MONTANA - Kalispell.Com

PlANNING FOR THE FUTURE
MONTANA
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.comIplannint
REPORT TO:
Doug Russell, City Managerfr
FROM:
Jarod Nygren, Senior Planner
SUBJECT:
KCU-1 5-02—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-1 5-02, with the ten conditions of approval.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Jar dNygren
Senior Planner
Report compiled:
May 13, 2015
ATTACHMENTS: Minutes of the May 12, 2015, Kalispell Planning Board
Application Materials
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.
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Figure 1: Vicinity Map and Zoning
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Existing Land Use and Zoning: The property is an undeveloped portion of the West View Estates
Subdivision.
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Figure 3: View of property 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:
Water service:
Solid Waste:
City of Kalispell
City of Kalispell
City of Kalispell
Electric:
Phone:
Police:
Fire:
Schools:
Flathead Electric Cooperative
CenturyLink
City of Kalispell
City of Kalispell
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 Suitabffity:
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 singlefamily 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 R3 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.
41
2.
3.
Appropriate Design:
a.
Parking Scheme/Loading Areas: Each towrthome 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.
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 time 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.
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.
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.
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 singlefamily residence.
Lei
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 singlefamily 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
recommend 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
If
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
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OWL CORPORATION - CONDITIONAL USE PERMIT
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 3/26/15
H:gis\site1&cu15_02 - Owl Corporation - CUP.dwg
24
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalievell.com/planning
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:
Phone: 752-5666_
Kalispell, MT 59901
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:
City/State/Zip:
P.O. Box 1417
Phone: 892-3492
Columbia Falls, MT 59912
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street
Address:- None given yet
Sec.
No.25
Range
Township 29_ No. 22
Tract
No(s). 5+
Subdivision
Name:
Block
Lot
No(s)._______ No._________
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.
b.
C.
d.
e.
Surrounding land uses.
Dimensions and shape of lot.
Topographic features of lot.
Size(s) and location(s) of existing buildings
Size(s) and location(s) of proposed buildings.
See Attached Plan_
f.
g.
h.
3.
On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a.
b.
C.
d.
e.
f.
g.
h.
i.
j.
k.
4.
Existing use(s) of structures and open areas.
Proposed use(s) of structures and open areas.
Existing and proposed landscaping and fencing.
Traffic flow and control.
Access to and circulation within the property.
Off-street parking and loading.
Refuse and service areas.
Utilities.
Screening and buffering.
Signs, yards and other open spaces.
Height, bulk and location of structures.
Location of proposed open space uses.
Hours and manner of operation.
Noise, light, dust, odors, fumes and vibration.
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.
Applicant Signature
Date
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.
Location of proposed open space uses.
i.
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.
Hours and manner of operation.
j.
Hours and operation will be typical of neighboring residential development
Noise, light, dust, odors, fumes and vibration.
k.
Other than during construction, the project will not create objectionable noise, light,
dust, odors, fumes, or vibration.
5
Attachment for Item 3.
Traffic flow and control.
a.
Access to the six units will be Taelor Road, a city street, constructed by the Owl Corp as
part 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.
Access to and circulation within the property.
b.
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.
Off-street parking and loading.
C.
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.
Refuse and service areas.
d.
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.
Utilities.
e.
All utilities, wet and dry, are located in Taelor Road. The townhouse design will require
three additional service connections which should be easily accomplished.
Screening and buffering.
f.
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.
Signs, yards and other open spaces.
g.
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.
Height, bulk and location of structures.
h.
The proposed townhomes 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.
11
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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.
2"LCL 1k
Date:________________
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
Attn: Mark Owens
500 Palmer Drive
Kalispell, MT 59901
Sands Surveying
Attn: Eric Mulcahy
2 Village Loop
Kalispell, MT 59901
Sitescapes
Attn: Bruce Lutz
P.O Box 1417
Columbia Falls, MT 59912
Steven & Kimberly Trimble
130 Essex Place
Kalispell, MT 59901
Lisle & Jan Pottorff
125 Essex Place
Kalispell, MT 59901
Frederick & Barbara Kimbell
985 Stillwater Road
Kalispell, MT 59901
Linda & Anthony Devoe
184 West Bowman Drive
Kalispell, MT 59901
Donna Rada
192 West Bowman Drive
Kalispell, MT 59901
Bennett & Lynn Dykstra
200 West Bowman Drive
Kalispell, MT 59901
Ryan & Lacey Purdy
218 West Bowman Drive
Kalispell, MT 59901
Mark & Jane Super
224 West Bowman Drive
Kalispell, MT 59901
Greggory & Joanna Hultquist
230 West Bowman Drive
Kalispell, MT 59901
Mark & Jennifer Kessler
238 West Bowman Drive
Kalispell, MT 59901
Kristie Turner, LLC
332 East Bowman Drive
Kalispell, MT 59901
John & Kara Baisden, Jr.
85 Wild Sheep Drive
Troy, MT 59935
Scott & Colette Jones
262 West Bowman Drive
Kalispell, MT 59901
Gina Sulzbacher
266 West Bowman Drive
Kalispell, MT 59901
David & Alicia Koel
274 West Bowman Drive
Kalispell, MT 59901
Gary Alexander
282 West Bowman Drive
Kalispell, MT 59901
Barbara Carr
302 West Bowman Drive
Kalispell, MT 59901
Lynn Rued
326 West Bowman Drive
Kalispell, MT 59901
Jeffrey & Kristen Kernan
370 West Bowman Drive
Kalispell, MT 59901
James Florman
364 West Bowman Drive
Kalispell, MT 59901
Aspen Stillwater Properties, LLC
6730 North Scottsdale Road, Ste 290
Scottsdale, AZ 85253
West View Estates HOA
500 Palmer Drive
Kalispell, MT 59901
Jeffrey Claridge
131 Taelor Road
Kalispell, MT 59901
Brian & Tifeny Solan
855 Wolf Road
Helena, MT 59602
David & Gayle Mostek
179 Taelor Road
Kalispell, MT 59901
Victor & Victoria Duffy
P.O. Box 581
Kalispell, MT 59903
Billie Joan Arnce
Barbara Fitzwater
West
rive
Dennis McDaniel
199 Taelor Road
Kalispell, MT 59901
Jeremy & Valerie Ashby
190 Taelor Road
Kalispell, MT 59901
George Heyer
186 Taelor Road
Kalispell, MT 59901
Jeffrey & Katherine Meredith
100 Ali Loop
Kalispell, MT 59901
Roderick & Sherie Leese
127 Taelor Road
Kalispell, MT 59901
Patti Wailer Trust Agreement
164 Ali Loop
Kalispell, MT 59901
Thomas & Shannon Trinh
140 Ali Loop
Kalispell, MT 59901
J & F Construction General Cont
690 North Meridian Road, #103
Kalispell, MT 59901
Trevor & Jennifer Dahlman
116 Ali Loop
Kalispell, MT 59901
Vernon & Thelma Johnson
109 Palmer Drive
Kalispell, MT 59901
LIIC, Inc.
P.O. Box 7338
Kalispell, MT 59904
State of Montana
Dept. of Natural Resources & Consv
655 Tunberwoif Parkway, Ste 1
Kalispell, MT 59901
City of Kalispell
Attn: City Clerk
P.O. Box 1997
Kalispell, MT 59903
School District 5
233 1" Avenue East
Kalispell, MT 59901
Planning Department
2011"' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed
project noted below and will be most directly affected by its development. You have an opportunity
to present your 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 plamilngkalispell.com.
NOTICE OF PUBLIC HEARING
REGULAR MEETING
KALISPELL CITY PLANNING BOAR]) 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.
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 HEARING
ALISPELL CITY L,NNING
BOARD AND ZONING
COMMISSION
May 12, 2015
The regular meeting of the
Kalispell City Planning Board
and Zoning Commission is
scheduled for Tuasday, May 12,
2015, beginning at 7:00 PM in
the 'Kalispell City Council
Chambers, Kalispell City Hall
201 First Avenge 'East, Kalispell
The planning hoard Will hold
public hearing and take puhllq
comments on the agenda its
listed below:
1.FlIe if KCU-15-02 A cquo'èf'
from Owl Corporation, rfor
conditional use permit to
duplex
construct
three
townhouse units;(six wilts) In tha
R3 (Residential) ZonihgiDlstrløt
Townhouses are permitted
within the 'R.3 Zone; provided a
conditional use permit is
obtained per Section 2706030
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
.Estates
Westvlew
the.
Preliminary Plat Subdivision.
Final Plat approval for the three
tots will be required prior ,to
The
construction.
subleol
property is located within Wet
View Estates along the 100
block of Taelor Road, north of
Old Reserve Road. The property,
can be described as thB:
'Southwest Quarter of the
Southwest Quarter of Section
25, Township 29 North, Range
22 West, P.M.M., Flathead
County, Montana.
-
Docurnepts, pertaining to the
agenda iteln"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
addition,
hours,.
In
office
information 'on the agenda 'Item
is posted on our website at
wwwkallspelI:com/pIannln.g
under "Planning Board Agenda
&,Statf Reports".
are
persons
Interested
encouraged 'to attend the
hearings and present their views
and concerns to the Board.
Written 'comments may he
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
for
planning@kalispelLcom
additional Information.
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 IN 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.
_L_tLJStJC
Subscribed and sworn to
Before me this April 27, 2015
j__~
-----_-d2
,
3~-4
Dorothy I. GI cross
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2017
.
,
Is! Jarod Nygren for
Thomas R. JenlZ
Planning & Building Director
Apr. 26, 2015
MNAXLP
* SEAL
'ofM°
DOROTHY!. GLENCROSS
NOTARY PUBLIC for the
State of Montana
Residing at Kalispell, Montana
My Commission Expires
September 11, 2017
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
MAY 12, 2015
CALL TO ORDER AND ROLL
CALL
The regular meeting of the Kalispell City Planning Board and
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
Kauffman 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 1St meeting in July, as required in the board's
bylaws.
PUBLIC COMMENT
No one wished to speak.
-
OWL CORPORATION
CONDITIONAL USE PERMIT
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. 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 1
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 KCU15-02 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-1 5-02 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
Page 13
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.
- Agenda
Subdivision #290 - preliminary plat for Gateway West Mall which
June 9, 2015
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 6:00p.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, 2011" Avenue East, Kalispell.
Chad Graham
President
APPROVED as submitted/corrected:
Michelle Anderson
Recording Secretary
I
/15
Kalispell City Planning Board
Minutes of the meeting of May 12, 2015
Page 14
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