E3. CUP - WilsonPLANNING FOR THE FuruRE
MONTANA
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispefl.com/planninsi
SUBJECT: KCU-15-07 — Conditional Use Permit (CUP) for addition to second single-
family residence
MEETING DATE: February 1, 2016
BACKGROUND: A request from Rebecca Wilson for a conditional use permit to add 432 square
feet to the north end of an existing second single-family residence, located within the RA-1
(Residential Apartment) Zoning District. The addition includes additional living space and bathroom.
Two primary uses (two single-family residences in this case) are permitted within the RA Zone
provided a conditional use permit is obtained per Section 27.20.080 of the Kalispell Zoning
Ordinance.
The property is located at 233 3rd Avenue East. The property can be described as Lot 8 of Block 59 of
Kalispell Original Townsite, located in Section 8, Township 28N, Range 21 W, P.M.M., Flathead.
County, Montana.
The Kalispell Planning Board held a duly noticed public hearing January 12, 2016, to consider the
application request. Staff presented staff report KCU-15-07 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 three (3) conditions.
There was no public comment regarding the application. There being no public testimony, the public
hearing was closed and a motion was presented to adopt staff report KCU-15-07 as findings of fact,
and recommend to the Kalispell City Council that the CUP be approved, subject to 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-15-07, with the three (3) conditions of approval.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Minutes of the January 12, 2016, Kalispell Planning Board
Application Materials
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Rebecca Wilson
233 P Avenue East
Kalispell, MT 59901
(406) 363-6427
LEGAL DESCRIPTION: Lot 8 of Block 59 of Kalispell Original Townsite, located in
Section 8, Township 28N, Range 21W, P.M.M., Flathead County,
Montana.
ZONE: RA-1 (Residential Apartment) Zoning District
The applicant has applied to the City of Kalispell for a conditional use permit to add 432
square feet to the north end of an existing second single-family residence at 233 3`d Avenue East,
Kalispell, Montana in the RA-1 (Residential Apartment) Zoning District.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
January 12, 2016, held a public hearing on the application, took public comment and recommended
the application be approved subject to three conditions.
After reviewing the application, the record, the KPD 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-15-07, as amended by the
Kalispell City Planning Board and Zoning Commission, as the Council's findings of fact, and issues
and grants to the above -described real property a conditional use permit to add 432 square feet to the
north end of an existing second single-family residence at 233 3rd Avenue East, Kalispell, Montana
in the RA-1 (Residential Apartment) Zoning District 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. The building permit application site plan and elevation drawings shall substantially comply
with the approved conditional use permit application site plan and elevations drawings.
Single ownership of both residences shall be maintained.
Dated this 1 st day of February, 2016.
STATE OF MONTANA
: ss
County of Flathead
Mark Johnson
Mayor
On this day of , 2016, 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
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-15-07
December 28, 2015
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a
conditional use permit for a 432 square foot addition to an existing second single-family residence within the
RA-1 (Residential Apartment) Zoning District. A public hearing on this matter has been scheduled before the
Planning Board for January 12, 2016, 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: Rebecca Wilson
233 3rd Avenue East
Kalispell, MT 59901
(406) 363-2535
Size and Location: The subject property is located at 233 3Td Avenue East. The second residence is located
along the rear alley of the subject property and has the address 233 '/z 3`d Avenue East. The property can be
described as Lot 8 of Block 59 of Kalispell Original Townsite, located in Section 8, Township 28N, Range
21 W, P.M.M., Flathead County, Montana.
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Figure 1: Vicinity Map and Zoning
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Summary of Request: The applicant is requesting a conditional use permit for a 432 square foot addition to
their second residence located at 233 %z 3r Avenue East. The addition includes additional living space and
bathroom, which meet all the applicable setback requirements. The subject property has two existing single-
family residences located on it, 233 and 233 '/2 3rd Avenue East. Records indicate the primary single-family
residence being constructed in 1930 and the second single-family residence being constructed in 1943. Two
primary uses (two single-family residences in this case) are permitted within the RA-1 Zoning District
provided a conditional use permit is obtained per Section 27.20.080 of the Kalispell Zoning Ordinance. At
the time the second residence was constructed in 1943 a conditional use permit was not required; however,
due to the expansion of the use a conditional use permit is required at this time.
Existing Land Use and Zoning: The property is currently developed with two single-family residences
located at 233 and 233 % 3Td Avenue East.
Figure 2: View of property from the south. Figure 3: View of property from the north.
The property is located within the RA- 1 (Residential Apartment) Zoning District. The Kalispell Zoning
Ordinance describes the intent of this district:
"A residential district intended to provide for urban areas for multi -family use and compatible
non-residential uses of medium land use intensity. It should be served with all public utilities and
be in close proximity to municipal services, parks, or shopping districts. The zoning district would
typically be found in areas designated as urban residential or high density 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), Office Buildings
North: RA-1, Single-family residence, multi -family residence and church
2
East: RA-1, Single-family and multi -family residences
South: RA-1, Single-family residence, multi -family residence and office building
Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the project site as Urban
Mixed Use, which provides the basis for the RA-1 zoning designation. The growth policy anticipates a
variety of uses under the Urban Mixed Use designation including, but not limited to, "multi -family, offices
and other compatible uses as a transition tool with sensitivity to compatible design."
Utilities/Services: Sewer service:
City of Kalispell
Water service:
City of Kalispell
Solid Waste:
City of Kalispell
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #5, 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 property is level and measures 50 feet across and 142 feet
deep, for a total area of 7,100 square feet. The property has adequate space for the addition
that can meet the applicable zoning standards for building setbacks, building height, and lot
coverage.
b. Height, bulk and location of the building: The 432 square foot addition meets all the
applicable zoning standards for building setbacks, building height and lot coverage.
C. Adequate Access: The residence fronts the paved alley located between 3`d and 4t" Avenue
East. The paved alley connects with 2nd Street East and 3`d Street East. There are paved
sidewalks along P Avenue and 3`d Street near the residence.
d. Environmental Constraints: There are no environmental constraints, such as steep slopes,
streams, floodplains, or wetlands on the property, which could affect the proposed addition.
2. Appropriate Design:
a. Parking Scheme/Loading Areas: The addition to the residence is sited in a way that maintains
a 20' deep by 18' wide paved area for off-street parking. 20' by 18' is large enough for two
off-street parking spaces.
3
b. Lighting_: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor
lighting on commercial or residential structures.
C. Traffic Circulation: The residence gains access from an improved alleyway located between
3`d and 4"' Avenues East. The alleyway connects to both 2nd and 3`d Streets East. These
improved city streets are part of a transportation network that provides adequate traffic
circulation in the area.
d. Open Space: There are open space areas provided within the required setbacks of the zone.
No additional open space is required for this use.
e. Fencing/Screening/Landscaping: The property has mature landscaping on all sides of the
residence and will remain in place.
f. Si na e: No signage is proposed.
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 addition.
b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No
unusual impacts or needs are anticipated from the proposed addition.
C. Water: City water currently serves the property. No impact on water services is anticipated
as a result of this use.
d. Sewer: Sewer service is currently provided by the city. No impact on sewer services is
anticipated as a result of this use.
e. Storm Water Drainage: The site has existing residences. No change in storm water drainage
is anticipated related to the proposed use.
f. Solid Waste: Solid waste pick-up will be provided by the City. Existing refuse will not
change with the new use.
e. Streets: The residence gains access from an improved alleyway located between 3`d and 4th
Avenues East. The alleyway connects to both 2nd and 3`d Streets East. These improved city
streets are part of a transportation network that provides adequate traffic circulation in the
area.
f. Sidewalks: There are paved sidewalks along 3`d Avenue and 3`d Street nearest to the
residence. These improved sidewalks are part of a transportation network that provides
adequate pedestrian circulation in the area.
g. Schools: This site is within the boundaries of School District #5. There are not any
anticipated impacts from the proposed addition.
4
h. Parks and Recreation: There will be no significant increase in demand on the parks and
recreation programs and facilities as a result of this use.
4. Neighborhood impacts:
a. Traffic: Traffic will not be impacted by the proposed residential addition. The residence is
existing and there is no change of use proposed that would increase the number of vehicle
trips being generated.
b. Noise and Vibration: Other than during construction, the addition will not create any noise
and vibration beyond what would normally be associated with a single-family home.
C. Light, Dust, Glare, and Heat: Other than during construction, the addition will not create any
objectionable light, dust, glare, and heat beyond what would normally be associated with a
single-family home.
d. Smoke, Fumes, Gas, or Odors: Other than during construction the, addition will not create
any objectionable smoke, fumes, gas, or odors beyond what would normally be associated
with a single-family home.
e. Hours of Operation: Since the use is a single-family residence there are no hours of
operation.
5. Consideration of historical use patterns and recent changes: This area has historically included
a church, single-family and multi -family residences with some commercial business to the west
and south. The recent history has seen the conversion of some owner -occupied single-family
homes into rental homes, as well as the conversion of single-family homes into multi -family
dwellings. The small residential addition to an existing residence will not alter the use of the
property. The addition will meet all the required development standards assuring that the use does
not impact any neighboring properties.
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.
C. RECOMMENDATION
The staff recommends that the Kalispell Planning Board adopt staff report #KCU-15-07 as findings of fact
and recommend to the Kalispell City Council that the conditional use permit be approved subject to the
following conditions:
D. CONDITIONS OF APPROVAL
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.
2. The building permit application site plan and elevation drawings shall substantially comply with the
approved conditional use permit application site plan and elevations drawings.
Single ownership of both residences shall be maintained.
PLANNING FOR THE FUTURE,
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:
OWNERS OF RECORD: t
Name: � ti `Sc�'j
Mailing Address
City/ State/Zip: '\\i--y Phone:
S 1•� C��
PERSON(S) AUTHORIZED TO REPRESENT THE
CORRESPONDENCE IS TO BE SENT:
Name:
Mailing Address:
City/ State/Zip:
A
OWNER(S) AND TO WHOM ALL
Phone: D6 -
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range
Address: 233 3rcl Noe, Q No. ship No. -�
IWRIVO 0165J,0
Subdivision Of
y
Name: L.
Tract Lot r Block
No(s). No(s). No. 59
1. Zoning District and Zoning Classification in which use is proposed:
P' A - i
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
C. 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.
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VICINITY MAP
REBECCA WILSON CONDITIONAL USE PERMIT
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REQUEST FOR A CONDITIONAL USE PERMIT TO ADD AN ADDITION ONTO AN ALLEY HOUSE.
THE PROPERTY IS LOCATED AT 233 1/2 3RD AVENUE EAST AND IS ZONED RA-1
(RESIDENTIAL APARTMENT)
S
FILE# KCU-15-07
PLOT DATE 10/22/15
HAgis\site\kcu15_07 - Wilson CUP.dwg
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
JANUARY 12, 2016
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, Matt
Regier, Steve Lorch, Karlene Osorio-Khor and Doug Kauffman.
Rory Young was absent. Tom Jentz, Jarod Nygren and PJ
Sorensen represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Osorio-Khor moved and Lorch seconded a motion to approve the
minutes of the December 8, 2015 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
WILSON CONDITIONAL USE
A request from Rebecca Wilson, for a conditional use permit to
PERMIT
add 432 square feet to the north end of the existing second single-
family residence, located at 233 1/2 3`d Avenue East, within the
RA-1 (Residential Apartment) Zoning District.
STAFF REPORT — KCU-15-07
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff Report KCU-15-07 for the board.
Nygren noted the primary residence was constructed in 1930 and
the 2"d residence was constructed in 1943. Two primary uses are
permitted within the RA-1 zone provided a conditional use permit
(CUP) is obtained. At the time the 2"d residence was constructed a
CUP was not required however, due to the expansion of the
residence a CUP is now required.
Nygren continued the existence of the two homes on one lot is a
legal non -conforming use since the 2"d residence was constructed
prior to when the zoning ordinance was put in place.
Nygren reviewed the site plan and aerial photograph and he noted
the requirement for a 20 foot rear setback is in order to maintain a
parking space for the 2"d residence. He also reviewed the
surrounding zoning and land uses. The Kalispell Growth Policy
Map designates this property as Urban Mixed Use.
No public comments have been received.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-15-07 as findings of
fact and recommend to the Kalispell City Council that conditional
use permit be approved subject to the 3 conditions listed in the
Kalispell City Planning Board
Minutes of the meeting of January 12,.2016
Page I 1
staff report.
BOARD DISCUSSION
None.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Kauffman moved and Pesola seconded a motion to adopt staff
report KCU-15-07 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the 3 conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously, on a roll call vote.
THE ASSIST CENTER
A request from Marise Johnson, for a conditional use permit for a
CONDITIONAL USE PERMIT
24-hour healthcare facility within the H-1 (Healthcare) Zoning
District, located at 1280 Burns Way. The facility will operate as an
"Assist" facility, providing care for patients that do not need to be
in the hospital but are not ready to go home.
STAFF REPORT KCU-15-06
Jarod Nygren, representing the Kalispell Planning Department
reviewed staff report KCU-15-06 for the board.
Nygren said no medical care or health care services will be
provided at The Assist Center as it focuses on non -medical needs
and connecting the patient with needed resources available in the
county. Nygren provided an example for the board where a
resident lives in Libby and needs daily follow-up visits with their
doctor and so would stay in this facility for a week or so.
Nygren continued 24 care facilities are permitted within the H-1
zone provided a conditional use permit is obtained. The main
floor of the building will be maintained as office space and the
lower floor will be converted to accommodate ten new rooms for
patients and no exterior renovations are proposed.
Nygren reviewed a site plan of the project and noted a new
sidewalk has been added along the property boundary on the east
side and there is also a pathway that connects this building to a
parking lot to the south. He also reviewed the surrounding zoning
and land uses and noted the Growth Policy supports this use.
One letter (copy attached to these minutes) was received from the
public that primarily addresses concerns with ADA access,
pedestrian access and parking. Nygren said ADA issues will be
addressed by the Kalispell Building Department through the
building permit plan review process; pedestrian access now
includes the sidewalks mentioned above and the pathway to the
parking lot. The city would not be able to require this developer to
Kalispell City Planning Board
Minutes of the meeting of January 12, 2016
Page 12
extend sidewalk to Claremont Street, just along the property itself,
which they have already done. This use requires less parking than
the former office use at 2 parking spots required compared to 12-
13 spaces for the office use.
Nygren noted a typo in the staff report on page 4, under traffic, it
states the "senior living facility" and it should state "the Assist
facility".
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-15-06 as findings of
fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the 4 conditions as
amended.
BOARD DISCUSSION
Osorio-Khor noted Margaret Davis, the homeowner who wrote the
letter, has written to the planning board before and she is very
efficient and accurate and it is always good to get her input.
Osorio-Khor added the majority of her concerns will be dealt with
through the permitting process and not dealt with at the planning
board level and Nygren said that is correct and explained further.
Osorio-Khor continued Marise Johnson is and outstanding woman
and was one of only two female physicians in this town at one
time and her family has always been dedicated to medicine and
health care for this community.
She added this use is so needed especially since the hospital is a
regional hospital where people are coming from all areas.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Lorch moved and Kauffman seconded a motion to adopt staff
report KCU-15-06 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the 4 conditions listed in the staff report.
BOARD DISCUSSION
Lorch said he read Ms. Davis' letter and added the purpose of
conditional use permits in situations like this is to mitigate impacts
that are off -site of the existing project. What they are proposing to
do here is all contained within the building and the parking
situation will be less of an impact, and any other impacts off -site
would be addressed through the conditions. He is comfortable
with the staff's report and review.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
Tom reviewed the status of the city council's review of the update
to the Growth Policy.
Kalispell City Planning Board
Minutes of the meeting of January 12, 2016
Page 13
NEW BUSINESS:
None.
ADJOURNMENT
The meeting adjourned at approximately 7:30 p.m.
WORK SESSION:
Following the regular meeting a work session was held on the
following:
New B-3 Zoning District for the Core Area — In an effort to begin
the implementation of the Core Area Plan, staff has created a B-3
Zoning District. This zone is based primarily on the Core Area
Plan and is intended to further the goals and policies in the plan.
The B-3 Zone is a mixture of the B-2 and B-4 Zones and includes
uses and standards that are intended to implement the plans vision.
In summary, the B-3 Zone includes the following components:
• Allows multi -family.
• Allows retail and office.
• Limits industrial uses.
• No setback requirements.
• Increased permitted height.
NEXT MEETING
The next regular planning board meeting is scheduled for February
9, 2016 beginning at 7:00 p.m. and located in the Kalispell City
Council Chambers, 201 1" Avenue East, Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / /16
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of January 12, 2016
Page 14