive 200 West Bowman Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Ryan & Lacey Purdy Mark & Jane Super Greggory & Joanna Hultquist 218 West Bowman Drive 224 West Bowman Drive 230 West Bowman Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Mark & Jennifer Kessler Kristie Turner, LLC John & Kara Baisden, Jr. 238 West Bowman Drive 332 East Bowman Drive 85 Wild Sheep Drive Kalispell, MT 59901 Kalispell, MT 59901 Troy, MT 59935 Scott & Colette Jones Gina Sulzbacher David & Alicia Koel 262 West Bowman Drive 266 West Bowman Drive 274 West Bowman Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Gary Alexander Barbara Carr Lynn Rued 282 West Bowman Drive 302 West Bowman Drive 326 West Bowman Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Billie Joan Arnce Jeffrey & Kristen Kernan James Florman Barbara. Fitzwater 370 West Bowman Drive 364 West Bowman Drive 344 West Bowman Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Aspen Stillwater Properties, LLC West View Estates HOA Jeffrey Claridge 6730 North Scottsdale Road, Ste 290 500 Palmer Drive 131 Taelor Road Scottsdale, AZ 85253 Kalispell, MT 59901 Kalispell, MT 59901 Brian & Tifeny Solan David & Gayle Mostek Victor & Victoria Duffy 855 Wolf Road 179 Taelor Road P.O. Box 581 Helena, MT 59602 Kalispell, MT 59901 Kalispell, MT 59903 Dennis McDaniel Jeremy & Valerie Ashby George Heyer 199 Taelor Road 190 Taelor Road 186 Taelor Road Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Jeffrey & Katherine Meredith 100 Ali Loop Kalispell, MT 59901 Thomas & Shannon Trinh 140 Ali Loop Kalispell, MT 59901 Vernon & Thelma Johnson 109 Palmer Drive Kalispell, MT 59901 City of Kalispell Attn: City Clerk P.O. Box 1997 Kalispell, MT 59903 Roderick & Sherie Leese 127 Taelor Road Kalispell, MT 59901 J & F Construction General Cont. 690 North Meridian Road, #103 Kalispell, MT 59901 Patti Waller Trust Agreement 164 Ali Loop Kalispell, MT 59901 Trevor & Jennifer Dahlman 116 Ali Loop Kalispell, MT 59901 State of Montana LHC, Inc. Dept. of Natural Resources & Consv P.O. Box 7338 655 Timberwolf Parkway, Ste 1 Kalispell, MT 59904 Kalispell, MT 59901 School District 5 233 1" Avenue East Kalispell, MT 59901 Planning Department 201 1"' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispefl.com/plannins 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 comments 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 planning kalispell.com. NOTICE OF PUBLIC HEARING REGULAR MEETING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION May 12, 2015 A regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, May 12, 2015, beginning at 7:00 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 item. The Board will make recommendations to the Kalispell City Council who will take final action. 1. File # KCU-15-02 - A request from Owl Corporation, for a conditional use permit to construct three duplex townhouse units (six units) in the R-3 (Residential) Zoning District. Townhouses are permitted within the R-3 Zone, provided a conditional use permit is obtained per Section 27.06.030 of the Kalispell Zoning Ordinance. Owl Corporation is requesting to utilize all municipal public services including water, sewer, police and fire services. The townhouse units will be constructed on three lots that were approved as Phase 6 of the Westview Estates Preliminary Plat Subdivision. Final Plat approval for the three lots will be required prior to construction. The subject property is located within West View Estates along the 100 block of Taelor Road, north of Old Reserve Road. The property can be described as the Southwest Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana. Documents pertaining to the agenda item 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 item 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 make their views and concerns known to the Board. No. 22654 NOTICE OF PUBLIC NEARING KALISP..ELL ,CITY , PLANNING BOARD AND ZONING COMMISSION May 12, 2015 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for 'iuesday'May, 1'2; 2015, beginning at 7:60 PM irr the Kalispell City Council Chambers, Kalis )ei 'City Hail . 201 First Avenue ast, ➢<alispell The planning board will hold a. public hearing and take public comments .on the agenda itom listed below: 1.FIle # KCU-15-02 A r'ectuesi" from Owl Corporation, for A conditional use permit tQi.: construct three duplex townhouse units,„(six,units) in'thel R•3 (Residential)Zoning District. Townhouses are permitted within ;the ,R-3 ;Zone; provided a conditional use permit is obtained per Section 27,06.030 of 'the - Kalispell Zoning Ordinance. Owl Corporation is requesting to utilize ,alb municipal public services including -water, sewer, police and fire services. The .townhouse units will be constructed on three lots that were approved .as 'Phase 6 of the. Westv➢ew Estates Preliminary Plat Subdivision. Final Plat approval for the three lots will be required prior to construction. The subject property is located within West View Estates along the 1.00 block of Taelor Fiore.➢, north of Old Reserve Road. The property can be described as the SoutInvest Quarter of the Southwest Quarter of Section 25, Township 29 'North, Range 22 West, P.M.,M., Flathead County, Montana. Documents pertaining to the agenda itern are on file for public :inspection at the Kalispell Planning Department, 201 First Avenue fast, Kalispell, MT 59901, .and are available for public review during regular office hours. In addition, information 'on the agenda :Item is posted ;:on our website of www:kal➢spellicom/planning ' under "Planning Board Agenda & Staff Reports". Interested persons are encouraged :to ' attend the hearings and present their views and concerns to .the Board, Written comments may be submitted to the Kalispell Planning Department at the above address, prior to'the date'. of the hearing or work session, or. you may ,call us at (406) 758-7940, or e-mail us at plarulirig@kalispell.com . for additional Information. /sl Jarod Nygren for Thomas R. Jentz Planning & Building Director Apr. 26, 20,1 5 MNAXL_P STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION TERESA CARGILL BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 22654 LEGAL ADVERTISEMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND 1N EACH AND EVERY COPY THEREOF ON THE DATES OF April 26, 2015 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this April 27, 2015 ��4_ _ 421 Dorothy I. Gl cross a --- - _1�-A--- - Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/2017 �Nv i. G+4L DOROTHY I. GLENCROSS r° 1ANOTARY PUBLIC for the o° a° �� Q State of Montana * SEAL * Residing at Kalispell, Montana (P My Commission Expires �fe of p6o�a September 11, 2017 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING MAY 12, 2015 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Chad Graham, Charles Pesola, Rory Young, Matt Regier, Steve Lorch, Karlene Osorio-Khor and Doug Kauffman. Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Kauffinan moved and Pesola seconded a motion to approve the minutes of the April 14, 2015 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. ELECTION OF OFFICERS President Graham noted the agenda needed to be amended by deleting the election of officers and rescheduling that item on the agenda for the lst meeting in July, as required in the board's bylaws. PUBLIC COMMENT No one wished to speak. OWL CORPORATION — A request from Owl Corporation for a conditional use permit to CONDITIONAL USE PERMIT construct three duplex townhouse units (six units) in the R-3 (Residential) zoning district. Townhouses are permitted within the R-3 zone, provided a conditional use permit is obtained. The subject property is located on Taelor Road within West View Estates, north of Old Reserve Road. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department, reviewed staff report KCU-15-02 for the board. Nygren noted the applicant is requesting utilization of all municipal public services including water, sewer, police and fire. The property is 1.18 acres which will be subdivided into six sublots ranging in size from 6,185 to 11,095 square feet. The townhouse units are proposed on the three lots that were approved as phase 6 of the West View preliminary plat and final plat of these lots will be required prior to construction of the townhomes. Nygren reviewed the zoning of the subject property, which is R-3, and the surrounding zoning and land uses. The Kalispell Growth Policy map designates the property as high density residential and townhouses are an encouraged form of Kalispell City Planning Board Minutes of the meeting of May 12, 2015 Page I I development within the designated land use. Nygren reviewed the site plan and noted the townhouses will front Taelor Road and there is a private alleyway on the west end of the property that the units will use for access. The driveway and garages will access onto the alleyway, and the unimproved public street to the south will have to be improved so that vehicular access can be achieved. The units are designed to provide a single-family street appearance void of large street -facing garages that are typical of townhouse design. Nygren provided photographs of the proposed design. Staff recommends that the planning board adopt staff report KCU- 15-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 10 conditions listed in the staff report. BOARD DISCUSSION Lorch stated he had reviewed the Subdivision Regulations and questioned why the alleyway will not extend through the subdivision. Nygren stated the city would require the extension if this was a public dedicated alleyway, however in this development the alley will be private, without any public services provided, so the requirement did not apply. Graham noted the zoning on the vicinity map is different than the staff report and Nygren clarified that the current zoning on the western portion, not including these lots, is RA-2, not RA-1, as noted on the vicinity map. PUBLIC HEARING Eric Mulcahy, Sands Surveying, 2 Village Loop in Kalispell stated he is representing Mark Owens and Owl Corporation on this project. Mulcahy noted about a 1-%2 years ago Owl Corporation came before the planning board with a zoning request, for these three lots plus the multi -family zoning to the west, to change the zoning to RA-2. At that time the proposal was for office/professional type uses on these three lots, however through the public hearing process along with some neighborhood meetings the zone change to RA-2 was approved on the western portion but council decided the three lots along Taelor Road should remain residential R-3. Mulcahy continued they went back to the drawing board to look at this property, which is essentially the entrance to their West View development, and determined it should remain residential. So then they tried to come up with a product that would stand the test of time, be resilient to the high volume of the traffic that will be flowing through this entrance area, and that would respect the Kalispell City Planning Board Minutes of the meeting of May 12, 2015 Page 12 single-family development already being developed in other areas of West View Estates. Mulcahy said the proposed townhome design is already used in Whitefish, on River Lakes Parkway, which also is a residential collector that receives a high level of traffic. He added these townhomes can be built and sold at a lower price point but they have a high level of finish and a single-family appearance. This design also eliminates the "snout house" design that is typical with townhomes, when the garages are located in the front of the house. No one else wished to speak and the public hearing was closed. MOTION Lorch moved and Kauffman seconded a motion to adopt staff report KCU-15-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 10 conditions listed in the staff report. BOARD DISCUSSION Graham said he likes the design of the townhomes with the garages to the rear, especially since this is the entrance into the subdivision. Pesola agreed and added he is familiar with the subdivision in Whitefish and if they do hold true to form to that subdivision it will be a great application for this location, and will serve as a bridge between the single-family uses. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: Karlene Osorio-Khor noted at the last work session the board's bylaws were discussed and, as requested by the board, she met with the city attorney to review the current bylaws and bylaws from other cities which were distributed to the board prior to the work session. She is making some of the changes to the bylaws that were suggested by the board then sending them to the city attorney for review. Once reviewed by the city attorney the document will be presented to the board for consideration. The date of the work session will be determined when the city attorney has completed his review. Osorio-Khor mentioned one concern in particular was the Roberts Rules of Order, which the council, boards and committee's within the city are required to use to the best of their abilities. Osorio-Khor added the board also discussed the State regulations and she said the city attorney agrees they do often change. One of the ways the board can address this is by using the phrase "they are operating under current Montana Law." Kalispell City Planning Board Minutes of the meeting of May 12, 2015 Page13 Nygren noted the second reading of the Spring Prairie Development Four was passed by the city council so that review is now complete. NEW BUSINESS: Nygren added a final plat for Subdivision #288 has been submitted for review. This property is located in the south end of Kalispell adjacent to the new Burger King. He added the review only requires council approval and will not come before the planning board. June 9, 2015 — Agenda Subdivision #290 — preliminary plat for Gateway West Mall which creates a new lot northwest of the mall; Zone change and growth policy amendment for a hospital parking expansion. The planning board meetings for June, July and August will begin at 6:00 p.m. ADJOURNMENT The meeting adjourned at approximately 7:20 p.m. WORK SESSION: A work session was held immediately following the regular meeting on the following: 1. Casinos in Kalispell NEXT MEETING The next regular planning board meeting is scheduled for June 9, 2015 beginning at 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1"Avenue East, Kalispell. Chad Graham President APPROVED as submitted/corrected: / 115 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 12, 2015 Page14 r j aea-wir low '_"'(.-. Yy....—^-•----->-•-9• ! I a a! 11095.60 SF --I— — — SWmge r r,a. 1 aoaola I i a—s. auraye ! t GarageResidence 1 t/ / t J OmensY ` 3A / 9578-1$ {...... ..,-•7',A-:.—.. ''—` .J _„_„ .. ..L.._. _.._. 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Q Hunirluncn 2 1' 1 {{ � � I I i r ( ; n n . ��t+.�raoa ' � - Hnardnncr• 1 J � i:.. 1A I i II _Lar-r-t�:, - - •._.._.._.......... ._.._. -•--- rl '� �' Schematic landscape Aan Site Deveco yment PCan ' p � Scale: 1 30 -o Assouates Proposed CondttionaC Use °jr 5oft 10 of t ' Date: March 20, 2015 t1l A I r /0) iew T'ownhomes at West 1 ierw Estates XatispeCC, Montana -TotaCArea = 1.18 Acres -Current Zoning, R 3 XaCisped -3 Two .,(nit Towwnhomes, 6 Units TotaC -2 Covered & 2 Exterior Parking per Unit -Minimum Su6Cot = 6,185.29 sf -Maximum Subhot = 11,o95.6o sf -Private .ACCey (20' w/ 16'yaved) -.Area in At -ley Easement = 11,119.64 sf 1 sic inity AeriaC Pho to or L . Imrsr�. ta.'c:uan i% .cower ..LeveCPlan Birds -Eye %ierw : John Brzrtr j Rn Perspective 'View Illustration; jo/in Bertram. Zipper leIiW PCan