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H2. Owl View CUPPLANNING FOR THE FUTURE M01ff"A REPORT TO: Doug Russell, City Manager' 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-17-03 — Conditional Use Permit (CUP) Request for 40-Unit Multi - Family Project MEETING DATE: June 5, 2017 BACKGROUND: A request from Owl Corporation for a conditional use permit for multi -family apartments within the RA-2 Zoning District. Multi -family apartments are permitted within the RA-2 Zoning District provided a conditional use permit is obtained per Section 27.10.030 of the Kalispell Zoning Ordinance. The project is located within the Westview Estates Subdivision located off of Taelor Road behind three sets of townhomes which function as a transition between the single-family residences within the subdivision and the proposed multi -family units. The development would take place on three lots consisting of 4 acres within the Owl View Condominium Subdivision. The multi- family project would include five (5) buildings with eight (8) units each for a total of forty (40) units. The application includes three (3) building designs that range in size from 5,024-5,984 square feet in size. The property is located near the intersection of Taelor Road and Sawyer Lane within the Westview Estates Subdivision. The property can be legally described as Tract 5+ 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 9, 2017, to consider the application request. Staff presented staff report KCU-17-03 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 Kalispell City Council that the CUP be approved, subject to nine (9) conditions. During the public comment portion of the hearing, the applicant spoke in favor of the project. Additionally, one neighboring property owner spoke in opposition to the project. The neighbor felt the use was not compatible with the surrounding neighborhood and the applicant had not met the application requirements. There being no further testimony, the public hearing was closed and a motion was presented to adopt staff report KCU-17-03 as findings of fact, and recommend to the Kalispell City Council that the CUP be approved, subject to nine (9) conditions. Board discussion concluded that the CUP was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Owl Corporation for Conditional Use Permit KCU-17-03, a conditional use permit for a forty (40) unit multi -family project with nine (9) conditions of approval within the RA-2 Zoning District. The subject property is located within Tract 5+ of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS:. Approval_ of the request would -have minimal fiscal impact to the City.- — ALTERNATIVES: Deny the request. ATTACHMENTS: Conditional Use Letter CUP Staff Report KCU-17-03 Minutes of the May 9, 2017, Kalispell Planning Board Application Materials c: Aimee Brunckhorst, Kalispell City Clerk 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: Owl Corporation 500 Palmer Drive Kalispell, MT 59901 (406) 752-5666 LEGAL DESCRIPTION: Tract 5+ of Section 25, Township 29 North, Range 22 West, Flathead County, Montana ZONE: RA-2, Residential Apartment/Office The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of five (5) eight -unit apartment buildings on three lots located near the intersection of Taelor Road and Sawyer Lane within the Westview Estates Subdivision. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 9, 2017, held a public hearing on the application, took public comment and recommended that the application be approved subject to nine (9) 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-17- 03 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 five (5) eight -unit apartment buildings on three lots in the RA-2, Residential Apartment/Office zoning district, subject to the following 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. That the development of the site shall be in substantial conformance with the submitted architectural and site plan drawings in regards to setbacks, landscaping, parking, recreational amenity and height. 3. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 4. To -ensure the traffic flow and- .access -comply with Kalispell- Design -and- -Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be in substantial compliance with the submitted renderings and approved by the Parks and Recreation Director prior to issuance of the building permit. 6. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided. 7. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the City of Kalispell Construction and Design Standards. 8. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department with approval prior to construction. 9. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm water Discharge Associated with Construction Activities. Dated this 5th day of June, 2017. STATE OF MONTANA : ss County of Flathead Mark Johnson Mayor On this day of , 2017 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 OWL VIEW ESTATES REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-17-03 May 2, 2017 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit for multi -family residential within the RA-2 Zoning District. A public hearing on this matter has been scheduled before the Planning Board for May 9, 2017, 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: Owl Corporation 500 Palmer Drive Kalispell, MT 59901 Technical Assistance: Sands Surveying 2 Village Loop Kalispell, MT 59901 Summary of Request: A request from Owl Corporation for a conditional use permit for multi -family apartments within the RA-2 Zoning District. Multi -family apartments are permitted within the RA-2 Zoning District provided a conditional use permit is obtained per Section 27.10.030 of the Kalispell Zoning Ordinance. The project is located within the Westview Estates Subdivision located off of Taelor Road behind three sets of townhomes which function as a transition between the single-family residences within the subdivision and the proposed multi -family units. The development would take place on three lots consisting of 4 acres within the Owl View Condominium Subdivision. The Owl View Subdivision has not been final platted, but would be prior to construction of this project. The multi -family project would include five (5) buildings with eight (8) units each for a total of forty (40) units. The application includes three (3) building designs that range in size from 5,024-5,984 square feet in size. The project includes the extension of Sawyer Lane to the west from Taelor Road, which will provide access to the development. The site plan depicts two multi -family buildings and a clubhouse/park on the south side of Sawyer Lane with two private driveways and three buildings on the north side of Sawyer Lane with two private driveways. The site plan also depicts 88 parking spaces, landscaped areas, sidewalks, trash receptacle and storm water facilities. Location: The property is located near the intersection of Taelor Road and Sawyer Lane within the Westview Estates Subdivision. The property can be legally described as Tract 5+ of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Size: The subject property is 4 acres. Existing Land Use and Zonin: The subj opertyel _ is currently undeveloped gect�r grasslands and within the Westview Estates Subdivision. The subject property is located within the RA-2 (Residential Apartment/Office) Zoning District. The RA-2 Zoning District is described as follows: "A district to provide areas for residential development including multi -family housing and compatible non-residential uses of high land use intensity. The district would typically serve as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the Central Business District. The zoning district would typically be found in areas designated as urban mixed use, high density residential and commercial on the Kalispell Growth Policy Future Land Use Map." Adjacent Zoning: West: City RA-2 North: City R-3 East: City R-3 South: R-5/PUD Adjacent Land Uses: West: Vacant land North: Single-family residence and vacant single-family lots East: Single-family residence and vacant single-family lots South: Old Reserve Drive and Glacier High School fields Relation to the Growth Policy: The Growth Policy Future Land Use Map designates the property as High Density Residential. Such a designation anticipates high density residential up to 40 dwelling units and acre and low -intensity commercial, particularly when located near schools and urban arterials. The property is located across the street from Glacier High School and get access off of Old Reserve Drive, an urban arterial. The proposed development is 10 dwelling units per acre, far below the maximum density requirement. 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 2 Solid Waste: Electric: Phone: Police: Fire: Schools: B. EVALUATION OF THE REQUEST Evergreen Disposal Flathead Electric Cooperative CenturyLink City of Kalispell City of Kalispell School District #5, Kalispell 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 subject property is 4 acres, consisting of 3 - lots located off Sawyer Lane. The entire project site is flat with no impediments leaving the entire site developable. b. Height, bulk and location of the building: The proposed eight-plex multi- family buildings are designed to break up both horizontal and vertical planes. The roof heights of the 2-story structures vary from 24.5 feet to 36.5 feet. This allows gable and hip roofs to compliment the neighboring residential structures to visually reduce the perceived bulk of the structure. The maximum height within the RA-2 Zoning District is 40 feet, so the maximum height of the proposed buildings is below the permitted height. The project site is located off of Taelor Road behind three sets of townhomes which function as a transition between the single-family residences within the subdivision and proposed multi -family. The multi- family buildings are staggered on the 4-acre site to provide for pocket open space, creating visual interest from the street view and respect the residential character of the neighborhood. The site plan shows that the project was laid out with the narrow side of the building closest the single- family residences to the north and the closes building is 35' feet from the northern property boundary, which far exceeds the 15' minimum rear yard setback. C. Adequate Access: The development site is located along Sawyer Lane, west of Taelor Road and north of Old Reserve Drive. Sawyer Lane will be improved westerly so that vehicular access can be achieved. A temporary cul-de-sac at the west end of Sawyer Lane will be installed for fire turnaround. Taelor Road and Old Reserve Drive leading to Sawyer Lane are both improved roads that meet city standards and provide adequate access to the greater transportation system. d. Environmental Constraints: There are no known environmental 3 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: The off-street parking requirement for multi -family dwelling units is 1.5 spaces for every dwelling unit. There are 40 units proposed, which would equate to 60 required parking spaces. The development provides 88 parking spaces, exceeding the minimum parking requirements. 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 development will be reviewed for compliance with the zoning ordinance during site development review. C. Traffic Circulation: Sawyer Lane running through the project site will be improved to city standards westerly so that vehicular access can be achieved. A temporary 96' diameter cul-de-sac at the west end of Sawyer Lane will be installed for fire turnaround. Private driveways meeting the minimum with requirement for multi -family will be constructed to access the parking areas for each building. Taelor Road and Old Reserve Drive leading to Sawyer Lane are both improved roads that meet city standards and provide adequate access. d. Open Space: The development meets all of the required setbacks which are designated open space areas. The multi -family buildings are staggered within the site providing pocket open space. The developer has set aside 20,000 square feet of open space on Lot 1 at the corner of Sawyer Lane and Taelor Road for the proposed development. e. Fencing/Screening/Landscapes: To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be approved by the Parks and Recreation Department prior to issuance of the building permit. f. Si na e: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. At this point no signs are being 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 project. b. Fire Protection: Fire protection will be provided by the Kalispell Fire 4 Department. Fire hydrants will be located as required by the Fire Chief. There is adequate access to the property from the public road system and the buildings will be constructed to meet current building and fire and safety code standards. Station 62 is approximately 1 mile from the subject property giving_good response time. C. Water: City water is available within Sawyer Lane and would serve the property. The developer will be required to pay the cost for the utility extensions. d. Sewer: City sewer is available within Sawyer Lane and would serve the property. The developer will be required to pay the cost for the utility extensions. e. Storm Water Drainage: The applicant intends to construct a retention pond on Lot 1 at the corner of Sawyer Lane and Taelor Road. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Construction and Design Standards. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. Prior to receiving a building permit the developer will also 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 Evergreen Disposal. g. Streets: The primary street frontage is Sawyer Lane. Sawyer Lane will be improved to city standards prior to construction. Sawyer Lane gets its access off of Taelor Road, an improved city street that provides access to the greater City of Kalispell circulation system. h. Sidewalks: Sawyer Lane will be constructed to city standards, which will include sidewalks on both the north and south sides. Additionally, the site plan shows a network of sidewalks that connect the buildings to each other and the sidewalk system along Sawyer Lane. i. Schools: This site is within the boundaries of School District #5. An impact to the district may be anticipated from the proposed development depending on the demographics of the residents. On average 20 students K-12 would be anticipated from 40 dwelling units. j. Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires 20,000 square feet of recreational amenities for the development based off of 40 dwelling units. The site plan indicates 20,000 square feet of open space that could qualify as a recreational amenity. The 20,000 square foot area is located where the clubhouse is shown on the site plan. At this time the developer would need to improve the area to meet the recreation 9 requirement for this development. However, in the future the developer intends on constructing a clubhouse at this location. The clubhouse would likely be constructed in future phases and serve additional multi -family developments. A clubhouse qualifies as a recreational amenity and at the time of construction it would be evaluated for its compliance with the recreational requirement. Parks and Recreation Department will need to approve the plan for meeting this recreational amenity prior to building permit issuance. 4. Neighborhood impacts: a. Traffic: The multi -family project gains its primary ingress and egress from Sawyer Lane, which will be constructed to city standards for circulation. Any development of the property that creates 300 or more vehicle trip per day would require a traffic impact study. The traffic study evaluates the impacts the development has on the traffic system and indicates mitigation necessary to maintain acceptable levels of service. b. Noise and Vibration: The development of the property as multi -family residential will create additional noise and vibration. Primarily the aforementioned will be generated from automobiles. Large setbacks consisting of 35 or more feet from neighboring residential properties adequately mitigates the potential noise and vibration caused by the automobiles. C. Dust, Glare, and Heat: The use of the property as a multi -family residential would not generate any unreasonable dust, glare, and heat other than during construction. d. Smoke, Fumes, Gas, or Odors: The development of the property as multi- family residential will create additional smoke, fumes, gas and odors. Primarily the aforementioned will be generated from automobiles. The residents most impacted by the smoke, fumes, gas and odors from the automobiles would be the residences immediately adjacent the development. Large setbacks consisting of 35 or more feet from neighboring residential properties adequately mitigates the potential smoke, fumes, gas, or odors caused by the automobiles. e. Hours of Operation: As the property is for residential there will be no hours of operation, but there will be people residing on the premises 24-hours a day. 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 RA-2 Zoning of the project site and the High Density Residential land use designation anticipates this kind of development on the vacant land. The developer has planned for this type of development by 0 constructing townhomes to the east of the project site, which act as a buffer from the single-family residences within the development. The project was laid out with the narrow side of the building closest the single-family residences to the north and the closes building is 35' feet from the northern property boundary, which far exceeds the 15' minimum rear yard setback. 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. It can be assumed that property values will increase since city services to the property are being added and the property is currently undeveloped. Adequate design of the project site has been incorporated to mitigate any potential impacts of the development on surrounding land uses. The staff recommends that the Kalispell Planning Board adopt staff report #KCU-17-03 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. That the development of the site shall be in substantial conformance with the submitted architectural and site plan drawings in regards to setbacks, landscaping, parking, recreational amenity and height. 3. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 4. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 5. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be in substantial compliance with the submitted renderings and approved by the Parks and Recreation Director prior to issuance of the building permit. 7 6. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided. 7. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the City of Kalispell Construction and Design Standards. 8. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department with approval prior to construction. 9. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm water Discharge Associated with Construction Activities.