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H1. Samaritan House Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KZC-21-02/KCU-21-07 – Samaritan House Zone Change and Conditional Use Permit MEETING DATE: November 1, 2021 BACKGROUND: Samaritan House, Inc. has submitted an application for a zone change and a conditional use permit on approximately 2.42 acres of land at 1110 2nd Street West. The proposed zone change would also apply to a tract of land at the northeast corner of the intersection of South Meridian Road and 2nd Street West, which is owned by the City of Kalispell and contains approximately 0.1 acres. The existing zoning on the properties is P-1 (Public) and the proposed zoning is B-3 (Core Area Business). The conditional use permit is a request to allow 27 sleeping spaces as part of a homeless shelter, along with a dining area and shared community space. In addition, there would be 16 multi-family housing units for long term housing which are a permitted use within the B-3 zone and not subject to the conditional use permit. The proposal would include remodeling of existing space as well as new construction. The number of sleeping spaces in the shelter may be reduced to 16 by Samaritan House as part of a veteran housing program, but the review and approval of the project would be for up to 27 sleeping spaces. The property is located at 1100 2nd Street West and can be described as Assessors Tracts 5DAB (Samaritan House) and 5DAA (City of Kalispell) in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on October 12, 2021, to consider the request. Staff presented staff report KZC-21-02/KCU-21-07 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Council that the zone change request be granted and that the conditional use permit be granted subject to 17 listed conditions. Four public comments were received at the public hearing in addition to the applicant. One of the comments supported the project and the other comments expressed concern about the impact on the surrounding area. The public hearing was closed, and motions were presented to adopt staff report KZC-21-02/KCU-21-07 as findings of fact and recommend to the Kalispell City Council that the zone change be granted and that the conditional use permit be granted subject to the 17 conditions. Board discussion concluded that the request was appropriate, and the motion was approved on a unanimous vote. RECOMMENDATIONS: ZONE CHANGE: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1867, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property more particularly described as Assessors Tracts 5DAB and 5DAA in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, from P-1 (Public) to B-3 (Core Area Business) in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. CONDITIONAL USE PERMIT: It is recommended that the Kalispell City Council approve a request from Samaritan House, Inc., for Conditional Use Permit KCU-21-07, a conditional use permit for a homeless shelter with up to 27 sleeping spaces, subject to 17 conditions of approval, located at 1100 Second Street West and more particularly described as Assessors Tract 5DAB in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1867 Conditional Use Permit Letter October 12, 2021, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Public Comment c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1867 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACTS 5DAB AND 5DAA IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY P-1) TO CITY B-3 (CORE AREA BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN – IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Samaritan House, Inc., the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above-described tract of land be zoned B-3 on approximately 2.42 acres of land; and WHEREAS, the property is located at 1100 2nd Street West; and WHEREAS, Samaritan House’s petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-21-02, dated October 6, 2021, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-3, Core Area Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-3, Core Area Business, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy Plan-It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KZC-21-02. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as B-3, Core Area Business, on approximately 2.42 acres of land. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 2021. ______________________________________ Mark Johnson ATTEST: Mayor __________________________ Aimee Brunckhorst, CMC 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: Samaritan House, Inc. PO Box 592 Kalispell, MT 59903 LEGAL DESCRIPTION: Assessors Tract 5DAB in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana, and as more particularly described on the attached Exhibit “A”. ZONE: B-3, Core Area Business The applicant has applied to the City of Kalispell for a conditional use permit to allow a homeless shelter with up to 27 sleeping spaces located at 1100 Second Street West within the B-3 (Core Area Business) zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on October 12, 2021, held a public hearing on the application, took public comment and recommended that the application be approved subject to seventeen (17) 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-21- 07 as the Council's findings of fact, and issues and grants to the above-described real property a conditional use permit to allow a homeless shelter with up to 27 sleeping spaces located at 1100 Second Street West within the B-3 (Core Area Business) zone, 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. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 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 for any addition or exterior remodeling which significantly changes the appearance of the building. 4. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, as well as compliance with other site development 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 and shall include provision of boulevard trees and landscaping along both street frontages. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director prior to issuance of the building permit. 6. 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. 7. Prior to construction, the developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval, as well as a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 8. The developer shall submit water main extension plans, applicable specifications, and design reports to the Kalispell Public Works Department to be reviewed and approved by Public Works prior to construction. 9. Sewer service is available in the adjacent alley and would serve the property with an extension onto the property. The existing sewer main shall be abandoned at the manhole. The new sewer main shall be privately owned and maintained. 10. The primary street frontages of Second Street West and South Meridian shall be improved to meet city standards, including, but not necessarily limited to, landscape boulevard, street lighting, and sidewalk where not present. Approaches into the site shall be concrete and meet the requirements of the Standards for Design and Construction. Due to the width of the boulevard and the location of the existing utility poles, street trees may utilize an alternative design relative to species and location. 11. The gates restricting access to the parking lot are not allowed unless explicitly permitted during building permit and site review approval. 12. Prior to building permit issuance, the number and location of the trash enclosures shall be approved by the Kalispell Public Works Department. 13. The outdoor seating areas shall include vegetative screening to be reviewed and approved by the Site Development Review Committee. 14. The eastern boundary of the property is required to include a 6-foot-high view-obscuring fence or hedge pursuant to Section 27.20.050 of the Kalispell Zoning Ordinance. 15. Along the northern property line, the existing or similar fence shall be maintained on the property line, provided that the barbed wire be removed. The existing tree line shall also be maintained to the extent possible and replaced if necessary. 16. The proposed sign shall be located on the Samaritan House property in a location compliant with the sign regulations in Chapter 27.22 of the Kalispell Zoning Ordinance. 17. The conditional use permit shall not be effective until the zone change to B-3 (Core Area Business) becomes effective. Dated this 1st day of November, 2021. ______________________________________ Mark Johnson Mayor STATE OF MONTANA ) : ss County of Flathead ) On this ______ day of _______________, 2021 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 EXHIBIT “A” BEGINNING at a point south 13° east 33.0 feet and south 77° west 16.0 feet from the southwest comer of Block 16 of Western Addition to Kalispell, Montana; thence westerly 485.5 feet along the centerline of Second Street West to the east boundary of Meridian Road; thence northerly along the east boundary of said Meridian Road 346.0 feet to a point of intersection with the westerly extension of the southerly boundary of First Street West; thence northeasterly along said southerly boundary of the westerly extension of First Street West 392.5 feet to a point on the westerly boundary of the alley in Western Addition to Kalispell, according to the recorded plat thereof; thence southeasterly along the westerly boundary of said alley 333.0 feet to the POINT OF BEGINNING; EXCEPTING therefrom that portion included in Second Street West; EXCEPTING therefrom a tract of land described as the south 125.00 feet of the east 150.0 feet of the above described portion of Government Lot 1 as measured along the aforesaid westerly boundary of the alley in Western Addition to Kalispell and the northerly boundary of said Second Street West; and EXCEPTING therefrom the tract conveyed to Flathead County by Warranty Deed recorded in Book 200 of Deeds, Page 231, described as follows: beginning at a point on the east right of way line of the County Road on the west boundary of Section 18, Township 28 North, Range 21 West, where the north line of the County Road, which is an extension of Second Street West in Kalispell, intersects said east right of way; thence north 100.0 feet; thence south 27°10' east 49.0 feet; thence south 46°40' east 29.0 feet; thence south 66°40' east 44.0 feet; thence south 76°00' west 88.0 feet to the point of beginning. Containing 2.42 acres, more or less. Kalispell City Planning Board Minutes of the meeting of October 12, 2021 Page | 1 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 12, 2021 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Rory Young, George Giavasis and Ronalee Skees. Kurt Vomfell and Joshua Borgardt were absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Giavasis seconded a motion to approve the minutes of the September 14, 2021, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. BOARD MEMBER SEATED Rory Young recused himself. KZC-21-02 & KCU-21-07 SAMARITAN HOUSE A request from Samaritan House, Inc. for a zone change and a conditional use permit on approximately 2.42 acres of land at 1110 2nd Street West. The proposed zone change would also apply to a tract of land at the northeast corner of the intersection of South Meridian Road and 2nd Street West, which is owned by the City of Kalispell and contains approximately 0.1 acres. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-21-02 and KCU-21-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-02 as findings of fact and recommend to the Kalispell City Council that the subject properties currently zoned P-1 (Public) be rezoned to B-3 (Core Area Business). Staff recommends that the Kalispell Planning Board adopt staff report #KCU-21-07 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham asked staff about the notification process when there is a school next to a proposed project such as this. Sorensen advised that the city’s notification is the same, however it is up to the school district what they decide to do with it from there. Graham also inquired about the screening process for residents who might be sexual offenders. Staff advised that the applicant would have the opportunity to answer that question. PUBLIC HEARING Chris Krager – Executive Director of Samaritan House – 124 9th Ave W – briefly went over project explaining that there will be case management staff on duty helping set goals, tracking outcomes, etc. Chris also advised that there are no registered offenders allowed at this Kalispell City Planning Board Minutes of the meeting of October 12, 2021 Page | 2 location because of its location across the street from the school. Paul Goodrich – 439 Grand Dr #322, Bigfork – concerned with impacts on adjacent residential area and location of trash enclosures. Annalise Wilson – 30 10th Ave W – concerned with there being registered offenders and feels that veterans should be a priority. Kathleen Vernon – 2521 Mission Trail/202 Meridian – concerned with increased traffic. Kim Morisaki – 1329 Bald Eagle Loop – Executive Director for the NW MT Community Land Trust and is a board member for the Samaritan House – noted what an asset this project is to the community as well as its importance. MOTION – KZC-21-02 Kauffman moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21- 02 as findings of fact and recommend to the Kalispell City Council that the subject properties currently zoned P-1 (Public) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION – KCU-21-07 Skees moved and Giavasis seconded a motion that the Kalispell Planning Board adopt staff report #KCU-21-07 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board members expressed their enthusiasm for the project. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE-SEATED Rory Young re-seated. BOARD MEMBER SEATED Doug Kauffman recused himself. KZC-21-03 & KCU-21-08 MERIDIAN APARTMENTS A request from Meridian Investments, LLC for a zone change and a conditional use permit on approximately 1.0 acres of land located to the east of 41 Meridian Court. The property is currently zoned R-4 (Residential), and the proposed zone change would be to B-1 (Neighborhood Business). The zone change would allow multi-family dwellings as a conditionally permitted use on the property. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-21-03 & KCU-21-08. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-03 as findings of fact and recommend to the Kalispell City Council that the subject property currently zoned R-4 (Residential) be rezoned to B-1 (Neighborhood Kalispell City Planning Board Minutes of the meeting of October 12, 2021 Page | 3 Business). Staff also recommends that the Kalispell Planning Board adopt staff report #KCU-21-08 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING Doug Peppmeier – TD&H Engineering – 450 Corporate Dr – representative for applicant, offered to answer any questions the board may have. MOTION – KZC-21-03 Skees moved and Giavasis seconded a motion that the Kalispell Planning Board adopt staff report #KCU-21-08 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION – KCU-21-08 Young moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 08 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Staff updated board on recent City Council approvals. NEW BUSINESS Staff updated board on the November 9th Planning Board Agenda. ADJOURNMENT The meeting adjourned at approximately 6:43pm. __________________ ___________________ Chad Graham Kari Barnhart President Recording Secretary APPROVED as submitted/amended: 1 SAMARITAN HOUSE ZONE CHANGE - STAFF REPORT #KZC-21-02 CONDITIONAL USE PERMIT – STAFF REPORT #KCU-21-07 KALISPELL PLANNING DEPARTMENT OCTOBER 6, 2021 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a zone change from P-1 (Public) to B-3 (Core Area Commercial) and a conditional use permit for a homeless shelter. A public hearing on this matter has been scheduled before the Planning Board for October 12, 2021, 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. BACKGROUND INFORMATION This application is a request from Samaritan House, Inc. for a zone change and a conditional use permit on approximately 2.42 acres of land at 1110 2nd Street West. The proposed zone change would also apply to a tract of land at the northeast corner of the intersection of South Meridian Road and 2nd Street West, which is owned by the City of Kalispell and contains approximately 0.1 acres. The existing zoning on the properties is P-1 (Public) and the proposed zoning is B-3 (Core Area Business). The conditional use permit is a request to allow 27 sleeping spaces as part of a homeless shelter, along with a dining area and shared community space. In addition, there would be 16 multi-family housing units for long term housing which are a permitted use within the B-3 zone and not subject to the conditional use permit. The proposal would include remodeling of existing space as well as new construction. The number of sleeping spaces in the shelter may be reduced to 16 by Samaritan House as part of a veteran housing program, but the review and approval of the project would be for up to 27 sleeping spaces. A: Applicant: Samaritan House, Inc PO Box 592 Kalispell, MT 59903 B: Location: The property is located at 1100 2nd Street West and can be described as Assessors Tracts 5DAB (Samaritan House) and 5DAA (City of Kalispell) in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2 C: Existing Land Use and Zoning: The subject property was previously an armory building which was transferred to the Samaritan House, which has used the building for administrative offices and a community kitchen. The P-1 (Public) zoning was previously placed on the property due to its use as an armory. Rather than as a larger land use application. The P-1 is “intended to provide and reserve areas for public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety and general welfare. Such public uses would include schools, public buildings, parks, airports, jails, utilities, etc. This zoning district would typically be found in the public land use designation as shown on the Kalispell Growth Policy Future Land Use Map but can be applied to any land use designation.” D: Proposed Zoning District: The applicant has proposed a zone change from P-1 (Public) to B-3 (Core Area Business). The B-3 zone is “intended to provide a variety of both commercial and residential uses. Commercial uses would typically include a mix of retail, office, restaurant, and other similar uses. This zone is based primarily on the core area plan adopted by the city for the area along the railroad corridor and is intended to further the goals and policies in that plan.” D. Size: The subject property is approximately 2.42 acres, and the City of Kalispell property is approximately 0.1 acres. E: Adjacent Zoning: North: B-3 East: RA-1 West: R-4; B-1; B-2 South: RA-1 F: Adjacent Land Uses: North: Commercial; light industrial; office East: Single-family residential and multi-family residential West: Single-family residential; multi-family residential; commercial; light industrial South: School 3 G: General Land Use Character: The general neighborhood is a transitional area between existing commercial and light-industrial uses to the north and residential areas to the east and west. The area to the west includes several non-conforming commercial and light-industrial uses as well. The predominant use in the immediate area is Peterson Elementary School to the south of the property. The residential uses in the area include a mix of single-family, duplex, and multi-family uses. H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Public/Quasi-Public, which allows for areas to provide a range of services by both governmental and non-profit entities. The City of Kalispell Growth Policy Plan-It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are immediately adjacent to the subject property. I: Utilities/Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5, Peterson Elementary/Flathead High School Fire: City of Kalispell Police: City of Kalispell 4 ZONE CHANGE EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the zoning map amendment request in accordance with state and local regulations. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. The subject property is currently zoned P-1 (Public). The applicant is requesting B-3 (Core Area Business). 1. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Public/Quasi-Public, which allows for areas to provide a range of services by both governmental and non-profit entities. The City of Kalispell Growth Policy Plan-It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are immediately adjacent to the subject property. The requested zone allows the property to be used by a non-profit to provide needed housing in the community. The current P-1 zone reflects the historic use of the property as an armory. 5 Given the fact that the adjoining property to the north is zoned B-3, the zone change is a logical extension consistent with nearby properties. 2. Will the requested zone have an effect on motorized and non-motorized transportation systems? The requested zoning of B-3 will have some effect on the motorized and non-motorized transportation system, although the impact would primarily result from the proposed use rather than the zone per se. The multi-family residential/shelter use is consistent with the general use of the area, which includes a school and other multi-family dwellings. Any impact would be reviewed as part of the building permit and site review process. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the property in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police/fire protection, water and sewer service are available to the property. 4. Will the requested zone promote the public health, safety and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classification of B- 3 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide reasonable provisions for adequate light and air? Setback, height, and lot coverage standards for new development in the area of the zone change are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. The current zoning has setbacks of 15 feet in the front, 5 feet on the side, 10 feet in the rear, and 15 on the side corner, as well as a maximum 45% lot coverage. The B-3 has no setbacks or maximum lot coverage. Maximum height would increase from 45 feet to 60 feet. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The property is already within city limits and all public services and facilities are currently available to the property. The requested zone will not alter any of the public requirements, as there are city standards in place to address all the public requirements individually depending on how the site develops in the future. 6 7. Will the requested zone promote compatible urban growth? The general neighborhood is a transitional area between existing commercial and light- industrial uses to the north and residential areas to the east and west. The area to the west includes several non-conforming commercial and light-industrial uses as well. The predominant use in the immediate area is Peterson Elementary School to the south of the property. The residential uses in the area include a mix of single-family, duplex and multi- family uses. The B-3 zone is adjacent to the property and extending it to the property would maintain the growth pattern in the area. 8. Does the requested zone give consideration to the character of the district and its particular suitability of the property for particular uses? The proposed B-3 zone allows for a mix of residential and commercial uses. On this particular property, the B-3 zone would allow a residential use which is not provided for under P-1 zoning. The residential use fits within the surrounding neighborhood, provides greatly needed area for housing, and the existing development of the property lends itself to this transition. 9. Will the proposed zone conserve the value of buildings? Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria, to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods. The conservation of values of the existing buildings in the vicinity depends largely on the design and construction quality of the potential development in the area of the zone change, which will be subject to city review. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. Developing residential uses in appropriate areas helps provide housing, which is a need in the community as a whole. EVALUATION OF THE CONDITIONAL USE PERMIT 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. The layouts below show the proposed overall site layout and the proposed floorplan for the shelter. The multi-family buildings shown as future living units are long-term, multi-family units, which are 7 a permitted use within the B-3 zone. The conditionally permitted use is the shelter, which is located in the building noted as “assembly hall and sleeping spaces.” The floorplan shows 27 beds in separate sleeping spaces, with common bathroom and kitchen facilities. Depending upon how specific details of the grants funding the project work out, the number of sleeping spaces may be reduced to 16 and dedicated to veteran housing. This review and any approval would be based on a maximum of 27 and a reduction to 16 would be considered consistent with this CUP. 8 1. Site Suitability: a. Adequate Useable Space: The subject property is approximately 2.42 acres. The majority of the project site is flat with no significant impediments. The proposed conditional use (shelter) would be primarily located within an existing structure on the property, with a few outdoor areas added to serve the residents. b. Height, bulk and location of the building: The proposed use is within an existing building and would primarily involve interior remodeling. However, verification of all zoning development standards would occur during building permit and site review processes. c. Adequate Access: The accesses for the development will be Second Street West and South Meridian, both of which are city streets. Some improvements to the frontage are necessary to bring it to city standards, such as sidewalks, boulevard trees, and street lights, but the street itself provides adequate access. Based on the number of trips generated, Public Works has determined that a Traffic Impact Study (“TIS”) will not be required. d. Environmental Constraints: There are no known environmental constraints, such as steep slopes, streams, floodplains, or wetlands on the area of the property proposed for development which could affect the proposed use. 2. Appropriate Design: a. Parking Scheme/Loading Areas: The off-street parking requirement for a homeless shelter is one space per five occupants. The CUP portion of the property would have a base minimum of five spaces. In addition, administrative offices would require one space per 300 square feet (14 spaces) and the multi-family component would require 1.5 spaces per unit (24 spaces). The total base number of parking spaces would be 43. The B-3 includes a 50% reduction in the required number, for a total of 22 spaces. The parking plan calls out 24 provided spaces and would meet the minimum requirement. 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: As noted above, there will be access points on both Second Street West and South Meridian. On-site traffic circulates through parking facilities that will need to be designed to meet city standards. Solid waste collection should be accounted for in the overall parking design and will be reviewed by Public Works during the building permit and site review process. Due to both general and emergency access requirements, including, but not limited to, building and fire code provisions, the parking area may not be able to be gated. Furthermore, the city would not be able to 9 provide garbage collection with the gates in place. The gates should not be allowed unless explicitly permitted during building permit and site review approval. d. Open Space: There are no specific open space requirements, although open space is provided. The shelter will include interior common area as well as screened outdoor seating areas. Additionally, in relation to the multi-family component, recreational amenities would be provided under the zoning ordinance. e. Fencing/Screening/Landscaping: The outdoor seating areas would include vegetative screening. The eastern boundary of the property is required to include a 6-foot-high view-obscuring fence or hedge pursuant to Section 27.20.050 of the Kalispell Zoning Ordinance because the new B-3 zoning designation would border an RA-1 zone. Public comment from an adjoining property owner to the north was concerned with maintaining a fence and buffer along the property line. Since the neighboring property is also zoned B-3, the greenbelt requirement would not directly apply. However, as a general condition, it is appropriate to require that the fence or a similar fence be maintained on the property line, provided that the barbed wire be removed as it is not permitted under the zoning ordinance. The existing tree line should also be maintained to the extent possible and replaced if necessary. f. Signage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. It should be noted that the sign location on the site plan appears to be on city property and would need to be located on the Samaritan House property. 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 Department. Fire hydrant(s) will be located as required by the Fire Chief. There is generally adequate access to the property from the public road system. The buildings will be remodeled as appropriate to meet current building and fire and safety code standards. Station 61 is approximately 0.8 miles from the subject property giving good response time. c. Water: City water is available in the adjacent street frontage and would serve the property. There would be a looped extension through the property, which would need to be located in a utility easement. The location of the hydrant(s) would be determined by the Fire Chief. d. Sewer: Sewer service is available in the adjacent alley and would serve the property with an extension onto the property. Based on the location of the future buildings, the 10 existing sewer main will need to be abandoned at the manhole. The new sewer main shall be privately owned and maintained. e. Storm Water Drainage: Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. 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 the City. The application indicates screened trash enclosures will be installed. Prior to building permit issuance, the number and location of these trash enclosures will need to be approved by Public Works. g. Streets: The primary street frontages are Second Street West and South Meridian. While the travel surface appears adequate for the proposed use, each frontage needs to be improved to meet city standards, including, but not necessarily limited to, landscape boulevard, street lighting, and sidewalk where not present. Approaches into the site shall be concrete and meet the requirements of the Standards for Design and Construction. Due to the width of the boulevard and the location of the existing utility poles, street trees may need to utilize an alternative design relative to species and location. h. Sidewalks: A sidewalk will need to be installed along the full length of the street frontage and be designed to meet City of Kalispell Standards for Design and Construction. It appears that the sidewalk along Meridian is adequate, but there is no sidewalk installed on Second Street. Also, the zoning ordinance requires a pedestrian connection to the public sidewalk for multi-family dwellings, which will be reviewed as part of the building permit and site review process. i. Schools: This site is within the boundaries of School District #5. As a shelter, it is not anticipated that additional students would impact the schools. j. Parks and Recreation: There are no parks or recreational requirements as part of the shelter, although there are common areas, both indoors and outdoors, that will be provided. 4. Neighborhood impacts: a. Traffic: The access for the property is on Second Street West and South Meridian, which are improved public streets. Based on the number of trips generated, Public Works has determined that a Traffic Impact Study (“TIS”) is not required. 11 b. Noise and Vibration: The primary use will occur inside the building. Outdoor use is limited. As a supervised facility, noise should be kept to a minimum. c. Dust, Glare, and Heat: The use of the property would not generate any unreasonable dust, glare, and heat other than during construction. d. Smoke, Fumes, Gas, or Odors: The development of the property will create minimal additional smoke, fumes, gas and odors. e. Hours of Operation: As the property is proposed for residential use, there will be no hours of operation, although there will be people residing on the premises 24-hours a day. 5. Consideration of historical use patterns and recent changes: The general neighborhood is a transitional area between existing commercial and light-industrial uses to the north and residential areas to the east and west. The area to the west includes several non-conforming commercial and light-industrial uses as well. The predominant use in the immediate area is Peterson Elementary School to the south of the property. The residential uses in the area include a mix of single-family, duplex and multi-family uses. Recent development includes a multi-family development just to the west. The proposed use fits within the historic use pattern and is in line with recent changes. 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. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-02 as findings of fact and recommend to the Kalispell City Council that the subject properties currently zoned P-1 (Public) be rezoned to B-3 (Core Area Business). The staff recommends that the Kalispell Planning Board adopt staff report #KCU-21-07 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 application and architectural/site plan drawings. 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 for any addition or exterior remodeling which significantly changes the appearance of the building. 12 4. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, as well as compliance with other site development 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 and shall include provision of boulevard trees and landscaping along both street frontages. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director prior to issuance of the building permit. 6. 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. 7. Prior to construction, the developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval, as well as a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 8. The developer shall submit water main extension plans, applicable specifications, and design reports to the Kalispell Public Works Department to be reviewed and approved by Public Works prior to construction. 9. Sewer service is available in the adjacent alley and would serve the property with an extension onto the property. The existing sewer main shall be abandoned at the manhole. The new sewer main shall be privately owned and maintained. 10. The primary street frontages of Second Street West and South Meridian shall be improved to meet city standards, including, but not necessarily limited to, landscape boulevard, street lighting, and sidewalk where not present. Approaches into the site shall be concrete and meet the requirements of the Standards for Design and Construction. Due to the width of the boulevard and the location of the existing utility poles, street trees may utilize an alternative design relative to species and location. 11. The gates restricting access to the parking lot are not allowed unless explicitly permitted during building permit and site review approval. 12. Prior to building permit issuance, the number and location of the trash enclosures shall be approved by the Kalispell Public Works Department. 13. The outdoor seating areas shall include vegetative screening to be reviewed and approved by the Site Development Review Committee. 14. The eastern boundary of the property is required to include a 6-foot-high view-obscuring fence or hedge pursuant to Section 27.20.050 of the Kalispell Zoning Ordinance. 13 15. Along the northern property line, the existing or similar fence shall be maintained on the property line, provided that the barbed wire be removed. The existing tree line shall also be maintained to the extent possible and replaced if necessary. 16. The proposed sign shall be located on the Samaritan House property in a location compliant with the sign regulations in Chapter 27.22 of the Kalispell Zoning Ordinance. 17. The conditional use permit shall not be effective until the zone change to B-3 (Core Area Business) becomes effective. SS SS CI CI CI SD WW W . J A C K O L A . C O M SA M A R I T A N H O U S E 11 1 0 2 N D S T W K A L I S P E L L , M T EXISTING SITE 1" = 40' 04 / 2 6 / 2 1 2ND STREET W S M E R I D I A N R D 6 6 5 7 CITY PARKING REQUIREMENTS: RESIDENTIAL - SHELTER: 1 SPACE/5 OCCUPANTS -ASSEMBLY HALL AND SLEEPING SPACES: 26 BEDS = 5 SPACES RESIDENTIAL - MULTIFAMILY: 1.5 SPACES/UNIT -FUTURE LIVING UNITS (x8 3-BED, X8 2-BED): 16 UNITS = 24 SPACES OFFICE: 1 SPACE/300 SF -ADMIN SPACE: 4,145 SF = 14 SPACES TOTAL REQUIRED: 43 B3 REDUCTION (50%): 22 TOTAL SHOWN: 24 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Approximate location of existing water main (per City map) W W W W W W W W W W W W W W WWWWWWWWWWWWWWW SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSS Probable sewer main extension to provide sewer service to future living units Approximate location of existing sewer main (per City map) Probable looped water main extension; includes new fire hydrant to provide adequate fire protection to new living units Samaritan House Conditional Use Permit Supplementary Information General Project Description: The Project involves re-developing a piece of property on the west side of Kalispell that was previously used as an Armory into a transitional and shelter housing facility. The proposed facility is located at 1110 2nd St. West. The project will consist of renovating the existing armory building to house temporary shelter sleeping spaces and administrative/community spaces. In addition to the building renovation/expansion, the project proposes to construct several buildings to house 15 to 25 two- and three-bedroom long-term rental living units, and associated site improvements. The property is currently zoned P-1 (public) which allows for Homeless Shelters by Conditional Use but does not allow for multi-family. To allow for multi-family, a zone change to B-3 is proposed with a Conditional Use permit to allow for a Homeless Shelter. a. Traffic flow and control The site currently has two existing access points, one off of 2nd St. W and one off S. Meridian Road. The driveway off of 2nd St. W will be improved to meet City standards, and the entrance off S. Meridian will be shifted slightly to the south to improve interior site circulation. The project is also anticipated to include a new sidewalk along 2nd St. W. Significant changes in Traffic Patterns are not expected and the requirement for a Traffic Impact Study at the time of permitting will be dependent on the eventual number of rental units. b. Access to and circulation within the property As discussed above, the site’s existing driveways will be maintained, however interior site drive aisles will be updated to encourage traffic circulation through the property. The existing site is generally covered with paved surfaces, but will be updated to better delineate an interior 24-foot-wide drive aisle and parking spaces to provide adequate access to the site amenities and efficient circulation through the site. c. Off-street parking and loading Off-street parking will be provided in compliance with City zoning standards. The property qualifies for a 50% reduction in required spaces due to its location in the B-3 zone. d. Refuse/garbage collection and service areas There will be several centrally located trash enclosures on the Site. Trash collection will be privately contracted through Evergreen Disposal or City of Kalispell trash service. e. Utilities (water, sewer, electric, etc.) New city-owned water and sewer mains will be extended from the existing City-owned mains to serve the proposed development. Individual building domestic and fire suppression (where required by code) and sanitary sewer services will be provided from the proposed mains. The development’s power requirements will be served from the existing overhead power lines that run along the site’s perimeter. Phone and cable utilities are available within the adjacent City ROW and individual services will also be provided to each building. f. Screening and buffering Landscaping will be provided in accordance with City standards to help provide screening and buffering from neighboring properties. Boulevard trees will be provided on the city road frontages and planting beds will be provided adjacent to the site buildings and within the proposed parking islands. Lawn will be provided in all other areas. g. Signs, yards, and other open spaces A monument sign will likely be located at one of the site entrances. The front yard area near the intersection of 2nd St. W and S. Meridian Rd will be maintained and updated with a stormwater retention pond and new landscaping. h. Height, bulk, and location of structures As discussed above, the overall development is proposed to consist of remodeling the existing armory building and several new construction multi-family residential buildings. Preliminary architectural elevations are being provided with this application. The proposed multi-family buildings will be located in the northeast corner of the property, in proximity to the neighboring residential properties. i. Location of proposed open space uses As mentioned above, the existing open space in the front yard area near the intersection of 2nd St. W and S. Meridian Rd will be maintained and updated with a stormwater detention pond with potential overflow into the City stormwater system and new landscaping. Additional open space will be provided in the vicinity of the residential buildings. Examples of amenities include a community garden, playground, and outdoor patio space. Amenities meeting the multi-family requirement of 500 sf per unit will be used as a guide during eventual project design. j. Hours and manner of operation The site will operate mostly multi-family property and therefore, typical residential hours will be in use. The homeless shelter will be staffed at all times to provide supervision for the short-term residents. Operations will be carried out to support the Samaritan House focus on ending homelessness, providing shelter, create stability, and encourage independence. k. Noise, light, dust, odors, fumes, vibration, glare, and heat Noise impacts would be negligible; limited to the typical low level of noise associated with multi-family living and associated traffic. Temporary increases in noise and vibration associated with construction activities would occur during normal daytime working hours during construction but would be mitigated by the Contractor to minimize any nuisance to adjacent property owners. Cut off parking area lighting and low-level building mounted lighting would be used to minimize light impact on neighboring properties. The potential for dust would be primarily during construction. Dust impacts will be minimal after construction as disturbed areas will be stabilized with either hardscape or landscaping. The potential exists for glare from building windows and cars to impact neighboring properties. Minor fumes and odors may impact neighboring properties due to the increase in traffic traveling to and from the site. No other fumes or odors are anticipated. l. Storm Drainage Site stormwater run-off will be captured and detained in a new stormwater infiltration basin in the southwest corner of the property. The existing site’s stormwater runoff entered the City ROW; therefore, overflow from the infiltration basin may discharge into the City’s existing storm drain system within S Meridian Rd at run-off rates that meet the pre-development conditions. m. Fire/police Fire and police services will be provided by the local jurisdictions. The proposed residential buildings will be provided with a fire water service for sprinklers (where required by code), and new fire hydrants will be provided throughout the development to meet the fire department hydrant coverage requirements. Kalispell Development Services 0 250125 Feet N Subject Property B-3 RA-1 R-4 County B-1 B-1 R-4 B-2 4TH ST W 1 0 T H A V E W 2ND ST W S M E R I D I A N R D W CENTER S T 9 T H A V E W 1ST ST W 3RD ST W APPLEWAY DR N M E R I D I A N R D MERIDIAN C T 2ND ST W 3RD ST W Residential Core Area Business Public Subject Property General Business Central Business Residential/Professional Office Residential Residential Apartment Residential Apartment/Office Kalispell Zoning Exhibit- August 16th, 2021 1110 2nd St W Date: 8-16-2021 FilePath: J/2021/07202021 MtCadastral data: 07012021 ALLEY 4TH ST W 1 0 T H A V E W 2ND ST W S M E R I D I A N R D W CENTER S T 9 T H A V E W 1ST ST W 3RD ST W N M E R I D I A N R D APPLEWAY DR MERIDIAN C T 5TH ST W 2ND ST W A L L E Y ALLEY ALLEY 3RD ST W 0 250125Feet N High Density Residential Urban Mixed Use Commercial Subject Property (SP) Kalispell Development Services High Density Residential Floodway Public/Quasi Public, Openspace City Airport-Gov. Suburban Residential Urban Residential Industrial Neighborhood Commercial Public OpenSpace Commercial Urban Mixed Use Urban Residential Subject Property Kalispell Growth Policy Exhibit- August 16th, 2021 1110 2nd St W Date: 8-16-2021 FilePath: J/2021/07202021 MtCadastral data: 07012021 Urban Mixed Use Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, USGS Kalispell Mailing List - August 16th, 2021 1110 2nd St W Date: 8-16-2021 FilePath: J/2021/07202021 MtCadastral data: 07012021 Kalispell Development Services 0 500250 Feet N Subject Property Mailing List Parcels