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Staff Report/Cahoon Townhouses CUPPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager" K? FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KCU-16-03 — Conditional Use Permit (CUP) for four (4) townhomes MEETING DATE: July 5, 2016 BACKGROUND: This is a request from Angela Cahoon for a conditional use permit to construct four (4) townhomes within the R-4 (Residential) Zoning District, per Section 27.07.030 of the Kalispell Zoning Ordinance. The R-4 Zoning District allows single-family, duplex and townhouse development, limited to two (2) attached units as a permitted use. Three (3) or more attached townhouses require a conditional use permit to analyze the compatibility with the surrounding neighborhood. Currently the property is developed with a single-family residence. Developing the property would include the demolition of the existing residence and detached garage. The property owner will need to connect to city sewer and water, which are in the vicinity of the property. Individual service line extensions are required in order to serve the townhomes. The subject property is located at 1221 6th Street West. The property can be legally described as Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing June 14, 2016, to consider the application request. Staff presented staff report KCU-16-03 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 six (6) conditions. During the public comment portion of the hearing, the applicant spoke regarding the CUP request. Additionally, three members of the general public spoke regarding the CUP request. The public had concerns that four (4) units were too many for the subject property. They felt that four units would create a parking and traffic issue along 6th Street West. Separately, one member brought to the Board's attention that there was a pending lawsuit between himself and the applicant. He felt the Board should not be taking any action at this time, as the lawsuit had not been resolved. There being no other public testimony the public hearing was closed. A motion was presented to adopt staff report KCU-16-03 as findings of fact, and recommend to the Kalispell City Council that the CUP be approved, subject to conditions. The Board discussed the pending lawsuit, at which time staff informed them that there was not an injunction and they could proceed on the merits of the application request. Board discussion concluded that moving forward on the merits was appropriate, with the understanding that the city attorney would review the pending lawsuit, prior to sending the application to the City Council. The Board also discussed parking, at which time a motion was presented to add a condition that would require a minimum of three parking spaces (total of 12) for each unit. Board discussion concluded that the addition of a condition for more parking was not appropriate, and upon roll call vote the motion failed by a vote of 1 in favor and 4 opposed. Further discussion concluded that the CUP was appropriate, and the original motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the City Council approve Conditional Use Permit KCU-16-03, with the six (6) conditions of approval. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Grant of Conditional Use CUP Staff Report KCU-16-03 Minutes of the June 14, 2016, Kalispell Planning Board with written public comment attached Application Materials Cossitt Correspondence regarding application c: Aimee Brunckhorst, Kalispell City Clerk REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-16-03 May 19, 2016 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 four townhouse units at 1221 6th Street West. A public hearing on this matter has been scheduled before the Planning Board for June 14, 2016, beginning at 6:00 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: Angela Cahoon 1272 Wildcat Drive Columbia Falls, MT 59912 (406) 212-0726 Location: The subject property is located at 1221 6th Street West. The property can be legally described as Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. Size: The subject property is approximately 19,700 square feet or .45 acres in size. Summary of Request: A request for a conditional use permit to construct four (4) townhomes within the R-4 (Residential) Zoning District per Section 27.07.030 of the Kalispell Zoning Ordinance. The R-4 Zoning District allows single-family, duplex and townhouse development limited to two (2) attached units as a permitted use. Three (3) or more attached townhouses require a conditional use permit to analyze the compatibility with the surrounding neighborhood. Currently, the property is developed with a single-family residence and detached garage. Developing the property would include the demolition of the existing residence and garage. The property owner will need to connect to city sewer and water, which are in the vicinity of the property. Individual service line extensions are required in order to serve the townhomes. 1 Figure 1: Site Plan Existing Land Use and Zoning: The property is developed with a single-family residence and detached garage. Figure 2: Existing Residence 2 The property is located within the R-4 (Residential) Zoning District. The Kalispell Zoning Ordinance describes the intent of this district: "This district is comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." Adjacent Zoning: The existing zoning and land uses of the land surrounding the subject property are as follows: West: R-4 North: R-4 East: R-4 South: R-4 Adjacent Land Uses: West: single-family homes (including townhomes) and multi -family North: single-family homes East: single-family homes (including townhomes) South: single-family homes Relation to the Growth Policy: The subject property is within the Urban Residential land use category, which is the basis for the R-4 Zoning. The Growth Policy 2020 states that townhomes are an anticipated form of housing within the Urban Residential land use category where adequate services and facilities are available. City services including, sewer, water and streets are in the vicinity and available to the subject property. 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 3 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 minimum lot area required in the R-4 Zone is 6,000 square feet. The R-4 Zoning allows for 2 attached townhouses as a permitted use. Accordingly, four units as proposed would require a minimum of 12,000 square feet (2 units per 6,000 square feet). The subject property is approximately 19,700 square feet meeting the minimum lot size required for the number of units being proposed. The property also has flat topography leaving the entire site buildable. b. Height, bulk and location of the building: Building height will not exceed the R-4 height restriction of 35' tall from bottom of finished floor to roof ridgeline. The structures will also meet the minimum required setbacks and lot coverage requirements for development within the R-4 Zone. The R-4 Zone requirements give due consideration to the height, bulk and location of the proposed townhomes. C. Adequate Access: The townhomes will be gaining their access via 61h Street West. 6th Street West is an improved City street providing adequate access to the townhomes. There is also an improved City alleyway located north of the property that can be used for access purposes. 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. 2. Appropriate Design: a. Parking Scheme/Loading Areas: Each townhome unit will have two off- street parking spaces as required by Chapter 27.24 of the Kalispell Zoning Ordinance. b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting for residential structures. C. Traffic Circulation: The townhouses will gain their access from 6th Street West, an improved city street. 6th Street West connects to a network of streets in the vicinity, providing adequate traffic circulation. d. Open Space: The proposed townhouses will meet the setbacks and lot coverage requirements of the R-4 Zone, which provides for open spaces around the units. No additional open space is required for the proposed project. 12 e. Fencing/Screening/Landscaping: The landscaping will be grass/sod. There are existing mature trees on the property that may be affected by the new construction. Fencing for the units will have to comply with Section 27.20.040 of the Kalispell Zoning Ordinance. L Signage: There will be no signage associated with the townhomes. 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 for building and access. C. Water: City of Kalispell water infrastructure is within 61h Street West south of the subject property. The developer will be required to pay the cost for additional service line connections for the each of the four units. d. Sewer: City of Kalispell sewer infrastructure is located within the alleyway north of the subject property. The developer will be required to pay the cost for additional service line connections for the each of the four 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 City of Kalispell. g. Streets: The proposed townhomes front 6th Street West, which is an improved public street. 6th Street West connects to a network of city streets that provide adequate circulation to and from the property. h. Sidewalks: No sidewalks exist along 6th Street West in front of the property. Sidewalks will be required to be constructed per the City of Kalispell Construction and Design Standards along 6th Street West the length of the property. i. Schools: This site is within the boundaries of School District #5. A very minor impact to the district may be anticipated from the proposed townhouses depending on the demographics of the residents. On average 5 two students K-12 would be anticipated from four dwelling units. j. 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. No additional parkland is required form the proposed townhomes. 4. Neighborhood impacts: a. Traffic: Four townhomes will not have a significant impact on the traffic generated in the area. It is anticipated that each of the four residential units will produce approximately 9.57 trips ends/day (Per ITE trip generation model). The four units would generate approximately 29 net (already one residence of property) trips per day. The width and quality of 61h Street West is more than adequate to handle the additional traffic load. 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. 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. If a home based occupation were to occur the residents would have to comply with the home based occupation section of the zoning ordinance, outlined in Section 27.20.060. 5. Consideration of historical use patterns and recent changes: The area is a mix of single-family residences including townhouses and multi -family developments on small lots. The subject property is developed as more of a ranch home on a large lot compared to others in the vicinity. Development of the property with the four townhomes would be more in line with the surrounding developments. More intensive townhouse development exists directly to the west and east of the property. The R-4 Zoning of the project site and the Urban Residential land use designation anticipates this kind of townhouse development. 6. Effects on property values: Currently, the existing residence is in disrepair and will be demolished. Replacing the existing structure with four (4) new units will create more value to the property than the existing residence. Accordingly, it is anticipated that property values will increase with the development of the 6 C. townhomes. The staff recommends that the Planning Board adopt staff report #KCU-16-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: CONDITIONS OF APPROVAL 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. Final designs for storm water management, water service, water meter placement, and sanitary sewer service for each townhouse that comply with Kalispell's Standards for Design and Construction shall be submitted for review and approval by the City of Kalispell Public Works Department prior to construction. 3. Each townhouse unit is required to have individual sewer and water service line connections. The sewer and water service lines shall be reviewed and approved by the Kalispell Public Works Department prior to construction. City permits required for driveway and service connections within the public right-of-way shall be obtained prior to construction. 4. Sidewalks, curb and gutter shall be constructed per the City of Kalispell Construction and Design Standards along 6t-h Street West the length of the property. 5. 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. 6. Prior to any work within the public right-of-way, the property/owner will work with the Parks Superintendent to establish tree protection zones and file a permit for any tree removals with the Parks and Recreation Department. II PEANNING FOR THC FUrURF Planning Department 201 19t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispeU.com planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: . ) t*t �A t l-A, t1l -- OWNER(S) OF Name: Mailing City/ St PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Mailing Address:, {; ( j' ) 41 City/State/Zip: -,� o-��. , -h' � S 0614 1j- .__Phone: 4(f L.2.� ) - f7 � .� LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street h Sec. Town- Range Address: l � � l � ,�_ P� Gt 14)0 No.' ship No. Subdivision Name: 1 2 Tract Lot Block No(s). r (J�No(s). No. Zoning District and Zoning Classification in which use is proposed: 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 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. 1 2. A)Surrounding land uses are a mixture of residential and multi -family B) .45 ac Square Shape Q Topography is flat D) On the south -side of the lot there is a 2 car garage. To the north is the house 1128 sq ft. All buildings/structures are already or will be torn down immediately. E) See sketch F) 4 Townhouses G) Townhouses H) Landscaping will be grass/sod 3. A) Traffic flow will be vehicles in a residential area B) Access will be from 6#e Street West, Kalispell Q Driveways will be provided to each townhouse. There is also alley access. D) All refuse and services are provided by the city. E) Utilities are standard city utilities. F) N/A G) Yard will surround the townhouses H) Townhomes are 2 stories. 1) N/A J) NIA K) N/A 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. ApplieanQ Signature Date 2 1221 6th St W. SECTION 18, T.28N., R.21 W. NORTH Assessor0327950 =, .. Subject Property J' ® 1221 6th St W. �. Q150ft. Mailing List b Y I •` ` �ti , � 1 I QL i * Ist aw 7TH Aw z N a J j Date: May 17th, 2016 Kalispell Planning Dept~ 0 125 250 Fi!ePath:l\2016\mailings\05172016 Feet of PI Old M10 }V11 Ail �0665 L}Y 1'IJcISIIVY 91' M 0d IN iI�dS19V11 '7NIJ.:IVNO 9� , LSdM 1S III 9 IZZI N`.715 0 4 OyAls,111011 . I ! � a ZO g z L1J 1 W o O uja ii o to �w -- r a II It - i S ----- - � II - - I 5 _.... 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