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H7. Ray of Hope Conditional Use PermitKALisPEii, Development Services Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisi)ell.com/planning REPORT TO: Doug Russell, City Manager FROM: Kari Barnhart, Planner II SUBJECT: KCU-23-01— Ray of Hope Conditional Use Permit MEETING DATE: April 3, 2023 BACKGROUND: Dave McLean (A Ray of Hope) has submitted a request for a conditional use permit to expand the existing facility located at 46 Fifth Ave West. The expansion involves the construction of a 1280 square foot garage on the rear of the lot with an apartment on the second story for families in need. The property was granted a conditional use permit for a shelter in March 2005 (Exhibit A) which allows them to operate a shelter that provides transient housing, meals, clothing, and counseling and this conditional use permit would be considered an expansion of this prior approval. The expansion requires a new conditional use permit because the addition is cumulatively more than 25% of the existing facility. The apartment above the garage is considered a single-family use, as commercial zones (property zoned B-3) allow for multiple principle uses on the property per section 27.20.080. The expansion is anticipated to provide two functions. First, to house families who have been separated between this men's shelter (`Bob's House) and the women's shelter (Peggy's House) which is located across the street at 106 Fifth Ave West. A Ray of Hope ministries does serve families and the development will help them to maintain that family unit while working towards their goals to move out and on. Second, the garage will provide a place for those staying at A Ray of Hope to be able to work on their vehicles like that of a homeowner who might do light vehicle repairs within their garage. The ability for the residents to work on their vehicles and keep them in good running condition is an important part to them getting back on their feet. A more detailed description of the program is attached to this report as Exhibit B, which has been provided by the applicant. The property is generally located at 46 Fifth Ave West and can be described as Lot 6 of Block 159 of Kalispell Addition No. 1, Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on March 14, 2023, to consider the request. Staff presented staff report KCU-23-01 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 conditional use permit be granted subject to the 9 listed conditions. One public comment was received at the public hearing in addition to comments from the applicant. Public comment generally focused on the need for the expansion. The public hearing was closed, and a motion was presented to adopt staff report KCU-23-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 9 conditions. Board discussion concluded that the requests were appropriate, and the motion was approved on a unanimous vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Dave McLean (Ray of Hope) for a Conditional Use Permit KCU-23-01to expand the existing facility located at 46 Fifth Ave West which can be described as Lot 6 of Block 159 of Kalispell Addition No. 1, Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Conditional Use Permit March 14, 2023, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Public Comments c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: A Ray of Hope Dave Mclean - Director 200 Heritage Ranch Road Columbia Falls, MT 59912 LEGAL DESCRIPTION: Lot 6 of Block 159 of Kalispell Addition No. 1, Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ZONE: B-3, Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the expansion of the existing facility located at 46 Fifth Ave West. The expansion involves the construction of a 1280 square foot garage on the rear of the lot with an apartment on the second story for families in need. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on March 8, 2023, held a public hearing on the application, took public comment and recommended that the application be approved subject to nine (9) conditions. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-23- 01 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the expansion of the existing facility located at 46 Fifth Ave West, consisting of the construction of a 1280 square foot garage on the rear of the lot with an apartment on the second story, in the B-3 zoning district, subject to the following conditions: That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. That the development of the site shall be in substantial conformance with the submitted application. Prior to construction, the applicant shall apply for a building permit through the City of Kalispell Building Department to review the proposed structure and improvements. 4. The new structure shall have separate water and sewer service lines installed per city standards. The applicable impact fees associated with the new service lines shall be paid by the applicant at the time the building permit is issued. 5. All conditions set forth in the Conditional Use Permit (KCU-05-01) approved in March 2005 still apply and are not superseded with this Conditional Use Permit. 6. Outside storage of auto parts or partially or completely dismantled vehicles is prohibited. 7. Vehicles being repaired shall not be stored within the public right-of-way. 8. Auto repair shall not occur outside of the enclosed building. 9. No commercial auto repair can be provided without review and approval from the Kalispell Zoning Administrator. Dated this 3rd day of April, 2023. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2023 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 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING March 14, 2023 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning Commission CALL was called to order at 6:00 p.m. Board members present were Chad Graham (chair), Pip Burke, Kevin Aurich, Doug Kauffman, Rory Young, Kurt Vomfell, and Joshua Borgardt. Kari Barnhart, PJ Sorensen, and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Burke seconded a motion to approve the minutes of the February 14, 2023, 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. KPP-22-07, KZC-22-05 A request from Owl Corporation and Flathead Village Greens, LLC, for a zone STILLWATER VILLAGE change from R-2 (Residential) to R-4 (Residential) covering approximately 182.15 acres, as well as a request for major preliminary plat approval for Stillwater Village, a subdivision with eight (8) phases containing a total of 181 lots (67 detached single- family and 114 attached single-family homes) on approximately 46.78 acres in lots, streets, common areas, and land held for future development. Additionally, the plat contains approximately 20.01 acres as park area and park access (for a total of approximately 66.79 acres) to serve both the initial eight phases and future phases on the overall property that are not part of the initial preliminary plat. The property is located south of Silverbrook Estates, west of Highway 93 and Hagerman Lane, north of Northern Pines Golf Course, and bordering the Stillwater River on the western edge of the property. The property can be described as Tracts 1 and 2 of Certificate of Survey No. 22183, on file and of record in Flathead County, Montana, located in the SW 1/4 of the SE 1/4 and the SE 1/4 of the SW 1/4 of Section 13 and the N '/2 of the NE'/4 and the NE'/4 ofthe NW '/4 of Section 24, Township 29 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report 4KZC-22-05 and 4KPP-22-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff reports 4KZC-22-05 and 4KPP-22-07 as findings of fact and recommend to the Kalispell City Council that the zone change and preliminary plat for Stillwater Village Phases 1-8 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members and staff discussed the Traffic Impact Study (TIS), wetland setback, pedestrian access, lighting and light pollution, and issues with Highway 93. Sorensen advised that the developer is only responsible for the impact that they create and Haskins advised that the MDT is not required to move forward with the City's TIS recommendations. PUBLIC COMMENT Susan Bergstrom — 135 W Monture Ct — Owns property adjacent to the proposed subdivision - Expressed concerns about the lack of buffer between the 2 subdivisions, traffic on Hwy 93, the zone change being uncharacteristic of Silverbrook or Northern Pines, and losing her mountain views. She would like for the zoning to remain R-2. Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page I 1 Heather McDonald — 304 Fox Hollow Ct — Northern Pines HOA President — Has concerns regarding density, Hwy 93 traffic, and light pollution. She requested a speed study between Reserve Dr. and Church Dr.. Will Warberg — 102 Quail Ct — Supports Ms. McDonald's comments and requested traffic mitigation recommendations. Rodney Fowler — 115 Grouse Haven Way — Silverbrook HOA President — Is concerned for motorist safety, loss of service, increased traffic on Hwy 93, and density. He requested the Board delay their decision so staff can further evaluate and encourage all parties to collaboratively address the Silverbrook HOA concerns. Dennis Bar — 110 Sage Grouse Way — Expressed concerns for public safety due to increased traffic and stated that there are contradictions between the staff report and the TIS. He requested that this be sent back to the planning department to re-evaluate the TIS. Rob Braig — 210 Wild Pine Ct — Concerned about comments from Fish, Wildlife & Wildlife comments, the lack of detail for the entire 182 acres, lighting, and higher density for R-4 zoning. He requested plans for all 182 acres. Eric Mulcahy — Sands Surveying — Representing the developer — Provided a brief history of the parcel and advised that the developer did not apply for preliminary plat for the entire 180 acres because it would be a massive project and they could not predict the land use. He stated that that the TIS is presently under review with Kalispell Public Works and MDT. MOTION — KZC-22-05 Kaufffnan moved and Young seconded that the Kalispell Planning Board adopt staff report #KZC-22-05 as findings of fact and recommend to the Kalispell City Council that the zoning for the property be changed from R-2 (Residential) to R-4 (Residential). BOARD DISCUSSION Board members discussed comments regarding the zone change and how it fits in the growth policy, the traffic impact study, the buffer between the subdivisions, and street lighting. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-22-07 Young moved and Kauffman seconded that the Kalispell Planning Board adopt staff report #KPP-22-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Stillwater Village Phases 1-8 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KPP-23-02 BITTERROOT A request from Michael Sandefer for preliminary plat approval for Bitterroot Heights HEIGHTS NO. 2 No. 2, a major subdivision containing approximately 4.2 acres. The subdivision would include 13 single family lots and park area. The property is generally located on the west side of North Riding Road and south of West Northview Loop, and includes property currently addressed as 249 Three Mile Drive. The property can be described as Parcel A and Lot IA, shown on Certificate of Survey 21303, being situated in the southeast quarter of the southwest quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KPP-23-02. Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page12 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report 4KPP-23-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bitterroot Height No. 2 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members and staff discussed subdivision regulations and acceptance of third - party sound study reports. PUBLIC COMMENT Eric Mulcahy — Sands Surveying — Representing the developer — Provided a brief summary of the project. Renae Solum — 33 W. Northview Loop — Expressed concerns with the location of the mailboxes and traffic on 3 Mile Drive. MOTION — KPP-23-02 Vomfell moved and Awich seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report 4KPP-23-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Bitterroot Height No. 2 be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Kauffman, Graham, and Young stated that this is a good infill project. ROLL CALL Motion passed unanimously on a roll call vote. KA-23-02, KPP-23-03 CREEKSIDE A request from Brent Holdings, LLC, for annexation and initial zoning of R-4 SUBDIVISION (Residential), along with a request for major preliminary plat approval for Creekside Subdivision, a residential subdivision on approximately 24.51 acres with 71 lots (35 detached single-family and 36 attached single-family), along with streets, parks, and open space. The property is located at 1111 Farm -to -Market Road and is more particularly described as Parcels C and D of Certificate of Survey No. 8903 in the Northwest Quarter of the Southwest Quarter of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report 4KA-23-02 and KPP-23-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports 4KA-23-02 and KPP-23-03 as amended as findings of fact and recommend to the Kalispell City Council that the annexation and preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board members and staff discussed sewer conditions, geotech, subdivision regulations related to buildable lots and use of alleys as the primary means of access. Young felt that the proposed subdivision did not meet the subdivision regulations. Sorensen advised that the interpretation of the regulation is consistent with to how the city has applied the standard in the last 20 or more years. PUBLIC COMMENT Nick Venturini — 1145 Farm to Market Rd — Lives directly north of the property. Has concerns for wildlife impact, land use, livestock, and trespassing. Cindy Verzalik — 951 N Camas Ln — Lives directly across from the property. Concerned about cars going in and out, traffic sounds, and losing her mountain views. Tina Venturini — 1145 Farm to Market Rd — Lives directly north of the property. Concerned about trespassing, increased traffic, and impact -additional students will Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page 13 have to West Valley School District. She also is concerned that a 20ft alley is not wide enough for fire trucks. Francisco Carbajal — 456 Mountain Vista Way — Concerned about water supply, increased traffic, and speed limits. Jordyn Mallet— Morrison-Maierle — representing the developer — Advised that the developer is collaborating with other developers nearby on water and sewer with the City. Andi Kitzmiller — 487 Mountain Vista Way — Has electrical grid concerns and will lose his mountain views. MOTION — KA-23-02 Vomfell moved and Kauffman seconded recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report 4KA-23-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-4 (Residential). BOARD DISCUSSION Young could not support the application due to his interpretation of the subdivision regulations and because he is concerned that the alley width may not meet the International Fire Code width requirement. ROLL CALL Motion passed 6-1 on a roll call vote. MOTION — KPP-23-03 Vomfell moved and Kauffman seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report 4KPP-23-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Creekside Subdivision be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members discussed site distances, access to the subdivision, and comments regarding infrastructure, taxes, the nearby shooting range, water supply, and visualization. MOTION — KPP-23-03 Kaufffnan moved and Vomfell seconded to amend the conditions of KPP-23-03 to AMENDMENT include condition 36 the westernmost alley located between lots 30A/B through 34A/B and Lots 35A/B through 39A/B shall be a minimum 20 feet wide with a minimum paved width of 20 feet to provide for fire access. As a private alley, the covenants shall require that the alley be free of parked vehicles and other obstacles. ROLL CALL — KPP-23-03 Motion passed unanimously on a roll call vote. AMENDMENT ROLL CALL — KPP-23-03 Motion passed 5-2 on a roll call vote. KCU-23-01— A RAY OF HOPE A request from Dave McLean as director of A Ray of Hope for the expansion of its facility at 46 Fifth Avenue West, which is located in the B-3 (Core Area Business) zone. The expansion involves the construction of an approximately 1280 square foot garage on the rear of the lot. The garage would include an apartment in the second story. The property was granted a conditional use permit for a private shelter in March 2005 and this conditional use permit would be considered an expansion of the prior approval. The property can be more particularly described as Lot 6 of Block 159 of Kalispell Addition No. 1, Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. STAFF REPORT Karl Barnhart representing the Kalispell Planning Department reviewed Staff Report #KCU-23-01. Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page14 Staff recommends that the Kalispell Planning Board adopt staff report 4KCU-23-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members and staff discussed the CUP conditions. PUBLIC COMMENT Dave McLean -200 Harris Ranch Rd — Director of A Ray of Hope — provided a brief summary of the program which includes multiple tests, goal setting, and counseling. He also advised that there would not be an increase in density. Rudy Kessner — 134 Garden Dr — Supports the CUP because it serves the community. MOTION — KCU-23-01 Vomfell motioned and Kauffman seconded that the Kalispell Planning Board adopt staff report #KCU-23-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Board members discussed the conditions of the CUP and the benefits it would provide to the community. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Sorensen advised the board that there will be no Planning Board Meeting in April. Nygren advised the board that there are 30+ bills in Helena that may affect the Planning Department function and encouraged board members to reapply if their term is up to maintain experience on the board. ADJOURNMENT The meeting adjourned at approximately 8:53pm. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of March 14, 2023 Page 15 RAY OF HOPE CONDITIONAL USE PERMIT — STAFF REPORT #KCU-23-01 KALISPELL PLANNING DEPARTMENT MARCH 8, 2023 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit for the expansion of the Ray of Hope homeless shelter located at 46 Fifth Ave West. A public hearing on this matter has been scheduled before the Planning Board for March 14, 2023, 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 request from Dave McLean (A Ray of Hope) is for a conditional use permit to expand the existing facility located at 46 Fifth Ave W. The expansion involves the construction of a 1280 square foot garage on the rear of the lot with an apartment on the second story for families in need. The property was granted a conditional use permit for a shelter in March 2005 (Exhibit A) which allows them to operate a shelter that provides transient housing, meals, clothing, and counseling. and this conditional use permit would be considered an expansion of this prior approval. The expansion requires a new conditional use permit because the addition is cumulatively more than 25% of the existing facility. The apartment above the garage is considered a single-family use, as commercial zones (property zoned B-3) allow for multiple principle uses on the property per section 27.20.080. The expansion is anticipated to provide two functions. First, to house families who have been separated between this men's shelter (`Bob's House) and the women's shelter (Peggy's House) which is located across the street at 106 Fifth Ave West. A Ray of Hope ministries does serve families and the development will help them to maintain that family unit while working towards their goals to move out and on. Second, the garage will provide a place for those staying at A Ray of Hope to be able to work on their vehicles like that of a homeowner who might do light vehicle repairs within their garage. The ability for the residents to work on their vehicles and keep them in good running condition is an important part to them getting back on their feet. A more detailed description of the program is attached to this report as Exhibit B, which has been provided by the applicant. A: Applicant: A Ray of Hope Dave Mclean - Director 200 Heritage Ranch Road Columbia Falls, MT 59912 B: Location: The subject property is located at 46 Fifth Ave West and can be described as Lot 6 of Block 159 of Kalispell Addition No. 1, Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. C: Existing Land Use and Zoning: The subject property is located within the B-3 (Core Are Business) Zoning District and is developed with a two-story home with a basement operating as a shelter. The B-3 zone is a "district which 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." FA Kalispell ZDninq 4 ■ Feet ...... Kalispell Growth Policy � _=�1����...���■ ter. D. Size: The subject property is approximately 7100 square feet in size. E: Adjacent Zoning: West: B-3 North: B-3 East: B-3 South: RA-2/RA-I F: Adjacent Land Uses: West: Professional/Retail Offices North: Commercial/multi-family East: Residential/Commercial South: Residential/Shelter G: General Land Use Character: The immediate area is characterized by a mix of residential and commercial uses and is a transition area from the residential west side of Kalispell to the south and the commercial center of Kalispell to the north. H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Commercial, which is consistent with the B-3 zoning. The Commercial land use category provides areas for commercial uses such as general retail, offices, restaurants, and other uses consistent with general business zoning districts, including multi -family. 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 in the vicinity and available to the subject property. 3 L• Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. Sewer: City of Kalispell Water: City of Kalispell Solid Waste: City of Kalispell Electricity: Flathead Electric Cooperative Gas: Northwestern Energy Phone: CenturyTel Police: City of Kalispell Fire: City of Kalispell Schools: School District 95 — Elrod/Flathead High School 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 requested conditional use permit would allow expansion of the existing group home. 1. Site Suitability: Adequate Useable Space: The subject property is approximately 7100 square feet. The majority of the project site is relatively flat with no significant impediments. 4 Design standards in the zoning ordinance would apply setbacks and lot coverage standards. In the B- 3 zone, there are no minimum setbacks or maximum lot coverage requirements. Parking design will be reviewed as part of the building permit and site review process to ensure compliance with the zoning ordinance. b. Height, bulk and location of the building: As there are no setbacks or lot coverage requirements, the proposal would meet those standards applicable in this zone. The B-3 zone also limits the maximum height to 60 feet and the proposed building is two stories tall, which would be well under the allowable height. Verification of all these standards would occur during building permit review and site review. Adequate Access: The property is located on Fifth Avenue West. It has adequate access to city streets as well as an alley where the garage/apartment will be accessed from. d. Environmental Constraints: There are no known environmental constraints, such as steep slopes, streams, floodplains, or wetlands on the property, which could affect the proposed use. 2. Appropriate Design: Parking Scheme/Loading Areas: The off-street parking requirement under the zoning ordinance for homeless shelters is one per five occupants, which provides parking both for those individuals who may have a car, but not other shelter, and for workers/volunteers at the center. Based on the estimated 30 occupants, three parking spaces (50% reduction in B-3 Zone) would be required, including one van -accessible handicap parking space. The site plan submitted has sufficient area to provide the parking. The specific layout and design of the parking area will be reviewed as part of the site review process prior to occupancy. b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Any exterior lighting which may be installed would be required to meet those standards. C. Traffic Circulation: Traffic for this property enters and exits the parking lot from the access through the alley. Traffic circulation is generally good. d. Open Space: The property has typical open/lawn area associated with single-family home in the neighborhood. Fencing/Screening/Landscaping: The property already has mature landscaping, and the applicant is prepared to install fencing if necessary. Side: Signage is existing on the property. 3. Availability of Public Services/Facilities: 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. No unusual impacts or needs are expected. C. Water: City water is available and currently serves the property. A new service line will need to be installed to serve the second structure. There is an existing main within 5t' Ave W across the front of the property which will need to be brought around to the back of the property and cannot be run down the city owned boulevard. d. Sewer: Sewer service is also available and currently serves the property. A new service line will need to be installed to serve the second structure. There is an existing sewer main in the alley which will serve the new structure. Storm Water Drainage: There are no special storm drainage requirements relating to the site. Solid Waste: Solid waste pick-up will be provided by the city. g. Streets: The property is on Fifth Avenue West, which provides access to the greater City of Kalispell circulation system. h. Sidewalks: There is a sidewalk across the full length of both frontages of the property. Schools: This site is within the boundaries of School District 95. The addition would house families with children so there could be a slight impact. Parks and Recreation: No parkland or recreational amenities are required because the proposal is not a multi -family project or a residential subdivision with parkland requirements. 4. Neighborhood impacts: Traffic: The property accesses existing public streets. Any impacts would be minimal and would be generally consistent with residential patterns in the area. b. Noise and Vibration: The new structure will not create additional noise and vibration beyond what would be expected in a residential context. C. Dust, Glare, and Heat: The new structure will not create additional dust, glare or heat beyond what would be expected in a residential context. d. Smoke, Fumes, Gas, or Odors: The new structure will not create additional smoke, 2 fumes, gas, or odors beyond what would be expected in a residential context. e. Hours of Operation: The property is used as a shelter but still operates much like a residential home, there will be no specific hours of operation outside of typical residential functions. f. Auto Repair: Light vehicle repair will be performed in the new structure. This will be limited to residents only; any commercial use would require a conditional use permit and additional review and approval. Any impacts would be minimal and would be generally consistent with residential patterns in the area. 5. Consideration of historical use patterns and recent changes: The area is in a well - established mixed use of residential and commercial uses. A small expansion of a garage with a living unit fits within the historic and projected growth patterns in the area. 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. 7. Impact on surrounding area: After considering the foregoing review criteria, it is found that the proposed use conforms to the requirements set forth in Chapter 27 of the Kalispell Zoning Ordinance. Furthermore, the application of generally applicable design standards and the conditions of approval provided for herein ensure that the proposed use of the property will have no more adverse effect on the health, safety, or comfort of persons living or working in the area and will be no more injurious, economically, or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. RECOMMENDATION The staff recommends that the Kalispell Planning Board adopt staff report #KCU-23-01 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. 3. Prior to construction, the applicant shall apply for a building permit through the City of Kalispell Building Department to review the proposed structure and improvements. 4. The new structure shall have separate water and sewer service lines installed per city standards. The applicable impact fees associated with the new service lines shall be paid by the applicant at the time the building permit is issued. 7 5. All conditions set forth in the Conditional Use Permit (KCU-05-01) approved in March 2005 still apply and are not superseded with this Conditional Use Permit. 6. Outside storage of auto parts or partially or completely dismantled vehicles is prohibited. 7. Vehicles being repaired shall not be stored within the public right-of-way. 8. Auto repair shall not occur outside of the enclosed building. 9. No commercial auto repair can be provided without review and approval from the Kalispell Zoning Administrator. Exhibit A LEGAL DESCRIPTION: ZONE: City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE Anne and Michelle Gentry 115 Eastland Crossroads Columbia Falls, MT 59912 Lot 6, Block 159, Kalispell Addition #1 in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana General Business, B-2 The applicant has applied to the City of Kalispell for a conditional use permit to allow the operation of a private shelter in the B-2, General Business, zoning district in an existing two story residence. The shelter would provide transient housing, .meals, clothing and counselling to an essentially unlimited number of individuals. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on February 8, 2005, held a public hearing on the application, took public comment and recommended that the application be approved subject to thirteen conditions. After reviewing the application, the record, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office Conditional Use Report #KCU-05-1 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate a private shelter in the General Business, B-2, zoning district subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the approved site plan and the Kalispell Zoning Ordinance. 2. That all required inspections and approvals are obtained from the Kalispell Fire Marshal and City Building Department. Any improvements to the building related to fire and/or building codes, occupancy, cooking, sprinkler system requirements, egress windows or other needed upgrades shah be reviewed and approved by the respective departments prior to occupancy. 3. No outdoor storage of inoperable vehicles, furniture, donated items or other type of miscellaneous objects including objects stored on porch areas shall be allowed at any time. 4. All parking for the shelter and its residents shall be provided and maintained in the parking area to the west of the residence that has been developed to City standards. 5. Quiet times between 11:00 PM and 6:00 AM shall be established and enforced by the operators of the facility. 6. An outdoor smoking and eating area shall be established behind the residence, on the west side of the property and any outdoor smoking or eating that might occur shall be limited and restricted to this area. 7. Occupancy of the shelter shall be limited to a maximum of 30 individuals including the operators, residents and children or that which is limited by building and fire codes whichever is less. S. There shall be no retail sales from the property which would not preclude the distribution of food, clothing or other items to those in need. Any items donated or obtained by the operators of the facility intended for distribution shall be stored inside the residence. 9. Every effort shall be made by the operators of the shelter to ensure that good integrity of the neighborhood is maintained and that the residents of the facility act as good neighbors in both conduct and appearance. 10. It is hereby stated that as a condition of this permit that if any of the conditions of the permit are violated at any time, that the conditional use permit may be immediately revoked and the shelter activity ceased upon notice by the City of Kalispell. 11. An on -site manager be present at the facility seven nights a :reek during the quiet hours of 11:00 PM io 6:00 AM. 12. A sign that meets the zoning regulations be installed that is visible to a pedestrian from the sidewalk with the name of the organization and a contact number. 13. That the commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is being made to bring the project to completion. Dated this 7th day of March, 2004. STATE OF MONTANA : ss County of Flathead Or, this day of _�� , 2005 before me, a Notary Public, personally appeared Pamela B. Kennedy, 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 she 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. ,FFF,FFFaettiola Notary Public, State of Montana Residing at Kalispell, Montana L_A_ •... � ��My c6niMission Expires * '. a•-A�F, §._..: ..' �. .. � ;. , . ':-.;.V ,. _ ., .. Fes.:. .. .... -. ..+ 116,97 il ty _ ti G 9 (1 % (i �9 r� 6�. =. n Q e m $ EXHIBIT B About A Ray of Hope February 6, 2023 A Ray of Hope consists of `Bob's House`: a men's shelter located at 46 Fifth Avenue west, Kalispell, and "Peggy's House % a women and children's shelter across the street at 106 Fifth avenue west, Kalispell. Decently, there's been much press about the issue of the homeless in the community and I would like to clarify the focus of our ministry. The day that the County Commissioners sent their letter to the Daily Interlake, I received an email from Commissioner Brodehl expressing their concerns about shelter being prodded to the homeless without any accountability or responsibility. I met him the following day and am in agfewith their concerns. A Ray of Hope is a transitional shelter and requires drug and alcohol testing, accountability of time, money, caring for our property and giVM- g back to the community through weekly bene-vol.ence hours and progress in reaching goals. We do not support or condone housing those who are desirous ofusing the compassion of some to sustain their own drug or alcohol habit. While there are those who have no desire or discipline in growing and changing, and sadly, there are many who go their ouvri way after an effort on our part to help them, we also see manor who are_able_ta break their addictions and get on their feet, both financially and personally - We find that the longer a person or Family stay at the shelter and develop the disciplines of healthy living, the greater their opportunity for success. This is the reason for the small apartment above the garage in our development plans. We do serve families, and if they are separated between the two shelters, there is a reasonable push to move out and on in an effort to restore the family unit under one roof. This apartment would address the critical need for this ministry to maintain the family unit_ The beauty of this ministry, is that, for a goad number of those who settle in and break their addiction and develop the Godly disciplines, they are no longer part of our city's homeless population. They become good contributing community members, mane of whom take up the mantle of helping others who are addicted themselves. Our four house managers are overcomers and have been off of drugs and alcohol for some time and are investing in this community in an amazing uay- A Ray of Hope is a small ministry that is committed to responsibility and accountability, and for those who work with us on the city, county and state level in homeless and addiction issues, Ive are a trusted go to. Dave McLean._ Director 406-309-1228 mclearfarnmai1 ,gmail.com Development Services Department Avenue East 201 Kalispell, MT 59901 11CALISPELL hone ( 06)758 Phone {406j 758-794p CONDITIONAL USE PERMIT Email: glanninq@kalispell.com Website: www•kalisRell.com Project Name Property Address A Ray of Hope 146 Fifth Avenue West NAME OF APPLICANT Applicant Phone Dave McLean- Director 1406-309-1228 Applicant Address City, State, Zip 200 Heritage Ranch Road Columbia Falls, MT 59912 Applicant Email Address mcleanfammail@gmaii.com If not current owner, please attach a fetter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone A Ray of hope 1406-755-4673 Owner AddressJ City, State, Zip 46 Fifth Avenue West Kalispell, MT 59901 Owner Email Address mcleanfammail@gmaii.com CONSULTANT (ARCHITECT/ENGINEER) Phone Dave McLean 1406-309-1228 Address City, State, Zip 200 Heritage Ranch Road Columbia Falls, MT 59912 Email Address mcleanfammail@gmail.com POINT OF CONTACT FOR REVIEW COMMENTS Phone Dave McLean 1406-309-1228 Address State, Zip 200 Heritage Ranch Road JCity, Columbia Falls, MT 59912 Email Address mcleanfammail@gmail.com List ALL owners (any individual or other entity with an ownership interest in the property): A Ray of Hope A Ray of Hope A Ray of Hope Legal Description (please attach a full legal description for the property and a copy of the most recent deed). Before the application will be deemed to be accepted for review, our office must receive an approval of the legal description from the Flathead County Plat Room. Please submit the legal description to their office (plat@flathead.mt.gov). Development Services Department 201 1st Avenue East KALISPELL Kalispell, ) 7 513901 Phone (4061758-794-7440 1. Zoning District and Zoning Classification in which use is propsed: B-3 12. Attach a site plan of the affected lot which identifies the following items: a. Vicinity map and surrounding land uses b. Dimensions and shape of lot c. Topographic features of lot d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings f. Existing use(s) of structures and open areas g. Proposed use(s) of structures and open areas h. Existing and proposed landscaping, screening, fencing, open space & signage i. Exisiting and proposed parking, loading, lighting & traffic circulation j. Exisiting and proposed garbage collection, streets & utilities k. Floodplain if applicable I. Adjacent sidewalks & bike trails 3. Attach Building Elevations - (drawing of any proposed building and/or addition showing views from north, south, east and west ) .4. On a separate sheet of paper, discuss the following topics relative to the proposed use (please elaborate beyond referencing materials listed above): a. Traffic flow and control b. Access to and circulation within the property c. Off-street parking and loading d. Refuse/garbage collection and service areas e. Utilities (water, sewer, electric, etc.) f. Screening and buffering g. Signs, yards and other opens spaces h. Height, bulk and location of structures i. Location of proposed open space uses f. Hours and manner of operation k. Noise, light, dust, odors, fumes, vibration, glare and heat I. Storm drainage m. Fire/Police 5. Attach supplemental information for proposed uses that have additional requirements (consult Planner) 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 Wormation 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. Kai ispe11 City staff to be present on the property for routine monitoring and inspection during the ., I , approval and development process. Applicant Signature r1 �nMtON� ,Hy 2l pnc-S.. _- 2 al-- �I x 4S � . .. l .���� ƒ) � \�\ � �� � �.���.��������@������.. . .. . . . . ... .. »� .. . . \ \. .. : 2 . . . . . . . . .. « . /� � . . . � � 2 <<®� � .\ \.\\ �� � /.�. /� . \ \� / \ \.. �� \� � ��� : I � r ! .� lit # � . � . . •�� W. w � � & . pr � . � _ . . � � 40 . � �4. a� - 4d � � + sh. p4rop,,- § Google Earth * . � �r . � 30m , Cm«ea 1,2em 4e1£4eN114-'19'1e7 goem CITY OF Kalispell Zoning KALISPELL A Ray of Hope, 46 5th Ave W %Z/ Subject Parcel B-3 Core Area Business B-4 Central Business R-4 Residential RA-1 Residential Apartment RA-2 Residential Apartment Data Sources: Montana Cadastral, N 0 70 140 280 420 Flathead County GIs. Feet City of Kalispell GIs, Basemap: Austin Bachurski - 02/14/2023 Esri Community Maps, ArcGIS.Com CITY OF���M� Kalispell Growth Policy KALISPELL A Ray of Hope, 46 5th Ave W //. Subject Parcel Commercial Urban Mixed Use High Density Residential Urban Residential Res Data Sources: Montana Cadastral, Flathead County GIs. City of Kalispell GIs, Austin Bachurski - 02/14/2023 1�J G m'mercial VI-1.01-011004' 5i 0 Urban Red Use ntia pt .p N 0 70 140 280 420 Feet Basemap: Esri Community Maps, ArcGIS.com CITY OF Kalispell Mailing List ®Subject Parcel 0 KALISPELLA Ray Of Hope - 46 5th Ave W Mailing List Parcels other Parcels o N fi / Z A R i 1 L L _ L Ln CD L Z fi L �L 2 Z E d r Data Sources: Montana Cadastral, N 0 50 100 200 300 Flathead County GIs. Feet City of Kalispell GIs, Basemap: Austin Bachurski - 02/14/2023 Esri Community Maps, ArCGIS.com